Amnesty International has learnt that Kuwaiti journalist Muhammad ‘Abd al-Qader al-Jasem was released on bail on 4 December 2009, 12 days after being detained. He had been held at the Interior Ministry’s Criminal Investigation Department in Kuwait City after criticizing the Kuwaiti Prime Minister, Sheikh Nasser Al Sabah, during a private meeting held at a house in October 2009.

Muhammad ‘Abd al-Qader al-Jasem was initially summoned to a police station in Kuwaiti capital, Kuwait City, on 22 November, where he refused to answer questions as he was not informed of the reasons of his summons.On the same day, he was sent to the Interior Ministry’s Criminal Investigation Department where he again refused to answer questions as the grounds for his arrest had not been made clear.

Muhammad ‘Abd al-Qader al-Jasem is reported to have stated, at a private meeting or ‘diwaniya’, held at a house on 18 October, that he believed the Prime Minister incapable of leading the country. Muhammad ‘Abd al-Qader al-Jasem is said to have cited a number of controversial decisions made by the Prime Minister and criticised the number of elections that have been held in Kuwait since his appointment as Prime Minister.

Muhammad ‘Abd al-Qader al-Jasem had previously criticized the Prime Minister and government.

It is not known whether he has been formally charged following his detention in November and December 2009.

Many thanks to those who sent appeals.

Background to Muhammad ‘Abd al-Qader al-Jasem's case

Muhammad ‘Abd al-Qader al-Jasem is the founder of the online journal, Mizan, and was formerly a journalist with the newspaper Alam. Reports have suggested that he was forced to stop writing for the paper around mid 2009 on account of pressure from the government.

Muhammad ‘Abd al-Qader al-Jasem’s lawyer has told Amnesty International that the Prime Minister is pursuing five cases against his client, each relating to critical views that Muhammad ‘Abd al-Qader al-Jasem expressed against the Prime Minister. Not one has yet resulted in charges being brought against the journalist.

Background to freedom of expression and opinion in Kuwait

An independent journalists’ union was formed in Kuwait in July 2008. This happened four years after a court rejected its establishment. However, several journalists were prosecuted on defamation and other charges, although these charges no longer incur prison sentences.

On 8 March 2008, two editors were fined by the Criminal Court in Kuwait City and their newspaper licences were withdrawn. Mansur Ahmad Muhareb al-Hayni, editor of the weekly al-Abraj newspaper, was convicted of defaming the Prime Minister, and Hamed Turki Abu Yabes, editor of the weekly al-Shaab, was convicted of publishing political articles as his newspaper is licensed only to report on arts and culture.

In 2000, the UN’s Human Rights Committee stated it was “concerned about the limits imposed on freedom of expression and opinion in Kuwait, which are not permissible under article 19…” of the ICCPR. The Human Rights Committee called on Kuwait to “ensure that every person can enjoy his or her rights under article 19 of the Covenant without fear of being subjected to harassment.” Nevertheless, libel and slander remain criminal offences in Kuwait law, as set in articles 209 and 210 of the Criminal Code, attracting a maximum prison sentence of two years.

The UN Working Group on Arbitrary Detention has stated in a 2008 opinion that the use of criminal law is particularly inappropriate for alleged defamation against public officials on account of the fact that officials should be expected to tolerate more criticism than private citizen”.