The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Kuwait on 30 April 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 25 June 2024, which was recently translated and made available.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest and conviction of human rights defender Mohammed Al-Barghash in relation to his peaceful advocacy on behalf of the rights of the stateless Bedoon community in Kuwait.
Mr. Mohammed Al-Barghash is a human rights defender and a member of the Bedoon community in Kuwait. He founded the Bloc of Kuwaiti Bedoons, which addresses the problems facing them and advocates for their resolution.
The Bedoon (Bedoon Jinsiya, in Arabic, meaning without citizenship) are a stateless minority in Kuwait and on other parts of the Gulf region. Bedoon persons face difficulties in obtaining official documents, finding employment and accessing healthcare, education and social services provided to Kuwaiti citizens, leading many to live in poor economic conditions and children to use unsuitable private schools.
ALLEGATIONS
On 3 September 2023, Mohammed Al-Barghash was arrested by Kuwaiti State Security forces who arrived in seven cars at his workplace in the al-Sulaibiya neighbourhood of al-Jahra province, after blocking the road leading to it. They had an arrest warrant issued by the Public Prosecutor, and he was taken to Kuwait’s Central Prison where he was kept pending investigation. He was able to access his family and a lawyer. His arrest came after an interview on 11 August 2023 with Nabaa TV, a Saudi opposition channel broadcasting from Lebanon, in which he complained about the government’s lack of political will to resolve the Bedoon problem. He had also been posting regularly on the social media platform X, formerly Twitter, asking the Kuwaiti ruling family for justice for the Bedoon minority.
During his detention, Mr. Al-Barghash was allegedly taken blindfolded and handcuffed to the Interior Ministry’s State Security Apparatus in Kuwait City where he was interrogated, intimidated, and threatened with torture by six officers.
On 27 October 2023, a criminal court acquitted Mr. Al-Barghash of all charges, namely those of spreading false news, harming the State’s reputation, and misusing a telephone device. He complained to the judge about the ill-treatment he was subjected to, after which he suffered extreme fatigue and general weakness and had to be hospitalised for some hours. No action was taken by the court to follow up on these complaints.
The Public Prosecution appealed the court’s decision within 30 days of its pronouncement.
On 17 January 2024, the Court of Appeal held a hearing to consider the Public Prosecution’s appeal. The case was adjourned to 31 January 2024.
On 31 January 2024, the Court of Appeal convicted Mr. Al-Barghash of spreading false news, harming the State’s reputation, and misusing a telephone device to organise activities in support of the Bedoon community. He was sentenced to three years in prison.
On 21 February 2024, Mr. Al-Barghash reportedly turned himself in to the authorities and he is currently serving his sentence in Kuwait’s Central Prison.
Mr. Al-Barghash has previously been subjected to harassment in relation to his peaceful human rights work. On 27 July 2021, Mr. Al-Barghash appeared at the State Security Apparatus in Kuwait City after receiving a summons the day before. He was questioned for six hours about his participation in weekly sit-ins at Al-Irada Square, across from the National Assembly, demanding fundamental human rights and a just solution to the Bedoon community problems. He was also questioned about a video that he posted on Twitter about one month earlier in which he called on the then Prime Minister Sabah Al-Khalid Al-Sabah urging him to address the Bedoon issue. He was released after signing a pledge to reduce his online activities.
On 7 February 2022, he participated in a peaceful sit-in at Al-Irada Square that demanded an end to corruption. He also distributed leaflets calling for a sit-in on Bedoon rights to be held on 11 February 2022. He was arrested the same evening by persons affiliated with the Criminal Investigation Directorate and was held for two hours at the Salhiya Police Station and allegedly forced to sign a pledge to desist from distributing leaflets in Kuwait.
On 26 August 2022, he was arrested along with 21 other person who had participated in a peaceful demonstration calling for Bedoon rights in the majority-Bedoon neighbourhood of Taima. He was fined 200 dinars (approximately USD 650 at the time).
CONCERNS
In the communication, we express serious concern at the arrest and subsequent sentencing of Mr. Mohammed Al-Barghash, which appear to be a direct result of his activities in the defence of Bedoon community rights. We are also concerned by the alleged violation of his right to freedom of peaceful assembly and freedom of expression. We are further concerned at the information received regarding the ill-treatment and intimidation of Mr. Al-Barghash while under interrogation, as well as at the intimidation and harassment he has been subjected to in relation to his peaceful work in defending and advocating for Bedoon rights.
