A/66/44
Complaints and prompt, thorough and impartial investigations
(10) While noting that, according to the information provided to the Committee during
the dialogue, the Kuwaiti Ministry of Interior has set up a special department to record
public complaints and to follow up on grievances of abuse of authority filed against any
officer working at the Ministry of Interior, the Committee regrets the lack of an
independent complaint mechanism for receiving and conducting prompt, thorough and
impartial investigations of torture reported to the authorities, and for ensuring that those
found guilty are appropriately punished (art. 13).
The State party should establish a fully independent complaint mechanism, ensure
prompt, impartial and full investigations into all allegations of torture and prosecute
alleged perpetrators and punish those who have been found guilty.
(11) While noting that for the period of 2001–2011 there were 632 trials on cases of
torture, ill-treatment and corporal punishment, and that in 248 cases sentences perpetrators
were punished, the Committee however notes that the State party failed to provide
information on the exact types of penalties applied to the convicted perpetrators (arts. 4, 12
and 13).
The Committee requests the State party to provide information, including statistics,
on the number of complaints filed against public officials on torture and ill-treatment,
as well as about the results of the proceedings, at both the penal and disciplinary
levels, with examples of relevant sentences.
(12) The Committee deeply regrets the death of Mohamed Ghazi Al-Maymuni Al-Matiri,
subjected to torture in January 2011 by the law enforcement officials while he was in police
custody. The Committee takes note of the indictment of 19 persons who participated in acts
of torture related to this case (art. 12).
The Committee requests the State party to provide detailed information on the
judicial developments concerning this case, as well as on measures of compensation to
the relatives of the victim.
(13) The Committee expresses its concern at the case of eight persons released from
Guantanamo Bay and returned to Kuwait who were allegedly arrested and tried in Kuwait
upon their return.
The Committee requests the State party to provide information on the exact
circumstances of this case, as well as on any new judicial development.
(14) The Committee notes that in the concluding observations of the Human Rights
Committee of 2000 (CCPR/CO/69/KWT, para. 11) reference was made to a list of 62
persons detained in 1991 in the aftermath of the war, who had subsequently disappeared.
The Committee notes that the State party acknowledged only one case. The Committee is
concerned that the information about disappearance of persons detained following the 1991
war is recurrent and the issue has been raised by a non-governmental organization during
the examination of the report of Kuwait by the universal periodic review mechanism in
May 2010.
The State party should provide detailed information to clarify cases of detained and
disappeared persons following the 1991 war brought to its attention.
Non-refoulement
(15) The Committee regrets the lack of information to item 5 (CAT/C/KWT/2, para. 18)
of the State party’s responses to the Committee’s list of issues (CAT/C/KWT/Q/2), on
statistical information for the past five years (2005–2010) on asylum applications, in
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