UA: 134/15 Index: MDE 17/1872/2015 Kuwait Date: 15 June 2015 URGENT ACTION EX-MP ARRESTED FOR CRITICAL SPEECH Former Kuwaiti MP Musallam al-Barrak was arrested on 13 June to serve a two-year prison sentence on charges relating to a speech he had made in October 2012. He is a prisoner of conscience. Former Kuwaiti parliamentarian Musallam al-Barrak was arrested in the early hours of 13 June. He had handed himself over to the State Security forces following a dinner party, to serve a two-year sentence that had been upheld on 18 May by the Court of Cassation. He was later transferred to the Central Prison where after a medical check he was put into solitary confinement in the prison’s Block 2, where drug offenders and people sentenced to death are held. Musallam alBarrak went on hunger strike in protest, but abandoned it after 24 hours, when he was moved to the section of the prison where state security prisoners are held. Musallam al-Barrak had addressed a public gathering on 15 October 2012, in Erada Square, adjacent to Kuwait’s parliament, speaking out against government “time-wasting and the squandering of resources” and criticized the Amir of Kuwait. He was arrested on 29 October and released on bail four days later, amid nationwide protests. On 15 April 2013, a lower Criminal Court sentenced him to five years in prison in connection with his speech. He remained on bail pending his appeal. On 22 February 2015, an appeal court reduced the sentence to two years. Amnesty International believes that Musallam al-Barrak’s speech did not incite violence or hatred and that he was peacefully exercising his right to freedom of expression. Please write immediately in Arabic, English or your own language: Calling on the Kuwaiti authorities to release Musallam al-Barrak immediately and unconditionally and quash his conviction, as he has been jailed solely for legitimately exercising his right to freedom of expression; Urging them to uphold the right to freedom of expression and repeal laws that criminalize the peaceful exercise of the rights to freedom of expression, association and assembly. PLEASE SEND APPEALS BEFORE 27 JULY 2015 TO: Amir of the State of Kuwait His Highness Sheikh Sabah al-Ahmad alJaber Al Sabah Al Diwan Al Amiri, P.O. Box: 1, al-Safat 13001, Kuwait Fax: 011 965 2243 0559 Email: amirsoffice@da.gov.kw Salutation: Your Highness First Deputy Prime Minister and Minister of the Interior His Excellency Sheikh Mohammed Khaled Al-Hamad Al-Sabah Ministry of the Interior P.O. Box 12500, Shamiya 71655 Kuwait Fax: 011 965 2249 6570 E-mail: info@moi.gov.kw Salutation: Your Excellency And copies to: Chairperson Parliamentary Human Rights Committee National Assembly P.O. Box 716, al-Safat 13008, Kuwait Fax: 011 965 2243 6331 Email: ipu-grp@kna.kw (In subject line: FAO Chairperson of the Parliamentary Human Rights Committee Also send copies to: H.E. Ambassador Sheikh Salem Abdullah Al-Jaber Al-Sabah, Embassy of the State of Kuwait 2940 Tilden St.NW., Washington DC 20008 Fax: 1 202 364 2868 I Phone: 1 202 966 0702 I Email: consulate@kuwaitembassy.us Please let us know if you took action so that we can track our impact! EITHER send a short email to uan@aiusa.org with UA 134/15 in the subject line, and include in the body of the email the number of letters and/or emails you sent, OR fill out this short online form to let us know how you took action. Thank you for taking action! Please check with the AIUSA Urgent Action Office if taking action after the appeals date. URGENT ACTION EX-MP ARRESTED FOR CRITICAL SPEECH ADDITIONAL INFORMATION Since 2011 the Kuwaiti authorities have increased restrictions on freedom of expression and assembly and imprisoned critics who express dissent. Musallam al-Barrak, a member of parliament from 1996 until 2012, has been an outspoken critic of the government over many years during which he has accused the authorities, including the judiciary, of a lack of public transparency and criticized government policies. He has been prosecuted many times for his speeches - in April 2014 alone, when interviewed by Amnesty International, he was facing prosecution in 94 separate criminal cases, based mostly on his exercise of his right to freedom of expression. Despite his acquittal in some cases, the number of charges and prosecutions instituted against him by the Kuwaiti authorities appears to be politically motivated, aimed at intimidating, harassing and deterring him from continuing to criticize the government and express dissent. Musallam al-Barrak was arrested on 29 October 2012. He was deemed to have “insulted” and "undermined the status of the Amir". The authorities released him on bail four days later, amid nationwide protests. A lower Criminal Court handed down a five-year prison sentence on 15 April 2013, in connection with his speech. He was free on bail pending his appeal. On 17 April 2013, a solidarity rally was held at his family home. Some 67 people recited the speech before those assembled and were dispersed. The 67 were later prosecuted. An appeal court reduced Musallam al-Barrak’s sentence on 22 February 2015 to two years. He handed himself over to the authorities on 1 March and was released on bail on 20 April pending the Cassation Court’s verdict. Kuwait is a state party to key international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These covenants include the rights to freedom of expression, including “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice,” set out in ICCPR Article 19; and freedom of assembly and freedom of association, set out respectively in Articles 21 and 22 of the ICCPR. Name: Musallam al-Barrak (m) Issues: Prisoner of conscience, Freedom of expression, Legal concern UA: 134/15 Issue Date: 15 June 2015 Country: Kuwait UA Network Office AIUSA │600 Pennsylvania Ave SE, Washington DC 20003 T. 202.509.8193 │ F. 202.675.8566 │E. uan@aiusa.org │ amnestyusa.org/urgent