7 Benefits of Avoiding the Use of the Term "Drugs"

-1 Community contribution to eradicating the scourge

-2 Regulating media engagement with court rulings

-3 Entrenching justice and social responsibility

-4 Closing loopholes to prevent exploitation

-5 Preserving the deterrent effect of the law

-6 Affirming the principle that no one is above the law

-7 Safeguarding the privacy of the accused

As the national confrontation with the scourge of drugs continues, and security, legislative, and judicial efforts integrate to curb its spread and dry up its sources, the legal profession has joined the community’s contribution to the fight. This follows a circular issued by the Kuwait Bar Association, which urged its members to avoid republishing or highlighting rulings issued in drug and psychotropic substance cases in a manner that removes them from their judicial and legal context, thereby preventing messages that could have negative repercussions on society and on the outcomes of anti-drug efforts.

In this context, Al-Rai sought the opinions of several lawyers to clarify their stances on the circular. They conveyed a clear message that the right to defense remains an original and sacred right, without dispute. However, refraining from promoting or publishing rulings in drug cases falls within the framework of supporting national efforts to combat this scourge, confronting it socially as well as merely through security and judicial channels.

They noted that the circular regulates media interaction with court rulings, entrenches justice and social responsibility, blocks loopholes from being exploited, preserves the law’s deterrent effect, and affirms that there is never impunity.

Dr. Khaled Al-Suwaidan, Secretary-General of the Kuwait Bar Association, stated that confronting the drug scourge is a national responsibility where roles complement each other, and it cannot be reduced to security or judicial aspects alone.

He added that the 44 percent decline in drug cases reflects the fruit of an integrated system of modern legislation, the efforts undertaken by the Ministry of Interior, the role of the Public Prosecution, and the deterrent rulings issued by the judiciary. He emphasized that the legal profession is an integral part of this system; while lawyers fulfill their duty to defend rights and freedoms without diminution, they simultaneously bear professional and social responsibilities dictated by the profession’s status and mission.

Al-Suwaidan stressed that the Law Regulating the Legal Profession, along with the profession’s code of ethics, etiquette, and traditions, forms a system governing lawyers’ practice. He affirmed that being a lawyer is not merely about appearing in court or securing a favorable verdict for a client, but rather a message of justice and responsibility toward society. He noted that they take pride in every achievement their colleagues attain in courtrooms and uphold the right to defense as a fundamental pillar of justice, while simultaneously believing that lawyers, as partners in achieving justice, are also partners in protecting society.

He clarified that the association’s circular does not aim to restrict lawyers or diminish the value of the rulings they secure for their clients. He affirmed that lawyers’ achievements are appreciated and a source of pride, but certain cases, particularly drug cases, require greater responsibility when highlighted in the media.

Lawyer Jamana Bahbahani viewed the association’s circular as raising a highly significant issue, arguing it should not be reduced to a professional directive regulating lawyers’ conduct. Rather, it is an attempt to strike a balance between a lawyer’s national and social responsibilities and their inherent right to practice their profession and defend their clients.

She expressed her support for the circular’s objective, which is to limit the use of acquittal rulings in drug and psychotropic substance cases as a means for commercial advertising or personal promotion by lawyers.

Bahbahani emphasized that defending an accused person does not mean justifying the crime or downplaying its severity; rather, it constitutes the exercise of a fundamental role of the legal profession, which is to protect the human right to a fair trial, ensure the correct application of the law, and verify the integrity of procedures and evidence.

Lawyer Ala’a Al-Mukhayyal endorsed the Bar Association’s stance in its circular, arguing that the non-publication of judgments in drug-related cases is justified by serious considerations of public interest. She noted that the nature of such cases differs from many others, and that publishing the details and facts of these rulings could expose law enforcement tactics, methods of committing crimes, or certain defenses and loopholes that some individuals might attempt to exploit in the future.

She added that while judicial rulings hold scientific and legal value, the widespread circulation of drug case details, particularly through social media, could make them accessible to non-specialists and lead to their misuse outside their legal context.

Al-Mukhayyal stressed that while a lawyer is obligated to defend their client and ensure their right to a fair trial, this is entirely different from publishing the case and its details to the general public. She pointed out that she does not publish the judgments she obtains, as a lawyer’s responsibility does not end with the conclusion of the hearing; it extends to how they handle the information they access by virtue of their profession.

Lawyer Obaid Al-Anazi described the Bar Association’s decision as “correct,” particularly given the success of the state’s efforts in combating the scourge of drugs following the implementation of the new law. He noted that the media exposure of some acquittal rulings could mislead users or those involved into believing that evading punishment is possible, potentially encouraging some to enter or continue in this field.

He added that publishing details of certain cases could also reveal the secrets and privacy of those involved, thereby harming them and their families, who may have been afflicted by one of their sons or daughters.

Lawyer Faisal Al-Ghuraybah commended the state’s efforts to combat the scourge of drugs and psychoactive substances and to dry up their sources, expressing support for the Bar Association’s circular advising against the publication or promotion of judgments issued in some of these cases.

He emphasized that highlighting such rulings could create the impression among some that committing drug offenses does not necessarily lead to deterrent penalties, stressing the importance of preserving the deterrent effect of the law and the national efforts undertaken in this regard.