'Discrimination' resolves cases of insult and spreading false news by imprisoning former MPs
- Three years for Al-Sayer, Al-Barak, and Al-Namlan… Two years for Al-Mulla and one year for Al-Dahoum
- 14 defendants convicted in the “Biometric” case, with sentencing withheld for some of them
The First Chamber of the Criminal Court of Cassation, presided over by Advisor Sultan Al-Bursali, issued final rulings in several cases concerning appeals against the rights and authorities of His Highness the Amir, and the dissemination of false news likely to harm the country’s interests and internal stability. The rulings also addressed the “Biometric” case, which involved a number of former MPs and others.
The court handed down prison sentences to several former MPs, including Mubarak Al-Sayer, Saleh Al-Mulla, and Badr Al-Dahoum. It also annulled acquittal verdicts previously issued in the “Biometric” case against 14 defendants, convicting them instead, while withholding sentencing for some of them. Meanwhile, Muslim Al-Barak and Salem Al-Namlan were each sentenced to three years in prison as recidivists.
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The court also issued a ruling in another case sentencing citizen Ahmed Al-Shalimi to three years in prison with hard labor and execution.
Three years for Al-Sayer and two years for Al-Mulla
The court annulled the Court of Appeal’s decision to suspend the execution of the sentence against former MP Mubarak Talal Al-Sayer, and ordered his reconviction and imprisonment for three years on charges related to undermining the rights of His Highness the Amir, interfering with his authorities, and broadcasting biased news detrimental to the country’s interests and internal stability.
It also annulled the appeal court’s decision to suspend the sentence against former MP Saleh Mohammed Al-Mulla, ordering his reconviction and imprisonment for two years on charges of undermining the authorities and rights of His Highness the Amir.
“Biometric” case: Acquittals annulled, 14 defendants convicted
In the “Biometric” case, the Court of Cassation annulled acquittal verdicts issued against 14 defendants, including former MPs, and ordered their reconviction on charges of broadcasting news.
The court decided to withhold sentencing for some defendants, in accordance with Article 11 of the Penal Code, after finding that the circumstances of the case and the defendants’ ages suggested they would not reoffend. They were ordered to provide a financial guarantee of 1,000 dinars.
The list of defendants included Adel Al-Dumai, Mohammed Muassir Al-Dosari, Osama Al-Zaid, Shaib Ali Shaaban, Mohammed Abbas Jawhar Hayat, Madi Al-Hajeri, Falah Al-Hajeri, Hamad Al-Madlaj, Ali Radan Al-Otaibi, Mohammed Haif, Saud Al-Hajeri, Khalid Maunes Al-Otaibi, Nasser Mohammed Al-Mutairi, and Nami Harab Mohammed Awad Obaid.
Three years for Al-Barak and Al-Namlan as recidivists
The court also annulled the acquittal verdict issued against Salem Al-Namlan, ordering his reconviction and imprisonment for three years as a recidivist, on charges of broadcasting biased news detrimental to the country’s internal stability.
It similarly annulled the acquittal verdict issued against Muslim Al-Barak, ordering his reconviction and imprisonment for three years as a recidivist, on charges of spreading biased news harmful to the country’s interests.
According to the draft of the judgment’s reasoning and operative part, the court ordered the confiscation of seized devices and the deletion and destruction of the tweets at the center of the case, applying Article 84/1 of the Penal Code regarding association.
Court: Publications exceeded the bounds of permissible criticism
In the reasoning of its judgment, which Al-Siyasa obtained a copy of, the court stated that after thoroughly examining the facts and evidence of the case “with clarity and insight,” it was satisfied with the reliability of the proof, noting the soundness of the evidence, its freedom from flaws, and its corroborative and sufficient nature in substantiating the charges and proving the defendants’ guilt.
The court clarified that the defendants, being Kuwaiti citizens, published news and false, biased rumors regarding the internal situation in the country through their personal accounts on the social media platform “X.” They were aware that the platform is global and accessible to anyone, both within and outside Kuwait, and intended to inform others of what they had posted.
It added that the published content included accusations contrary to the truth against relevant agencies within the Ministry of Interior, including allegations that they violated constitutional provisions and prevented a Kuwaiti citizen from returning to Kuwait. According to the court’s findings, such actions undermine the state’s prestige, reputation, and standing abroad, and harm national interests.
The court emphasized that the published posts described a false reality within the country concerning the prevention of citizens from returning to Kuwait. It noted that the posts were not isolated from the circumstances surrounding the incident and the campaign that surrounded it.
"Criminal Intent" Is Not Shielded by Permissible Criticism
The court addressed the issue of criminal intent in its reasoning, explaining that justice, while examining the elements of criminal intent as a pillar of the crime, investigates whether the acts aimed at spreading news likely to propagate rumors, incite chaos, destabilize order, obstruct security procedures and duties, or disrupt national interests.
It stressed that establishing criminal intent for the offense stipulated in Article 15 of Law No. 31 of 1971 leaves no room for relying on permissible criticism. Permissible criticism consists merely of expressing an opinion on a matter or action without disseminating false or biased news or statements regarding the country’s internal situation.
It added that “if this limit is exceeded—as in the present case—punishment is warranted.”
Court: Defendants Committed Both Offenses
The court concluded that its established jurisprudence holds that the defendants committed both offenses in the manner and description outlined in the indictment report, warranting their conviction according to the provisions of the charges.
However, regarding sentencing for some defendants, the court considered the circumstances of the case and the defendants’ ages, leading to the belief that they would not reoffend. Consequently, it decided to refrain from imposing punishment on them for the charges against them, in accordance with Article 11 of the Penal Code.
As for defendants Salem Namlan Al-Azmi and Musallam Al-Barak, the court established that they were recidivists, having previously been sentenced by a final and binding judgment on July 8, 2018, to a felony penalty in Case No. 946 of 2011, registered under No. 383 of 2011 at the Capital Public Prosecution and the Criminal Investigations Department.
Accordingly, the court sentenced them to imprisonment, applied Article 84/1 of the Penal Code regarding recidivism, confiscated the seized devices, and ordered the deletion and destruction of the tweets central to the case.
One Year for Al-Dahoum with Hard Labor and Enforcement
In another case, the Court of Cassation sentenced former MP Bader Al-Dahoum to one year of imprisonment with hard labor and immediate enforcement for insulting judges of the Constitutional Court during an election seminar.
Previously, the Criminal Court had sentenced Al-Dahoum to one year of imprisonment suspended pending appeal, with bail set at 5,000 dinars, and ordered the deletion of his personal account on the “X” platform.
Three Years for Al-Salimi for Breaching Undertaking
In yet another case, the Court of Cassation annulled the ruling dismissing punishment for defendant Ahmed Al-Salimi due to his breach of undertaking, and re-sentenced him to three years in prison for spreading false news and harming the country’s internal situation.
The Criminal Court had previously ordered the release of tweeter Ahmed Al-Salimi on bail of 500 dinars, after charging him with spreading false news and leaking Cabinet decisions via his accounts, as well as broadcasting government news without obtaining the required license.
Key Rulings
* Muneer Al-Sayer: Three years’ imprisonment, following the revocation of the stay of execution of the sentence.
* Saleh Al-Mulla: Two years’ imprisonment, following the revocation of the stay of execution of the sentence.
* Muslim Al-Barak: Three years’ imprisonment, as a repeat offender.
* Salem Al-Namlan: Three years’ imprisonment, as a repeat offender.
* Badr Al-Dahoum: One year’s imprisonment with labor and execution.
* Ahmed Al-Salimi: Three years’ imprisonment, following the revocation of the exemption from punishment due to breach of undertaking.
* “Biometric” case: Acquittal rulings against 14 defendants were overturned; they were convicted, with some receiving exemptions from sentencing and required to provide a 1,000-dinar bail. Confiscation of seized devices and deletion and destruction of the tweets in question were also ordered.
