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Case History: Nawaf Al-Hendal

Status: 
Acquitted
About the situation

On 23 March 2015, Kuwaiti security forces arrested human rights defender Mr Nawaf Al Hendal in Al-Erada square while he was monitoring peaceful protests. Reportedly, security forces beat the human rights defender during the arrest, which occurred in front of the National Assembly in Kuwait City, and confiscated his phone.

About Nawaf Al-Hendal

Nawaf Al-HendalNawaf Al Hendal advocates for human rights in Kuwait, in particular the rights of the Bedoon Community. The term Bedoon, meaning 'without' in Arabic, refers to the community of stateless persons, native to Kuwait, who are prohibited from obtaining any official state documents including, but not limited to birth, death or marriage certificates. They constitute approximately 180,000 of Kuwait's population. In December 2014, Al Hendal founded the Kuwait Watch Organisation for Human Rights, and currently serves as its director.

30 March 2015
Charges and travel ban issued against human rights defender Mr Nawaf Al Hendal

On 25 March 2015, the Kuwaiti Public Prosecutor imposed a travel ban on human rights defender Mr Nawaf Al Hendal and brought charges against him of “participating in an illegal protest”. The human rights defender was released on the same day after having been held in detention for two days.

If convicted, Nawaf Al Hendal faces a possible punishment of one year's imprisonment. The human rights defender had been detained on 23 March 2015, when Kuwaiti security forces arrested Nawaf Al Hendal with other 15 persons in Al-Erada square in front of the National Assembly in Kuwait City. The human rights defender had been monitoring peaceful protests calling for judicial reform and the release of political detainees.

26 March 2015
Arrest and detention of human rights defender Mr Nawaf Al Hendal

On 23 March 2015, Kuwaiti security forces arrested human rights defender Mr Nawaf Al Hendal in Al-Erada square while he was monitoring peaceful protests. Reportedly, security forces beat the human rights defender during the arrest, which occurred in front of the National Assembly in Kuwait City, and confiscated his phone.On 23 March, the human rights defender and at least 17 other men were taken to the Criminal Investigation Department building, where they are currently being held. At the time of arrest, Al Hendal was monitoring protects calling for a wide range of reforms: the abolition of the unfair practice of citizenship withdrawal, the protection of freedom of expression and assembly as guaranteed by the constitution, and the release of political activists and human rights defenders in detention.

It is believed that the most recent arrest of Al Hendal is linked to a recent speech that he delivered on 20 March 2015, during the 28th session of the United Nations Human Rights Council. The speech highlighted the ongoing crackdown against and judicial harassment of human rights defenders and Internet activists in Kuwait.

Previously, on 27 January 2015, Al Hendal was informed that an arrest warrant had reportedly been issued against him by the the State Security Apparatus at the Ministry of the Interior. Allegedly, the warrant relates to charges under article 4 of Act (31) 1970 of State Security Crimes. The accusations reportedly arise from tweets posted by the human rights defender on his Twitter page that were deemed to be “offensive” to the deceased King Abdullah Bin Abdulaziz of Saudi Arabia.

28 January 2015
Arrest warrant issued against human rights defender Mr Nawaf Al Hendal

On 27 January 2015, human rights defender Mr Nawaf Al Hendal was informed that an arrest warrant had reportedly been issued against him by the the State Security Apparatus at the Ministry of the Interior, allegedly for charges under article 4 of the Act (31) 1970 of State Security Crimes.

According to sources, the arrest warrant is in connection with tweets posted by the human rights defender on his Twitter page that were deemed to be “offensive” to the deceased King Abdullah Bin Abdulaziz of Saudi Arabia. Article 4 of the Act (31) 1970 of State Security Crimes states that: “Any person who (…) performs aggressive acts against foreign countries that would expose Kuwait to the risk of war, or threaten its political relation with other countries, shall be punished by imprisonment of not less than the interim term of three years. If such acts result in the occurrence of war or the severing of diplomatic relations, the penalty shall be life imprisonment.”

26 February 2014
Ongoing judicial harassment and detention of Bedoun human rights defenders

On 24 February 2014, human rights defender Mr Abdulhakim Al Fadhli was chased by state security cars and then taken to state security headquarters, where he remains in detention.

Earlier that day, human rights defenders Mr Nawaf Al Hendal and Ms Hadil Abo Qoreis were summonsed via news broadcasts to appear before state security investigations service. Abdulhakim Al Fadhli had also been unofficially informed of a summons against him.

All three human rights defenders actively advocate for the rights of members of the Bedoon community in Kuwait. The term Bedoon, meaning 'without' in Arabic, refers to the community of stateless persons, native to Kuwait, who are prohibited from obtaining any official state documents including, but not limited to birth, death or marriage certificates. They constitute approximately 180,000 of Kuwait's population.

On 24 February 2014, it is reported that state security cars, while chasing Abdulhakim Al Fadhli, intentionally collided several times with his vehicle before their drivers arrested the human rights defender and placed him in detention. Pictures of his car following the chase show signs of heavy collision and significant damage. The human rights defender has thus far not been granted access to legal counsel and there are now legitimate concerns for his safety and health.

The summonsing of Nawaf Al Hendal and Hadil Abo Qoreis, reportedly on charges of “inciting Bedoons in Kuwait to protest and invoke chaos”, comes in the context of recent demonstrations by the Bedoon community. The protests coincide with the commemorations of the anniversary of 2011 demonstrations, and were also instigated by the arrest of Bedoon activist Abdullah Atallah who was chased down by state security cars and arrested on 19 February 2014.

Abdulhakim Al Fadhli has been repeatedly targeted by the Kuwaiti government for his advocacy for the stateless community. In January 2013 he was arrested and sentenced to two years imprisonment for allegedly attacking a police man while carrying out his duties. He was acquitted in March 2013 and released. Front Line Defenders has issued a previous appeal on the targeting of Bedoon human rights defenders in Kuwait.