Detention of Abdulhakim Al-Fadhli
Human Rights Defender Abdulhakim Al-Fadli was released from the Central Prison in Kuwait on Tuesday, 1 August 2017 after having served a one year sentence in relation to non-violent protests. The HRD was required to sign a declaration stating that he would not participate in any demonstrations as a condition of his release, which included the freezing of an additional prison sentence, and the freezing of an order for his deportation.
Abdulhakim Al Fadhli is a member of the Bedoun community in Kuwait. The term Bedoun, 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.
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- 14 August 2017 : Abdulhakim Al-Fadhli Released
- 21 October 2016 : Abdulhakim Al-Fadhli on Hunger Strike in Protest of Arbitrary Detention
- 18 May 2016 : One year prison sentence and deportation order against Abdulhakim Al Fadhli upheld
- 21 April 2016 : Arrest of human rights defender Abdulhakim Al Fadhli
- 2 February 2015 : Intensifying targeting of human rights defenders
- 5 September 2014 : Six months' prison sentence handed down to Mr Abdulhakim Al Fadhli
- 7 August 2014 : Human rights defender Abdulhakim Al Fadhli released on bail and trial date postponed for a third time
- 29 July 2014 : Extended detention of human rights defender Abdulhakim Al Fadhli
- 9 July 2014 : Human rights defender Mr Abdulhakim Al Fadhli detained
Human Rights Defender Abdulhakim Al-Fadhli was released from the Central Prison in Kuwait on Tuesday, 1 August 2017 after having served a one year sentence in relation to non-violent protests. The HRD was required to sign a declaration stating that he would not participate in any demonstrations as a condition of his release, which included the freezing of an additional prison sentence, and the freezing of an order for his deportation.
On 19 October 2016, Abdulhakim Al-Fadhli began a hunger strike refusing to consume both food and water in protest of the conditions of his detention in Anbar 4 maximum security prison facility in Kuwait. Abdulhakim Al-Fadhli turned himself in to the Kuwaiti authority at the Kuwait Central Prison facility on 27 September to serve a one-year prison sentence and was held there for 23 days. He described the conditions in the detention facility as unsanitary and filled with disease causing him to develop a fever. Abdulhakim Al-Fadhli was transferred to the Anbar 4 prison facility on 19 October 2016, where he was placed in isolation from other prisoners at the facility without being allowed to leave his cell.
Download the Urgent Appeal (PDF)
On 18 October 2016, the Appeals Court in Kuwait confirmed a three-month prison sentence with labour against human rights defender Abdulhakim Al-Fadhli. The Criminal Court in Kuwait delivered the sentence against the human rights defender on 16 March 2016 on charges related to his involvement in organising a demonstration calling for the rights of the Bedoun community. Additionally, in a separate case, the Misdemeanor Appellate Court rejected on 20 September 2016 a request by Abdulhakim Al-Fadhli to overturn a one-year sentence, including penal labour and deportation upon completion, that had been previously issued in January 2015 and upheld in November 2015 by the Appeals Court in Kuwait. The Misdemeanour Appellate Court examined this case after the Appeals Court decided in June 2016 to convert the charges from a felony to a misdemeanour and suspended the sentence. However, the human rights defender was released on 2 August after he served a three-month sentence for 'misusing his phone to organise and call for demonstrations'.
Front Line Defenders is gravely concerned by the continued targeting of Abdulhakim Al-Fadhli by the Kuwaiti authorities and condemns the recent court sentences upheld against him, as they are solely related to his peaceful and legitimate work on the promotion and protection of the rights of stateless people in Kuwait. Front Line Defenders is also concerned with the conditions under which Abdulhakim Al-Fadhli is being held.
Front Line Defenders urges the authorities in Kuwait to:
1. Immediately and unconditionally release human rights defender Abdulhakim Al-Fadhli, and quash the sentence against him;
2. Ensure the adequate medical care of Abdulhakim Al-Fadhli during, and following his hunger strike;
3. Ensure that his treatment in detention fully adheres to the conditions set out in the 'Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;
4. Guarantee in all circumstances that all human rights defenders in Kuwait are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 16 May 2016, Kuwait's Court of Cassation upheld a one year prison sentence, including labour and deportation upon completion, against human rights defender Mr Abdulhakim Al Fadhli over charges including “calling for an illegal demonstration in order to breach security and assaulting police.” The human rights defender is currently being detained at Kuwait's Central Prison for taking part in demonstrations campaigning for the rights of stateless peoples.
On 18 April 2016, Abdulhakim Al Fadhli was arrested by Kuwaiti authorities while participating in a peaceful gathering in solidarity with imprisoned pro-democracy activist Musallam Al Barrak. He was transferred to Kuwait's Central Prison the following day.
Front Line Defenders strongly condemns the sentencing of Abdulhakim Al Fadhli, as it is solely related to his peaceful and legitimate work for the promotion and protection of stateless rights in Kuwait.
On 18 April 2016, prominent Kuwaiti human rights defender Mr Abdulhakim Al Fadhli was arrested by Kuwaiti authorities while participating in a peaceful gathering, in solidarity with imprisoned pro-democracy activist Musallam Al Barrak. Mr Al Fadhli is currently being detained at Kuwait's Central Prison, and began a hunger strike on the same day of his arrest. This follows the human rights defender's previous sentencing and order to serve one year's imprisonment for “inciting Bedouns in Kuwait to protest and cause chaos”.
Abdulhakim Al Fadhli is a high-profile human rights defender and a member of the Bedoun community in Kuwait. The term Bedoun, 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, and are systematically denied access to equal educational opportunities, adequate health care, and many other social services. Abdulhakim Al Fadhli has been advocating for Bedoun and minority rights in Kuwait through social media and numerous peaceful demonstrations.
On 18 April 2016, Abdulhakim Al Fadhli joined a peaceful gathering to demand the release of Kuwaiti activist Musallam Al Barrak, a former member of the Kuwaiti National Assembly, who is currently imprisoned. Kuwaiti state security officers arrested Abdulhakim Al Fadhli during the gathering, which took place at Musallam Al Barrak's house. The following day, on 19 April 2016, the human rights defender was transferred from the police staion where he was being held to Kuwait's Central Prison, where he is currently being detained. Abdulhakim Al Fadhli later informed his family that he began a hunger strike while in detention.
In November 2015, the Appeals Court in Kuwait upheld the decision of the Criminal Court, issued in January 2015, which sentenced human rights defender Abdulhakim Al Fadhli to one year's imprisonment with hard labor, and deportation from the country upon completion of the sentence, on charges of “inciting Bedouns in Kuwait to protest and cause chaos”. He later challenged this decision before the Supreme Court, which is pending investigation.
Abdulhakim Al Fadhli has been repeatedly targeted by the Kuwaiti government for his advocacy on behalf of the Bedoun community. He was sentenced to six months' imprisonment by the Kuwaiti Misdemeanour Court in September 2014 on trumped-up charges for allegedly insulting a police officer. In January 2013, he was again arrested on trumped-up charges and sentenced to two years imprisonment for allegedly attacking a police man while carrying out his duties. He was later acquitted in March 2013 and released.
Front Line Defenders is gravely concerned at the pattern of intimidation and harassment against human rights defenders in Kuwait, in particular those active on the rights of the Bedoun community, which are solely targeted on account of their peaceful and legitimate human rights activities.
Front Line Defenders urges the authorities in Kuwait to:
- Immediately and unconditionally release human rights defender Mr Abdulhakim Al Fadhli, and quash the sentence against him;
- Ensure the adequate medical care of Mr Abdulhakim Al Fadhli during, and following his hunger strike;
- Guarantee in all circumstances that all human rights defenders in Kuwait are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
In September 2014, in a separate case, Abdulhakim Al Fadhli was sentenced to six months' imprisonment by the Misdemeanour Court for allegedly insulting a police officer. The defence team appealed the sentence and is currently waiting for the decision on the Appeal Court. If both convictions are confirmed on appeal, Abdulhakim Al Fadhli will spend a total of one year and six months in prison. For further information on his previous arrest and trial, see Abdulhakim Al Fadhli's page on Front Line Defenders' website.
In a separate case, on 28 January 2015, at 6 pm, state security officers arrested human rights defender Mr Mohamed Al Ajmi in front of his house. Mohamed Al Ajmi is a blogger and a member of the National Committee for Monitoring Violations (NCMV) which documents violations of freedom of expression in Kuwait. He also advocates for the rights of Bedoun.
His family was only informed about the arrest when state security officials phoned to ask family members to bring Mohamed Al Ajmi's medication to the State Security premises in South Surra area, where he is currently being detained. The arrest of Mohamed Al Ajmi appears to be in connection with messages posted by the human rights defender on his Twitter page about the deceased King Abdullah Bin Abdulaziz of Saudi Arabia. Reportedly, the Saudi Foreign Ministry brought a court case against him before the Kuwaiti judiciary.
Mohamed Al Ajmi has suffered harassment for his tweets on previous occasions. In August 2014 he was arrested inside the Criminal Investigation Department of Al-Salmiya district and detained on charges of “blasphemy”. He was interrogated over a tweet that he posted on 11 August 2014 criticising Kuwait for the practise of withdrawing nationality. On 2 September 2014, the Kuwaiti Misdemeanour Court ordered his release upon payment of a bail of 100 Kuwaiti Dinar (approx. US $350). The trial on this case has not been scheduled yet.
The sentencing of Abdulhakim Al Fadhli and the arrest of Mohamed Al Ajmi occurred at the same time the UN Human Rights Council examines the human rights situation in Kuwait under the Universal Periodic Review (UPR), scheduled for 28 January 2015. One day previously, on 27 January 2015, another Bedoun rights defender, Mr Nawaf Al Hendal was informed that an arrest warrant had been issued against him.
On 4 September 2014, human rights defender Mr Abdulhakim Al Fadhli was sentenced to six months' imprisonment by the Kuwaiti Misdemeanour Court for allegedly insulting a police officer.
Abdulhakim Al Fadhli was initially detained on 7 July 2014 in the office of the Criminal Investigation Department in Salmiyah. He was released on bail on 7 August 2014. The human rights defender was not able to see his family during his month in pre-trial detention.
The court rejected his lawyers' request to call witnesses in his hearing. Abdulhakim Al Fadhli is still free, but it is feared the sentence may be executed at any time.
On 7 August 2014, Mr Abdulhakim Al Fadhli was released on bail and his trial was again postponed until 4 September 2014 by the Kuwaiti Misdemeanour Court. On 16 July 2014, the public prosecution had extended the human rights defender's detention for ten days, and this was once more extended until 7 August 2014. Although Abdulhakim Al Fadhli has had access to a lawyer, he has been denied access to his family.
On 7 July 2014, Abdulhakim Al Fadhli was arrested while participating in a peaceful gathering in Sabah El Nasser to demand the release of protesters detained in the nearby Central Prison. On 8 July 2014, the public prosecution formalised charges of insulting a police officer against Abdulhakim Al Fadhli and ordered his detention. Front Line Defenders issued an Urgent Appeal on 9 July 2014 on his detention and an Update on 29 July 2014.
Abdulhakim Al Fadhli started a hunger strike on 10 July to protest his ill-treatment in detention. He had reportedly displayed signs of ill-treatment, including a wound on his right ear and the perforation of his right eardrum. He stopped his hunger strike upon his release on 7 August 2014.
In separate proceedings, Abdulhakim Al Fadhli is scheduled to appear in court on 7 October 2014 on charges of “inciting Bedouns in Kuwait to protest and cause chaos”.
On 24 July 2014, the trial of Mr Abdulhakim Al Fadhli was postponed to 7 August 2014 by the Kuwaiti Misdemeanour Court.
On 16 July 2014, the public prosecution had extended the human rights defender's detention for ten days, and this has once more been extended until 7 August 2014. Although Abdulhakim Al Fadhli has had access to a lawyer, he has been denied access to his family.
On 7 July 2014, Abdulhakim Al Fadhli was arrested while participating in a peaceful gathering in Sabah El Nasser to demand the release of protesters detained in the nearby Central Prison. On 8 July 2014, the public prosecution formalised charges of insulting a police officer against Abdulhakim Al Fadhli and ordered his detention.
Abdulhakim Al Fadhli remains on a hunger strike since 10 July 2014 as a protest against his ill-treatment in detention. He reportedly displayed signs of ill-treatment, including a wound on his right ear and the perforation of his right eardrum.
In separate proceedings, Abdulhakim Al Fadhli is scheduled to appear in court on 7 October 2014 on charges of “inciting Bedouns in Kuwait to protest and cause chaos”.
On the night of 7 July 2014, human rights defender Mr Abdulhakim Al Fadhli was detained in the office of the Criminal Investigation Department in Salmiyah.
Abdulhakim Al Fadhli was arrested while participating in a peaceful gathering in Sabah El Nasser to demand the release of protesters detained in the nearby Central Prison. Sources reported to Front Line Defenders that the human rights defender was charged with insulting security officers following a verbal altercation. However, Kuwaiti police stated that Abdulhakim Al Fadhli faces no charges and is being held solely for the purposes of verifying his identity. Bruising on the human rights defender's head suggest that he was beaten during his arrest.
Abdulhakim Al Fadhli has been detained on several occasions in connection to his work supporting the Bedoun community in Kuwait, the country's "stateless" population which is systematically denied access to education opportunities, adequate health care, and many social services. The human rights defender was released on 10 April 2014 after two months of detention, and on 13 May 2014, he appeared in court on charges of "inciting Bedouns in Kuwait to protest and cause chaos." The Criminal Court then postponed the trial to 24 June, which was once again postponed until 7 October 2014.
