The 1992 Constitution of Kuwait does not guarantee the right to life. According to Article 31, "No person shall be subjected to torture or to ignominious treatment."
Article 44 of the Constitution stipulates that:
Individuals have the right to meet without need for permission or prior notification; no member of the Security Force shall be allowed to attend their private meetings.
Public assemblies, processions and gatherings are permitted in accordance with the conditions and the stipulations defined by Law provided the objects and the means of the gathering be peaceful and not incompatible with morals.
Article 159 provides that: "In compliance with the Law the State alone shall establish the Armed Forces and the Public Security bodies." The use of force by the police or other law enforcement agencies is not specifically regulated by the Constitution.
|1966 Covenant on Civil and Political Rights (ICCPR)||State Party|
|ICCPR Optional Protocol 1||Not party|
|1984 Convention against Torture (CAT)||State Party|
|Competence of CAT Committee to receive individual complaints||No|
|CAT Optional Protocol 1||Not party|
|1998 Rome Statute of the International Criminal Court||Signatory|
|2004 Arab Charter of Human Rights||State Party|
Police Use of Force
The Kuwait Police (in Arabic: شرطة الكويت), an agency of the Ministry of Interior, has primary responsibility for law enforcement in Kuwait. The 1968 Police Act No. 23 is not believed to regulate police use of force. The 1960 Penal Code of Kuwait is also not publicly available in English.
There is no independent civilian police oversight body in Kuwait. The General Department of Monitoring and Inspection, part of the Ministry of the Interior, is authorised to examine complaints about unlawful police use of force.
Views and Concluding Observations of United Nations Treaty Bodies
In its 2016 Concluding Observations on Kuwait, the Human Rights Committee expressed its concern
about allegations of occasional cases of torture and inhuman or degrading treatment in detention by the police and security forces....
In its 2016 Concluding Observations on Kuwait, the Committee against Torture expressed its concern
at consistent reports of torture and ill-treatment, in particular during prolonged detention of persons by the police and security forces, in response to terrorist activities, as well as in relation to peaceful protests by human rights defenders and members of minorities.
The Committee called on Kuwait to: "Ensure that peaceful demonstrations are not repressed by unnecessary excessive use of force and even detention."
There is not yet an Arab regional human rights court with jurisdiction over Kuwait.