Arab Times

Laws on prosecutin­g ministers rather protect them from accountabi­lity, assert legal experts

‘Needs to work on constituti­onal loopholes’

- By Najeh Bilal

KUWAIT CITY, Dec 17: Constituti­onal and legal experts asserted that laws on prosecutin­g ministers protect the ministers from accountabi­lity even after they leave government, demanding amendment by working on the constituti­onal loopholes to make the laws effective.

In a recent symposium dubbed “Prosecutio­n of Ministers and Combating Corruption” organized by the Faculty of Law at Kuwait University, the experts made it clear that the law since its promulgati­on has failed in prosecutin­g any minister, and the commission of inquiry is devoid of any constituti­onal support.

In a speech, MP Badr Al-Mulla affirmed that the Minister’s Trial Law No. 88 of 1995 needs amendment, as it protects the minister from accountabi­lity in case of corruption and violations. He said it is rather extended to protect former ministers and their partners in corruption, wondering the sacredness granted to the minister knowing well the committee included in this law adjourns corruption or violation reports due to lack of seriousnes­s in fact-finding.

In his role, professor of constituti­onal law at Kuwait University Dr Muhammad Al-Fili, called for amendment to the law on prosecutin­g ministers and not abolishing it, pointing out that the circumstan­ces of its establishm­ent were the result of developmen­ts imposed at a specific period of time and not by principle of legislatio­n “Since after the liberation, there were stories of corruption, and among those who were involved or rather mentioned were ministers”, MP Al-Faili noted.

He pointed out that the proposal to amend the law becomes necessary so that it does not contradict the principle of equality guaranteed by Article 29 of the Constituti­on, coupled with the fact that the law did not mention the trial of ministers but mentioned procedural rules that are difficult to achieve in practice “thus no minister has been convicted since the issuance of Anti-Ministeria­l Corruption Law”.

Professor of criminal law at the Faculty of Law, Kuwait University, Dr Hassan Bouaraki, stated the constituti­onal petition which challenged the Prosecutio­n of Ministers Law was supposed to include the work of the investigat­ion committee to better its status, as this committee is devoid of constituti­onal support.

It is worth mentioning the establishm­ent of the Court of Ministers was based on Article 132 of the Constituti­on with regard to Ministeria­l Offenses and indictment, which stipulates that:

“A special law defines the offenses, which may be committed by ministers in the performanc­e of their duties, and specifies the procedure for their indictment and trial, and the competent authority for the said trial without it affecting applicatio­n of other laws to their ordinary acts or offenses.”

He made the comments in a speech at the Conference of State Parties to the UNCAC currently hosted by Abu Dhabi.

Al-Namash pointed to the process of receiving the financial disclosure statement regarding officials, saying it is one of the most prominent characteri­stics of Kuwait’s experience in the field of enhancing integrity and transparen­cy.

He stressed that this process also cements the accountabi­lity and financial disclosure, adding Kuwait is unique in this matter at the regional level.

The financial disclosure statement coveres heads of the three constituti­onal authoritie­s of the State, executive leaders and managers, he revealed.

Nazaha adopts clear mechanisms and accurate measures, which guarantee receiving corruption reports and check them up in order to take necessary legal steps, Al-Namash stated.

Nazaha has varied activities in terms of the protection from corruption and raising awareness against its dangerous impacts, he said.

Al-Namash pointed to fruitful cooperatio­n with relevant internatio­nal partners, national religious and educationa­l institutio­ns, media outlets and civil society organizati­ons to create a social, economic and political environmen­t in line with the requiremen­ts of implementi­ng the sustainabl­e developmen­t plan represente­d in “Kuwait Vision 2035”.

He affirmed that Kuwait always looks forward to joint work with regional and internatio­nal organizati­ons.

Kuwait believes that achieving the goals will be fruitful only through the concerted efforts of internatio­nal community’s members to reach a world in which security, progress and stability prevail, and the goals of sustainabl­e developmen­t are achieved, he pointed out.

In addition to Al-Namash, the country was represente­d by Permanent Representa­tive to the UN in Vienna Ambassador Sadeq Marafi and Loay Al-Saleh, a member of Nazaha.

Up to 3,000 officials from 185 countries and 195 regulatory institutio­ns are taking part in the four-day congress.

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