Lawmakers claim error in govt resolution
KUWAIT CITY, April 26: Many lawmakers and constitutional experts said the government committed a legal and constitutional error in Resolution No. 8 as per the statement issued by the Council of Ministers after its recent meeting, because the resolution included a provision mandating the ministries of Interior and Information to take the necessary measures against those proven to have violated the home quarantine and curfew directives, in addition to publishing the names of violators in daily newspapers and social media platforms as a form of punishment, reports AlSeyassah daily.
In a special statement to the daily, constitutional expert Dr Muhammad Al-Faili pointed out the punishment was imposed during the Ottoman era and it was known at the time as ‘defamation’.
Reservations over the last decision are not limited to being incompatible with the Constitution. The existing legal rule is that “the accused is innocent until proven guilty.” The decision is contrary to the recent statement of head of the government’s communication center and spokesperson for ministers Tariq Al-Muzaram; considering the government did not take the same measure for a more heinous crime like visa trading which has been stigmatized as human trafficking.
Al-Faili argued that the law on dealing with epidemics does not stipulate such punishment. He pointed out the penalty stated in the law is detaining the offender; hence, the abovementioned punishment is unconstitutional. He said defamation as punishment is found in some historical systems, specifically the Ottomans who used to call it “bellies”. This punishment is not stipulated in the Kuwaiti legislation, so we cannot accept it, he asserted.
During the Ottoman era, the violator was placed on the back of an animal and the bell rings at his head. They paraded him around the city until he is exposed to all the residents. This punishment is not stated in the Kuwaiti legislation, he narrated.
He emphasized: “We do not need to create or invent a punishment. First, this is not constitutionally possible, as there must be legislation defining it. Second, it is not useful to resort to this punishment. If I can put him in custody, why should I publish his name?!”
At the same time, the Cabinet’s decision provoked the ire of parliamentarians. MP Khaled AlOtaibi stressed the need to hold visa traders accountable for the damage they caused to Kuwait. The harm caused by visa traders became evident during this crisis. It is considered a slave trade, but the punishment should not be defamation through the publication of the names of violators,” he added.
MP Muhammad Haif suggested that the names of violators should be published, if necessary, after the conviction, not before. He explained the accused is innocent until proven guilty, indicating such principle should be applied on all cases so that no injustice happens to anyone without proof.