On Thursday, the Kuwaiti Criminal Court issued a ruling acquitting former Member of Parliament Hussein Al-Qalaf in a "State Security" case related to allegations of "criticizing the position of the Emir of Kuwait," "insulting the throne," and "questioning the rights and authorities of the Emir," based on a post he made on a social media platform. The Kuwaiti newspaper "Al-Siyasah" published details of the Criminal Court ruling presided over by Judge Dhuwaihi Al-Dhuwaihi, which stated that "what the defendant said amounted to criticism of the government concerning the Interior Ministry's procedures for organizing the activities of Hussainiyat during the month of Muharram, which is subject to interpretation, and did not exceed the protection outlined by the constitution and law." Therefore, the court found no evidence of insult or criticism directed at His Highness the Emir.
The court noted that the evidence was limited to the investigation officer's findings, which were based on the assumption that the intention was to refer to the Emir of Kuwait. This was deemed mere personal inference without solid evidence supporting it, which did not qualify as conclusive proof of the defendant's alleged intentions due to varying interpretations among people based on their backgrounds and cultures.
Conversely, the ruling referenced that the court "watched and listened to the recording submitted by the defendant's defense," which was a recent video clip in which the defendant stated that His Highness the Emir is a man of the phase and praised his actions and decisions, indicating his respect and esteem for the Emir.
The court emphasized that "criminal judgments must not be based on suspicions or probabilities but require conclusive evidence of committing the crime with both material and moral elements beyond any doubt." Accordingly, the court concluded that "the defendant did not intend to undermine the rights and authority of the Emir or to insult him or the throne, and the statements in question were merely criticism of the executive authority's actions due to measures taken by the Interior Ministry." Thus, the moral element of the alleged crime was deemed collapsed, necessitating the acquittal of the defendant.
Last Thursday, the Criminal Court had held the first session in Al-Qalaf's trial after the Public Prosecution ordered his detention on July 11 for 21 days and his referral to the central prison for investigation, following several days of detention that included ongoing interrogations. He was also detained by security agencies that investigated him prior to referring him to the Public Prosecution, which in turn later referred him to the Criminal Court.
During the first trial session, the Criminal Court confronted Hussein Al-Qalaf with the charges against him, which he fully denied, asserting that he did not intend to target the Emir of Kuwait in his recorded message "but rather aimed at the government," according to Kuwaiti media reports. Al-Qalaf's defense requested the court to release him on any guarantees it deemed appropriate, a request that was denied, with the court ruling to continue his detention until today’s judgment.
Former MP Hussein Al-Qalaf, who was elected to parliament in the 1996, 1999, 2003, 2008, and 2009 terms, as well as in the annulled February and December sessions of 2012, had published an audio recording criticizing the Interior Ministry's security measures concerning the organization of Hussainiyat this year, which he viewed as "an abuse of the law," noting that "the Hussaini rituals" do not harm anyone or contravene laws. He called for justice and equitable treatment of citizens, stating that his remarks were not directed at the Prime Minister or the Minister of Interior but addressed the entire system, as they accepted the Kuwaiti constitution, which establishes freedom of opinion and belief.
