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Kuwait: Shi'a men allege torture, risk unfair trial

, Index number: MDE 17/2453/2015

Kuwaiti brothers Mohammad and Abdullah al-Hussaini and at least 20 other men, on trial since 15 September, have told a court they were tortured to make them ‘confess’. They have been charged with ‘spying for Iran and Hezbollah’ and preparing to attack the state.

UA: 199/15 Index: MDE 17/2453/2015 Kuwait Date: 17 September 2015
URGENT ACTION
SHI’A MEN ALLEGE TORTURE, RISK UNFAIR TRIAL
Kuwaiti brothers Mohammad and Abdullah al-Hussaini and at least 20 other men, on trial
since 15 September, have told a court they were tortured to make them ‘confess’. They
have been charged with spying for Iran and Hezbollah and preparing to attack the state.
Mohammad al-Hussaini, 35, a Shi’a imam, was arrested on 13 August in a raid by State Security forces on his
family’s home in West Mishref, in Hawalli Governorate. His brother Abdullah al-Hussaini, 29, was arrested there
on 16 August. The other men were arrested in similar circumstances. The security forces showed no arrest
warrants and gave no reason for arresting the men. They removed computers, mobile phones and other electronic
devices. No lawyers were allowed to attend the men’s interrogations. Relatives and their lawyers were only able to
visit the men in prison after the Prosecution referred the case to a Criminal Court on 1 September. During these
visits, the men told the families and lawyers that they had been tortured. They said this had included being beaten,
hung up by one or both arms, or by one or both legs, and given electric shocks. Many detainees said that the
interrogators also threatened to bring in the men’s female family members and harm them unless they confessed.
Some also said they had been forced to read prepared confessions on camera. None of the men was allowed a
medical examination. They are now in solitary confinement in Block 3 of Kuwait’s central prison.
The Kuwaiti authorities seized a cache of arms, ammunitions and explosives on 13 August, on a farm in Abdali,
near the border with Iraq. In connection with this the Prosecution charged 26 people on 1 September, one of them
an Iranian national and three of them in their absence, and referred them to the Criminal Court. The trial of the
Abdali Cell began on 15 September on charges including "spying for Iran and Hezbollah to carry out aggressive
acts against the State of Kuwait" by smuggling in and assembling explosives, as well as firearms and ammunition.
All defendants denied the charges. The court ordered an independent medical committee to examine them for
marks of torture and for them to be allowed telephone contact with their lawyers from prison. The next trial session
has been set for 29 September.
Please write immediately in Arabic, English or your own language:
Calling on the Kuwaiti authorities to ensure that Mohammad and Abdullah al-Hussaini, and the others charged
with them, are protected from torture and other ill-treatment, order an impartial and independent investigation into
their allegations of torture and bring those responsible to justice;
Urging them to provide the men with regular access to their families and lawyers; and any medical attention
they may require;
Acknowledging that governments have a responsibility to bring to justice those suspected of criminal offences,
but stressing that trials should be conducted in proceedings that meet international standards of fair trial.
PLEASE SEND APPEALS BEFORE 29 OCTOBER 2015 TO:
Amir of the State of Kuwait
His Highness Sheikh Sabah al-Ahmad
al-Jaber Al Sabah
Al Diwan Al Amiri, P.O. Box: 1,
al-Safat 13001, Kuwait
Fax: +965 2243 0559
Email: amirsoffice@da.gov.kw
Salutation: Your Highness
First Deputy Prime Minister
His Excellency Sheikh Mohammed
Khaled Al-Hamad Al-Sabah
Ministry of the Interior
P.O. Box 12500, Shamiya 71655
Kuwait
Fax: +965 2249 6570
E-mail: info@moi.gov.kw
Salutation: Your Excellency
And copies to:
Chairperson
Parliamentary Human Rights Committee
National Assembly
P.O. Box 716, al-Safat 13008, Kuwait
Fax: +965 2243 6331
Email: ipu-grp@kna.kw (In subject line:
FAO Chairperson of the Parliamentary
Human Rights Committee)
Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:
Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation
Please check with your section office if sending appeals after the above date.
URGENT ACTION
SHI’A MEN ALLEGE TORTURE, RISK UNFAIR TRIAL
ADDITIONAL INFORMATION
Mohammad al-Hussaini is an imam in al-Hussain Mosque and a religious teacher. He is married and has three children. His
brother Abdullah, a father of two, travelled about four years ago to Jordan to study Physical Education to become a teacher, but
had to stop when he injured his hand in an accident and returned to Kuwait.
Mohammad al-Hussaini said to his family that he had been tortured in detention and his family and religion insulted, his black
turban (which signals that he is descended from the Prophet’s bloodline) was removed and urinated on and he was forced to put
it back on. He told family members that during his interrogation, his brother Abdullah al-Hussaini was tortured in front of him,
interrogators kicking and stepping on his back. As a result, Abdullah suffered severe back pain and urinary problems. He was
denied access to the prison doctor. Their family visited them and saw that Abdullah could not stand up.
During the first trial session on 15 September, the defendants in what has become known as the Abdali Cell case said that
they had been tortured to make them confess, and that they still bore marks of torture on parts of their bodies. One of them said
that during his interrogation he had been forced to remove his clothes. Another said he had been raped with a baton. They all
denied the charges against them.
Names: Mohammad al-Hussaini, Abdullah al-Hussaini and 20 others
Gender m/f: m
UA: 199/15 Index: MDE 17/2453/2015 Issue Date: 17 September 2015

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