June 10, 2012

His Highness Sheikh Jaber Mubarak Al-Hamad Al-Sabah

Diwan of His Highness The Prime Minister
P.O.Box: 2 GPO – 15015 State of Kuwait

E-Mail:  contact@pm.gov.kw

Re: Kuwait: Hamad al-Naqi sentenced 10 Years for Criticizing Neighboring Rulers

Dear Prime Minister of Kuwait,

I am William Nicholas Gomes, Human Rights Ambassador for Salem News.com.

I am writing to voice my deep concern regarding Hamad al-Naqi, 26, who was sentenced 10-year prison for criticizing the kings of Saudi Arabia and Bahrain and allegedly “insulting” the Prophet Mohammed on the social media site Twitter.

Kuwait’s Court of First Instance sentenced Hamad al-Naqi, 26, on June 5.

Al-Naqi’s lawyer, Khaled al-Shatti, told Human Rights Watch that the court convicted al-Naqi for tweets criticizing the neighboring rulers on the basis of article 15 of the National Security Law, which sets a minimum three-year sentence for “intentionally broadcasting news, statements, or false or malicious rumors … that harm the national interests of the state.” The court also convicted al-Naqi for a tweet allegedly insulting the Prophet Mohammed and his wife Aisha under article 111 of the Penal Code, which prohibits mocking religion and carries a maximum one-year sentence.

According to Human Rights watch, Al-Naqi pleaded not guilty to all the charges, contending that someone had hacked his Twitter account and impersonated him. His lawyer told Human Rights Watch that he would appeal his client’s conviction. Prison authorities have held al-Naqi in solitary confinement since another inmate attacked him on April 19, saying that this measure was necessary for his protection.

I want to remind you that Kuwait is a party to the International Covenant on Civil and Political Rights, and is therefore required to protect the rights of everyone to freedom of opinion and expression.

I want to urge you immediately drop all charges against Hamad al-Naqi, or else, grant him the right to bail in accordance with fair trial standards under domestic and international law.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and calls on States to ensure that they can carry out their activities without fear of reprisals.

I would like to draw attention to Article 6: “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, and to Article 12: “(1) Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. (2) The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
I look forward to your swift and adequate intervention on this case.

Yours sincerely,

William Nicholas Gomes

Human Rights Ambassador for Salem News.com

Salem-News.com
P.O. Box 5238
Salem, Oregon 97304

www.williamgomes.org