KUWAIT CITY, Feb 5: The Criminal Court presided by Judge Faisal Al-Askari Tuesday sentenced former lawmakers — Falah Al-Sawagh, Khaled Al-Tahous and Bader Al-Dahoum to three years imprisonment with hard labor for criticizing HH the Amir.

The former parliamentarians were accused of offending HH the Amir during one of the seminars which was organized by the so-called opposition last October at the Diwaniya of former MP Salem Al-Namlan.
Though the lawmakers were not present when the verdict was read out, there was heavy security presence at the Justice Palace to prevent any untoward incidents considering what had happened last week during the trial of former MP Musallam Al-Barrak who is being tried for committing the same offence.

A reliable source said after the court issued its verdict the Interior Ministry issued an order to arrest the defendants and send them to prison.

The opposition members of the so-called majority group and activists from the youth groups such as the Nahaj group and organizers of the Nation’s Dignity rallies have expressed their objection to the verdict and have vowed to protect the Constitution and the freedom of expression regardless of any consequences.

Meanwhile, defense lawyer Khaled Al-Jawsari has reportedly appealed the verdict.

According to a legal source, the verdict comes into effect immediately and if an appeal is filed the accused MPs could be released or asked to serve their sentence depending on the results of the appeal.

The source added if the verdict takes effect and the appeal is rejected, the lawmakers cannot contest any parliamentary elections according to the Election Law which disqualifies a citizen from contesting or voting in parliamentary elections if he/she is convicted by a court of law.

This, the source stressed, will be the first time in the history of Kuwait that former MPs have been sent to jail for reasons the government and the Public Prosecutor consider a violation to Article 25 of the State Security law of 1970, which states ‘It is punishable by imprisonment for not more than five years anyone who publicly challenges the Amir and his authority, or criticizes or offends the State.

After the court verdict, the accused MPs said they did not commit any wrongdoing and that they will not apologize for what they said during the rally. They claim what they said was mere a political speech and did not either include challenging the rights of the Amir or offending the State.

Al-Tahous said, “The Authority should expect from us the toughest stance and things will not go unnoticed.”

Al-Sawagh said, “The verdict will not deter us, and we will say the same thing if an opportunity arises ... we did not commit any wrongdoing.”

Earlier, Tahous was quoted as saying “dialogue with the authority in the wake of encroaching upon the Constitution is absolutely unacceptable even if freedom of people comes at the expense of my freedom, then I welcome prison.”

Al-Sawagh also said he did not know the outcome of their trial Tuesday “but I advise you to safeguard Kuwait and bury the wounds till we accomplish reforms.”

On one occasion, Al-Dahoum said, “We will not apologize, we did not offend the Amir, rather, we directly addressed him in accordance with the Constitution.”

Opposition activists gathered and marched in protest Tuesday evening following the Criminal Court’s verdict.

Ex-MP Jamaan Al-Harbash said the opposition will announce the formation of a major oppositionist front at a rally on Wednesday.

The so-called Majority Bloc and its umbrella affiliations and youth organizations, gathered at the Diwaniya of Al-Sawwagh and spoke against the verdict in condemnation of what they believe is “political interference in the judicial system”. They assured that the oppositionist movement will continue with daily marches, that “the Kuwaiti youth will not yield or give up and are willing and ready”. They added that country is turning into a “police state”.

Al-Sawwagh said that his statements were not meant to be defamatory against the person of HH the Amir. “We are certain that influential people succeeded in pressuring the authority and all the society’s institutions to make accusations against the youth movement. But the country will not end with (our) sentencing and my message to the people is that if we did not sacrifice for our country then the influential will take it over”.

“Prison will not intimidate us and our heads are held high and our dignity is preserved and we will march and will not allow anyone to assault us,” added ex-MP Musallam Al-Barrak who is also facing court for the same state security charges. He called on all opposition forces to unite and under an opposition coalition.

Along with oppositionist ex-MPs, Al-Awazem Tribe leader, Falah Bin Game’, was present and condemned Tuesday’s court verdict, “the politicization of the judiciary and the attack against the sons of tribes.”

Supporters marched from Al-Sawwagh’s Diwaniya in the area of Fintas to Al-Tahous Diwaniya in the Aqeela area without interference from security forces. They chanted “the people want to reform the regime”, “we will not be scarred”, called on the convicted ex-MPs to “raise their heads”. A few held orange flags and a banner depicting Al-Sawwagh.

Al-Barrak called on labor unions, human rights and political activists and civil society institutions to attend a rally in solidarity with the convicted Wednesday evening at his Diwaniya in the area of Andalus.
Al-Tahous added that the verdict was political because “we who protect public funds are sent to prison while those who are corrupt and embezzle public funds are left to roam freely”.

Agencies add:
“The verdict against Khaled al-Tahus, Falah al-Sawwagh and Bader al-Dahum is three years each with immediate effect,” lawyer Mohammad al-Jumia wrote on his Twitter account.
The ruling means that the three former MPs must go to prison immediately without even waiting for their appeal to be heard.
The former lawmakers were charged of undermining the status of the Amir during an address at a public gathering on Oct 10 in which they had warned that any amendment to the electoral law could lead to street protests.
“This is a political ruling,” former MP and opposition leader Mussallam al-Barrak, who is facing similar charges, said after Tuesday’s verdict was issued.
“They have breached the constitution and played with the election system ... now they want to terrorise us ... we will not surrender and will not be scared,” Barrak told opposition supporters at the house of Tahus.
Former Islamist opposition MP Khaled al-Sultan warned that “politicising the judiciary” could trigger violent reactions and held the government responsible for the consequences.
The information ministry said Kuwait has a “transparent and independent judicial system”.
“All citizens, regardless of their position, are equal in the eyes of the law. Anyone accused of a crime in Kuwait will get a fair trial with a comprehensive legal defence and open appeals process,” said the ministry.
Kuwait has seen many opposition-led demonstrations in protest against the amendment to the electoral law which they claimed allowed the government to influence election results and elect a rubber-stamp assembly.
The Kuwaiti opposition even boycotted the December 1 general polls in protest against the amended law.
Mohammad al-Humaidi, director of Kuwait Society for Human Rights, confirmed Tuesday’s verdict and said what the defendants spoke at the gathering was “more of an advice rather than a criticism.”
“There is no clause in the Kuwaiti constitution that bars people from addressing the Amir directly and advising him,” Humaidi told AFP.
Under Kuwait’s constitution, it is illegal to criticise the Amir.

Also:
KUWAIT CITY: Kuwait’s supreme court has confirmed a 10-year jail term for an activist convicted of using Twitter to insult the Amir and call for the overthrow of the regime, a report said on Tuesday.
Al-Jarida newspaper said the verdict against Orance al-Rasheedi, who was also convicted of spreading false news about Kuwait to undermine the oil-rich country’s image, is final and cannot be challenged.
Rasheedi was accused of using the social networking sites Twitter and YouTube to publicly insult the Amir, Sheikh Sabah Al-Ahmad Al-Sabah, who is protected against criticism by Kuwait’s constitution.
The lower court meted out the sentence against Rasheedi in October 2011 and the court of appeals upheld it in May last year.
Kuwait has in the past few months intensified its clampdown on Internet activists who allegedly violate the country’s laws, especially since the opposition began staging demonstrations to protest amendments to the electoral law.
The courts have already jailed several activists and many others are awaiting trial.