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Justice not served

I would like to request the government of Kuwait (through Ministry of Justice) to solve a problem to which I am failing to find a solution.

Someone borrowed approximately KD 3,000 but he failed to return the money. I filed a case in court in February 2013 and his name was put on the travel ban list.

A Kuwait court also issued an arrest warrant for him but until now (since one year) he has not been arrested.

Now I am planning to leave Kuwait forever but if I do so how will I be able to receive my money from that man?

Maybe he will not leave Kuwait for 10 years and will also be not arrested in any normal checking.

I request the Ministry of Justice/Kuwait that if any person is involved in any such cases his residence must not be stamped so that he is forced to surrender himself.

As the situation stands, he is happy and earning money to send back to his home country.

Is there anything that can be done to end my misery and if so, what do I have to do? I really don’t know when this man will be arrested and if I will ever be able to receive my money.

Name withheld
Answer
: The best thing you can do is contact the Criminal Sentences Execution Department if a verdict has been passed by a Kuwait court in your favor or the court has issued a sentence against the person whom you took to court.

This department is part of the Kuwait Interior Ministry. Located in Farwaniya area, the department undertakes the responsibility of the execution of all kind of sentences that come from different state courts; sentences like (felonies, misdemeanors, commercials, municipality, private sector, juveniles).

Afterwards, the department notes to all its offices allocated in the five governorates to apprehend those accused and convicted of various sentences and sends them to prison.

Some of the services offered to the public by the Criminal Sentences Execution Department are:

1. Issuing “to whom it may concern” certificates for citizens and expatriates after their release and submit the same to different authorities.

2. Paying off financial bails and taking the necessary pledges of those convicted on their absence.

3. All computers in the department are linked to immigration, traffic, and sentences execution systems located in the immigration departments of all the six governorates.

The linked systems facilitates the citizens and expatriates to ease their transactions and procedures in different immigration departments when paying the required fines for their executed sentences and not to face any ban from traveling when exiting the country.

So you need to contact this department to know about the status of your case. If a verdict has been passed by a court or an arrest warrant has been issued by a prosecutor then it is this department which ensures the implementation of this decision.

Secondly, if there is a court decision or arrest warrant out for any individual, that person will not be able to carry out any transaction at any government – immigration, traffic or any other.

Thirdly, this information is put on the Interior Ministry computers and if he is stopped at any check post he will be arrested. He will be able to evade the law for some time but not always. He can’t continue to live illegally in Kuwait forever. So, go to the Criminal Sentences Execution Department and check the status of your case.

Moreover, if you have any information on the whereabouts of this individual you should pass it to the officials of this department. If you are planning to leave Kuwait, you should give a “power of attorney” to someone close to you so that he can pursue the case or receive money on your behalf.

You can also send us your legal queries through facebook messages( http://www.facebook.com/arabtimeskuwait )

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