Kuwait sets tougher penalties for terror crimes

According to the law, a terrorist act is defined as any act or threat that causes death, detention, or injury to a person, or damage to public or private property, public facilities, land, sea, or air transportation, or cybersecurity, carried out as part of an individual or collective criminal project aimed at spreading terror among the people, endangering public safety and security, or compelling a public authority or a regional or international organization to act or refrain from acting. The law defines a terrorist organization as any group, body, organization, or entity, regardless of its legal or actual form, inside or outside the state, that aims to commit terrorist acts.

According to the law, a terrorist is any natural person who has committed, participated in, or attempted to commit a terrorist act. A person classified as a dangerous terrorist is someone for whom there are grounds to believe that their conduct constitutes a serious threat of committing a terrorist act. The law stipulates harsher penalties when crimes are committed within the framework of a terrorist act. It was decided to increase the penalties stipulated in other laws when a crime is associated with a terrorist act, raising the penalty of life imprisonment to the death penalty, and increasing a 15-year prison sentence to life imprisonment when the prescribed penalty for the crime is 15- year imprisonment.

The decree-law equates an attempted terrorist crime with a completed crime in terms of punishment, given the seriousness of such acts and the direct threat they pose to the security of the state and the safety of society. The legislation also includes provisions criminalizing a number of acts related to terrorist activities. Anyone who establishes, founds, organizes, or manages a terrorist organization is punishable by life imprisonment or a prison term of no less than ten years. A prison sentence of no less than seven years shall be imposed on anyone who, by any means, calls for joining a terrorist organization or participating in its activities while knowing its purpose.

A prison sentence of no less than five years shall be imposed on anyone who joins, attempts to join, or enlists in a terrorist organization with the intent of achieving its purpose. The law imposes severe penalties on anyone who trains or instructs individuals in the use of weapons or ammunition, or teaches them martial arts, with the intent of carrying out a terrorist act. Anyone who communicates with a terrorist organization, or with anyone acting on its behalf, with the intent of assisting it in any way in committing a terrorist act, shall face imprisonment ranging from 10 years to life

The death penalty applies if it results in loss of life. The decree-law also includes preventative measures to address terrorist threats before a crime occurs. It provides for the establishment of a permanent “Rehabilitation Center,” which addresses manifestations of extremism and deviant behavior and promotes positive reintegration into society through reform programs covering cognitive, psychological, social, behavioral, professional, and religious aspects. The law authorizes the Public Prosecution to summon any person deemed a terrorist threat to enroll in a rehabilitation program. If the individual refuses, the Public Prosecution may request the Criminal Court to subject them to the program, with the possibility of imposing additional preventative measures such as police surveillance, restricting access to certain locations, or prohibiting contact with specific individuals or entities. The law clarifies that these measures are not criminal penalties and that the person subject to them is not considered an accused or a criminal, but they are precautionary measures aimed at preventing crime.

The decree-law also established a permanent “National Counter-Terrorism Committee,” chaired by the Minister of Interior and including the ministers of Defense, Foreign Affairs, Social Affairs, Islamic Affairs, and Health, the Attorney General, a judge with the rank of advisor, the Governor of the Central Bank of Kuwait, and the Head of the Financial Intelligence Unit, along with any other members the Cabinet deems appropriate. The committee aims to coordinate efforts among relevant authorities, implement national and international obligations related to combating terrorism, develop a national strategy to combat terrorist threats, monitor its implementation, raise awareness of the dangers of terrorism, and strengthen the role of society in countering it.

The law also includes specific procedural provisions to ensure the effectiveness of criminal prosecution in terrorist crimes. It holds legal entities accountable if any of the crimes stipulated in the law are committed in their name or on their behalf, with fines ranging from ten thousand dinars to one million dinars, in addition to the possibility of dissolving the entity or temporarily or permanently closing its headquarters.

The law authorizes the use of a controlled delivery system, with the permission of the Public Prosecution, to facilitate the tracking of terrorist crimes and the identification of their perpetrators. It affirms that criminal cases involving terrorist crimes are not subject to any statute of limitations, and no time limits for prosecution or punishment apply. The law assigns the Public Prosecution, and no other entity, the authority to investigate, prosecute, and adjudicate these crimes, with the Criminal Court having jurisdiction over them. The relevant minister is required to issue the necessary decrees to implement the law’s provisions within six months of its effective date.

The Prime Minister and the relevant ministers are responsible for enforcing its provisions after publication in the official gazette, and the law becomes effective from the date of publication. The most prominent features of the draft law are as follows:

1. A national legal framework for combating terrorist crimes - Establishing a comprehensive legal framework to combat terrorism, fulfilling the requirements of the Financial Action Task Force (FATF) and the Convention for the Suppression of the Financing of Terrorism, and closing legislative gaps by providing precise definitions of terrorist acts, terrorists, and terrorist organizations.

2. Protecting the Interests of the state and its citizens abroad - Extending the law’s scope to include terrorist crimes committed outside Kuwait if they target its interests or citizens, including Kuwaiti embassies, aircraft, and ships.

3. Stricter penalties for terrorist acts - Doubling penalties for any crime under the Penal Code that constitutes an act of terrorism, which may include life imprisonment or the death penalty, and establishing a minimum penalty that cannot be reduced.

4. Preventative measures for individuals deemed a terrorist threat - The draft law proposes measures aimed at preventing crimes and rehabilitating individuals considered a terrorist threat. These measures may include participation in rehabilitation programs, police supervision, restrictions on communication, or prohibitions on being in specific locations, as determined by a court order. Violations of these measures are subject to criminal penalties.

5. Protection of foreign embassies in Kuwait - The draft law introduces new crimes, including entering the premises of foreign organizations, embassies, or consulates within Kuwait with the intent to commit a terrorist act, and criminalizes entry into Kuwait with the intent to commit a terrorist act.

6. National Ministerial Committee for Combating Terrorism - The draft law establishes a committee chaired by the Minister of Interior and comprising several ministers and relevant authorities. The committee is responsible for coordinating efforts among competent authorities, monitoring developments in terrorism, and proposing policies and recommendations to strengthen the national framework for combating it.

7. Criminal liability of legal entities - The law defines the criminal liability of legal entities, such as companies, institutions, and public benefit associations, that participate in or collude in terrorist acts, imposing strict penalties including fines and suspension of activities.

8. Procedural mechanisms and controlled delivery - The law introduces a procedural mechanism to detect terrorist crimes and establishes a “controlled delivery” system. This system enables monitoring the entry of devices or equipment that may be used in terrorism, with the aim of tracking suspects and apprehending perpetrators, in accordance with the Convention against Transnational Organized Crime.

9. No statute of limitations for terrorist crimes - The law exempts terrorist crimes from the statute of limitations, ensuring that criminal cases and penalties do not lapse over time, given the seriousness and unique nature of these crimes, which may go undetected for many years.