Landmark Ruling: Acquittal Must Be Followed by Complete Digital Erasure
The court pointed out that judicial intervention is necessary to remove it. The case dates back to 2019, when the citizen was referred for trial on indecent assault charges. The court issued a final acquittal in 2020. The verdict was upheld on appeal and not appealed before the Court of Cassation, giving it final status. Despite this, the case data remained visible in the electronic systems of the ministries of Interior and Justice, prompting the citizen to submit a request for restoration of his reputation in 2024.
This request was later rejected, so he filed a lawsuit, which was rejected as well. He then appealed the ruling before the Court of Appeals, which ruled in his favor. The Court of Appeals explained that keeping the case data in the systems of the two ministries despite the acquittal of the accused is an unlawful failure to take a necessary decision, under Article 244 of the Code of Criminal Procedure and Trials, stipulating that rehabilitation nullifies the conviction and all its effects, including the complete blocking of data from non-competent authorities.
The court responded to the administrative authorities' arguments that the data was kept confidential within the systems, deeming this confidentiality 'formal' if the information was accessible to unauthorized employees and impacted the citizen's daily rights, even though the case did not appear in the criminal record. The court accepted the appeal in form and in substance, overturned the initial ruling, and rescinded the negative decision and all its consequences. It also ordered the ministries of Interior and Justice to delete the case data from their systems and to bear legal expenses, including attorneys' fees.
The defense in the case was undertaken by Attorney Fahd Al-Shammari, who explained that the ruling is a victory for the proper application of the law. He asserted in a press statement that the ruling restores the dignity of his client and establishes the principle that acquittal must be followed by the erasure of effects, which could hinder a person's life, especially in daily dealings. Al-Shammari added that the court established an important legal rule, which balances the requirements of security and the rights of individuals to regain their legal and social status. 'We welcome this ruling, which does justice to the citizen and grants him the right to open a new page, free of legal restrictions. It is an actual application of the philosophy of restoring dignity as intended by the Kuwaiti legislator,' he concluded.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Arab Times
an hour ago
- Arab Times
Judicial Specialization: The missing pillar in Kuwait's economic reform vision
Adapted and expanded from an original interview conducted by journalist Abdullah Othman and published in Al-Nahar on July 18, 2025. This version has been updated to reflect current legal developments and strategic judicial reform initiatives. In a progressive move aimed at accelerating the resolution of commercial disputes and enhancing Kuwait's competitiveness, Minister of Justice Counselor Nasser Al-Sumeit recently issued a ministerial decision forming a specialized committee to draft a decree-law for the establishment of specialized economic courts, along with its explanatory memorandum. The committee, chaired by Counselor Abdullah Al-Qusaimi, includes representatives from key national institutions such as the Central Bank, the Ministry of Commerce, the Kuwait Bar Association, and Kuwait University. It is tasked with delivering a framework that reflects international best practices while addressing the complex realities of Kuwait's evolving economy. This governmental initiative is both timely and visionary. However, to truly transform the justice system and support economic modernization, Kuwait must go beyond establishing a single economic court. What is required is a fully integrated system of specialized courts structured by value, subject matter, and legal complexity. This will ensure that commercial and financial disputes are resolved swiftly, competently, and in line with global standards. Why Judicial Specialization Is Strategic. Specialized courts are no longer an administrative preference. They are a structural necessity. In modern economies, disputes span a wide range of sectors including taxation, customs, capital markets, insolvency, anti-money laundering, intellectual property, cross-border finance, and complex commercial fraud. Each domain carries unique legal and regulatory requirements that demand judicial expertise. Placing all these matters under one general economic court risks jurisdictional overlap, inefficiency, and procedural delay. A segmented and specialized judiciary, on the other hand, empowers judges to build sectoral depth, improves case flow, and enhances investor confidence. This is a key driver behind the Minister's initiative Global Best Practices and Local Relevance Kuwait's proposed judicial reform should mirror the legal sophistication of mature economies. Models such as the UK's Business and Property Courts and the Delaware Court of Chancery in the United States provide strong benchmarks. These systems offer specialized procedures, expert judges, and value-based jurisdiction. This leads to faster litigation cycles, improved consistency, and greater legal certainty for commercial actors. Kuwait must now build a framework that translates those advantages into its local context. A Framework for Kuwait's Specialized Judiciary In response to the Ministry's directive, the following structural proposal is recommended: 1. Value-Based Specialization High-Value Commercial Court: Jurisdiction over disputes exceeding KD 5 million, or those involving cross-border or institutional finance. 2. Subject-Matter Specialization Tax and Customs Court Capital Markets and Investment Court Insolvency Court (with separate civil and criminal divisions) Economic Crimes Court Intellectual Property and Technology Court Competition and Consumer Protection Court This segmentation ensures that each dispute is handled by a judiciary with domain-specific competence and procedural efficiency. Anticipated Impact on Kuwait's Investment Climate The Minister's initiative reflects a broader realization. A modern economy requires a modern judiciary. If properly implemented, judicial specialization will yield profound benefits, including: Faster resolution of commercial and investment disputes Reduced reliance on international arbitration Greater legal certainty for investors and businesses Alignment with global standards in dispute resolution Direct support for Kuwait Vision 2035 as a legal and financial center Kuwait's message to the global investment community will be unmistakable. This is a jurisdiction that protects capital through competence, speed, and legal clarity. Legislative Feasibility and Institutional Readiness Kuwait's constitutional and legal framework fully supports this direction. Articles 164 and 166 of the Constitution grant the legislature authority to structure the judiciary, provided that the principle of dual-instance litigation is upheld. Additionally, the newly enacted Judicial Fees Law No. 78 of 2025 introduces a proportional fee of 1 percent for cases exceeding KD 5 million. This serves as a significant policy tool supporting the creation of value-based judicial channels. The Ministry's inclusive committee, comprising stakeholders from the judiciary, academia, financial regulators, and investment authorities, provides a strong foundation for building consensus and shaping a specialized court system rooted in Kuwait's legal identity. Academic and Comparative Insights Legal education in Kuwait has long acknowledged the importance of specialization. At Kuwait International Law School, advanced courses such as Economic Crimes I and II reflect the layered complexity of modern litigation, where financial understanding and legal analysis intersect. Assigning such cases to general criminal courts or bundling them into a single economic court undermines their intricacy. Instead, they must be addressed within specialized judicial tracks, managed by judges trained in both law and financial systems. Internationally, Egypt's experience with economic courts offers valuable lessons. While pioneering in the region, Egypt's model faces challenges from jurisdictional overlap and the merger of civil and criminal cases into a single court. Kuwait should avoid this approach. Conclusion: Aligning Legal Reform with Economic Ambition The decision to establish specialized courts is a critical and welcome milestone. But Kuwait must now look beyond a single economic court and embrace a full architecture of judicial specialization. It must be modular, expert-driven, and tailored to the modern business environment. This is not merely a reform of the courts. It is a structural investment in Kuwait's economic future. A truly competitive economy is built on three pillars: sound regulation, business-friendly policy, and judicial certainty. Kuwait is now poised to lead by building a legal infrastructure that reflects its aspirations, supports its investors, and upholds its role as a regional leader in law, finance, and governance.
Arab Times
an hour ago
- Arab Times
Kuwait Courts handled 5,234 traffic cases in Q1
KUWAIT CITY, July 19: Official statistics issued by the Statistics and Research Department at the Ministry of Justice revealed that courts in various governorates handled 5,234 traffic cases in the first quarter of 2025, indicating that 2,906 of these cases were adjudicated, while 2,328 cases were postponed. The statistics revealed that Hawally Court topped the list in terms of the number of adjudicated cases, with 597, followed by Farwaniya Court with 552 and Capital Court with 491. In contrast, Mubarak Al-Kabeer Court recorded the lowest number of resolved cases with 404. For postponed cases, Jahra Court topped the list with 576 cases, followed by Hawally Court with 489 cases; while Farwaniya Court ranked last in terms of the number of postponed cases with 300. Regarding the total number of cases received, Hawally Court ranked first with 1,086 cases, followed by Jahra Court with 1,050, and Farwaniya Court with 852. In addition, statistics showed that traffic courts issued 1,524 criminal rulings and penal orders in the first quarter of 2025 -- 70 driving license revocation rulings, 43 prison sentences, and 48 traffic fatality cases pending in the courts. Hawally Court recorded the highest number of criminal rulings and orders issued, with 626, followed by the Capital with 304 and Farwaniya with 223. According to the statistics, the total collected criminal fees in the same period amounted to KD87,609, distributed as follows: Capital Court with KD21,996; Hawally Court with KD15,925; Ahmadi Court with KD12,725; Farwaniya Court with KD16,823; Mubarak Al-Kabeer Court with KD10,600 and Jahra Court with KD9,540. Commenting on the figures, Attorney Hussein Al-Asfour stated 'the issuance of this large number of rulings within a short period reflects the seriousness of the courts in addressing the traffic problem, and confirms the role of the judiciary in protecting lives and properties.' Al-Asfour stressed that 'the fine and imprisonment rulings send a firm legal message to those who act recklessly and contribute to enforcing the rule of law, especially in light of the unfortunate increase in accidents resulting from speeding or driving under the influence of drugs.'
Arab Times
2 days ago
- Arab Times
Kuwait Moves to Protect Expat Workers' Rights with New Enforcement
KUWAIT CITY, July 17: Under the directives of the First Deputy Prime Minister and Minister of Interior Sheikh Fahad Yousef Saud Al-Sabah to monitor the enforcement of the Cabinet's decision on the timely payment of workers' salaries and wages, the Public Authority for Manpower (PAM) recently suspended several files of private businesses and companies that have been late in paying their workers' salaries or in depositing them regularly in local banks. They affirmed that this measure aims to protect workers' legal rights, which is a top priority for PAM. The sources explained that the suspension does not prevent the renewal of workers' files, nor does it block their transfer to another employer whose file is not suspended. This step is taken under Article 57 of Law No. 6/2010 concerning labor in the private sector, which states that 'an employer who hires no fewer than five workers, as per the law's provisions, is obligated to deposit their salaries into accounts at local financial institutions and submit copies of the bank statements to PAM.' The first phase of suspension targeted non-compliant business owners and companies in the private sector, based on the employer's commitment through PAM's automated systems to adhere to the requirements of the aforementioned article. This serves as a precautionary warning. While emphasizing that the suspension is primarily a warning to employers to ensure timely salary transfers to local financial institutions, the sources stressed that, under direct orders from Minister Sheikh Fahad, PAM will not tolerate any harm to Kuwait's reputation in human rights, especially regarding the rights of expatriate workers. They explained that PAM warned companies that fail to pay their workers' salaries regularly that immediate legal action will be taken against them. It affirmed its continued monitoring of employers to ensure full compliance with salary payment and deposit requirements in accordance with the Labor Law. Once the conditions are met, the suspension will be automatically lifted from the company or employer without the need for further review. Regarding the suspension of files and renewals, the sources clarified that suspending a company's file does not prevent the renewal of its workers' permits nor their transfer to a nonsuspended employer's file. This ensures that workers are not harmed or end up being in violation of residency laws. However, suspending an employer's file also halts the addition of new workers and the processing of need assessment requests until the employer's legal status with the Authority is rectified. The employer must fully commit to transferring workers' salaries to their accounts and provide reasons for any delays or failures through PAM's automated system via the 'Ashal' service. Suspending a file also means suspending the addition of new workers and the processing of need assessment procedures. It is worth highlighting that in October 2024, Minister Sheikh Fahad Al-Yousef stressed that he would take firm action against all companies violating the Cabinet's decision on the timely payment of salaries and wages to their workers.
