The judiciary is under scrutiny
ON March 16, His Highness the Amir Sheikh Meshal Al-Ahmad Al- Jaber Al-Sabah visited the Supreme Judicial Council – a visit that gained 'special and exceptional significance,' as evident to anyone with insight and discernment. While His Highness the Amir affirmed his belief that the judiciary is the cornerstone of achieving justice, and expressed his pride in the impartial Kuwaiti judiciary, distinguished by its professionalism and competence in preserving rights and upholding justice; his speech during the meeting did not lack what he described as 'some matters and issues that affect justice and raise doubt and confusion regarding the system of some rulings.' His Highness clearly referred to 'the issuance of conflicting and contradictory rulings.
One judge issues a ruling, and another overturns it; even though the cases are all similar in facts and circumstances, without any addition or omission. This raises doubt and suspicion about the rulings.' He stressed that 'the rush to issue judicial rulings to uphold falsehood, settle scores and achieve personal interests at the expense of supporting the oppressed perpetuates tribalism and pre-Islamic fanaticism, and threatens the interests of the country and its people.'
Out of His Highness' commitment to maintain the integrity of the judiciary, he considered the last resort and refuge for all to protect rights and freedoms. He instructed members of the judiciary to 'order, hope and consider.' He explained that the order is 'the rapid Kuwaitization of the judiciary and supporting positions. The hope is to quickly adjudicate and resolve disputes, as well as the avoidance of adjournment of sessions for the most trivial reasons. As for consideration, it is placing the interests of Kuwait, supporting the oppressed, achieving justice, and avoiding conflicting rulings with similar facts and circumstances above all other considerations.' His Highness clearly ordered the enactment of legislation to develop judicial work and regulations to facilitate its procedures, to expedite the adjudication of cases and prevent their accumulation and delay.
Although nearly a month has passed since the meeting and the royal speech, and even despite the Supreme Judicial Council's prompt convening of a special session – less than 48 hours after the meeting, after which it announced its commitment to implement all orders and directives contained in the royal speech, 'nothing has happened'. Matters remain at a standstill, not beyond the framework of 'promises and pledges.'
According to reliable sources, circles within the Ministry of Justice are disturbed by what they described as 'the Supreme Judicial Council's delay in responding to the ministry's letters regarding amending and updating laws to serve Kuwait globally.' They said 'the Supreme Judicial Council has its status and importance, and it is undoubtedly appreciated and respected by everyone. However, the slow response to proposals is hampering the legal and legislative reform process, up to the point where it is feared that it will cause significant harm to Kuwait.
If the delay continues longer, Kuwait will be under the scrutiny of numerous international institutions regarding a number of laws related to combating terrorism and money laundering, human rights, and some civil and criminal procedures; especially since some of these institutions are seeking to settle scores with Kuwait over its Arab and regional stances.'
According to the same sources, judicial reform is being closely monitored and pursued by the highest authorities in the country. The Minister of Justice is exerting tremendous efforts in this regard; as the next phase requires the issuance of a package of laws and similar legislative amendments before June, which will witness reviews in several international forums to close loopholes through which criminals can escape and to address internationally criticized aspects of the implementation of Kuwaiti laws. These sources also confirmed that the minister's actions and his legal revolution are the scrutiny of higher authorities who are keen on expediting the requirements of this new era.
They stressed the need for 'a real shakeup of legislation, some of which is based on the private interests of influential individuals or members of previous parliaments, or has been mislabeled and has tarnished Kuwait's image globally.' They emphasized that the higher directive to expedite legislative reform are currently the Minister of Justice's primary concern.' Yes, Kuwait has suffered from a morbid condition in recent years, and even decades, which worsened when some constitutional institutions, which are currently inactive, encroached on the government's powers. In the eyes of the world, this has rendered it incapable of moving toward development. Therefore, higher authorities have ordered rapid reform, regardless of the cost, because time waits for nothing while the country stagnates.
In this context, money laundering laws, human rights laws, and everything that could tarnish the State's image have been put under intense scrutiny; with the goal of 'being consistent with the demands of the times on one hand, and on the other hand, to restore the State's global image, especially with some money thieves fleeing abroad and the lack of faithful implementation of international agreements.' Thus, the sources revealed that 'strict oversight in this area is necessary and it should not allow any flaws.' On the other hand, they believe that 'some consultations were misplaced or incomplete, and although they were not binding, they were implemented; creating new obstacles to updating the laws, especially since some people do not understand the structure of Kuwaiti society and its social culture that played a major role in this.'
In context, sources said 'the Kuwaitization of the judiciary was a successful step, because the political leadership seeks to localize the country's important facilities, and the judiciary is the backbone, indeed, the brain of any development.' They added 'the failure to localize judicial institutions was a source of great discontent in the decision-making process. The opinions expressed were not in compliance with basic international standards on one hand; and on the other hand, they contained loopholes that could undermine any court rulings, as His Highness the Amir pointed out in his speech before the Supreme Judicial Council, particularly regarding conflicting rulings and similarity of grounds. They cited the statements of His Highness the Amir during his visits to State institutions and sectors last Ramadan, 'so that the workshop could begin with full seriousness, without any justification or hesitation.' They pointed out that Minister of Justice Counselor Nasser Al-Sumait wanted to 'break away from the norm, and not keep up with the seven ministers who served in the ministry in recent years and left things as they were. They neither initiated the necessary reforms nor exert any effort either out of fear of parliamentary accountability or out of self-interest, which kept the situation as it was.'
They affirmed that the minister is leading a massive legislative reform project, which requires, at the very least, a helping hand to assist him in implementing the royal directives. Sources said those who deal with the Minister of Justice noticed his despair over the legacy he has before him, and the time remaining until June, especially since many questions have been directed to Kuwait from international circles. They added 'it is true that the legislative amendment project is both large and complex, and some of it requires speed but without haste; this does not prevent the amendment of many criminal laws to combat corruption and plundering of public funds, as well as major crimes, particularly the extradition of criminals.'
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