UN Committee against Torture — Concluding observations on the fourth periodic report of Kuwait (CAT/C/KWT/CO/4, 6 December 2024)

FOLLOW-UP FROM 2016. Recommendations on a public condemnation of torture, detention conditions and foreign workers were partially implemented; the recommendation to reinstate the de facto moratorium on the death penalty was not implemented (para. 6).

DEFINITION AND PENALTY (paras. 9–10). Torture is prohibited by Art. 31 of the Constitution and not time-barred, but Art. 53 of the Criminal Code gives only an implicit definition that omits punishment as a purpose, the maximum penalty is five years, and there is no clear provision making the prohibition absolute and non-derogable. No provision excludes superior orders or establishes command responsibility (paras. 11–12).

SAFEGUARDS (paras. 15–16). Reports that persons in custody are not always told the reasons for arrest, lack access to lawyers during investigation, do not receive timely independent medical examination, are delayed in notifying relatives, and are not systematically registered; suspects may be held four days before being brought before a judge, sometimes longer. The Committee recommends 24 hours, amending Art. 60 of the Code of Criminal Procedure (as amended by Act No. 35 of 2016). It is concerned about court-authorised incommunicado detention (para. 17) and prolonged pre-trial detention, particularly in terrorism cases (para. 19).

DETENTION CONDITIONS (paras. 21–22). Overcrowding and poor conditions at the Talha deportation centre and the Central Prison complex; allegations of violence by prison staff; Article 58 of the Prisons Act of 1962 still allows iron restraints "for no more than a month" and deprivation of food for a week, which the Committee asks Kuwait to repeal immediately.

HUMAN RIGHTS DIWAN (paras. 23–24). Not fully independent because it is supervised by the Council of Ministers.

ILL-TREATMENT (para. 27). "Consistent reports" that persons in custody, in particular those suspected of terrorism, human rights defenders and members of minorities, are tortured or ill-treated, including by the General Department of Investigations, the General Department of Drug Control and the State security agency, especially during arrest and interrogation. The judiciary lacks independence owing to executive interference in the appointment, transfer and discipline of judges and prosecutors (para. 29).

DEATH PENALTY (para. 33). Available for crimes such as perjury and drug offences that do not involve intentional killing.

BIDOON (para. 37). Still considered "illegal residents", lacking legal recognition and exposed to discrimination and ill-treatment.

FOLLOW-UP (para. 51). Kuwait was asked to report by 22 November 2025 on the Prisons Act, the Diwan and accountability for torture.

USE IN A REPORT: the most recent treaty-body assessment of torture risk in Kuwaiti custody. It is directly relevant to risk on return for people suspected of security offences or active in human rights work.

The review took place in October 2024, before most of the nationality withdrawals, and the observations say nothing about them; for those, see the Special Rapporteur's 2026 report. Whether Kuwait sent the follow-up information due on 22 November 2025 has not been checked. Paragraph 27 is the passage most often needed in protection claims, because it identifies the categories of detainee and the agencies concerned.