KUWAIT CITY, July 16: The Court of Appeals overturned the decision of the ministries of Interior and Justice to refrain from deleting the data of a citizen acquitted of indecent assault from their automated systems despite the issuance of a final ruling on the acquittal of the accused and the restoration of his reputation. The court affirmed that the failure of the administrative authorities to take the necessary technical and legal measures to erase the case data is a negative decision that violates the law and causes material and moral harm to citizens, threatens their reputation, and disrupts their daily transactions.
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 The court accepted the appeal in form and in substance, overturned the initial ruling, and rescinded the negative decision and all its consequences.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.
By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff