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Landmark Ruling: Acquittal Must Be Followed by Complete Digital Erasure

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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 The court accepted the appeal in form and in substance, overturned the initial ruling, and rescinded the negative decision and all its consequences.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

Politics

Room Full Of Drugs: Shocking Jleeb Raid Uncovers Meth Cache

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KUWAIT CITY, Aug 5: Investigators in Jleeb Al-Shuyoukh have referred an expatriate to the Public Prosecution on charges of drug trafficking and possession with intent to distribute. Twenty packets of the drug “shabu” (crystal methamphetamine) were submitted as evidence in the case.

According to a security source, detectives had received a tip-off about the suspect’s involvement in narcotics sales. In a sting operation, they arranged for the purchase of three shabu packets for KD 75. The suspect was arrested immediately after handing over the drugs to an undercover officer, under the authority of a warrant issued by the Public Prosecution.

A search of the suspect’s person revealed a sum of cash. A subsequent raid on his residence — a single room in Jleeb — uncovered 17 more packets of shabu and drug paraphernalia. During questioning, the suspect confessed to trafficking on behalf of another expatriate, whose arrest is now underway based on information provided. He also admitted to using shabu for over two years.

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Love, Lies & Heroin: Fugitive Girlfriend Turns In Drug-Dealing Boyfriend

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KUWAIT CITY, Aug 5: Authorities from the General Department for Drug Control took into custody two expatriates, a man accused of drug trafficking and his girlfriend, both sharing the same nationality and not legally married.

The suspects were referred for investigation, along with a large bag believed to contain heroin, two necklaces, a bracelet, two rings, and KD 500 in cash, which the male suspect claimed was proceeds from drug sales. Notably, the heroin bag was handed to officers voluntarily by the girlfriend.

A security source stated that a report was filed with the Ministry of Interior’s operations room alleging that the man was using his apartment in Jahra’s Block 2 as a base for distributing narcotics.

Police patrols were dispatched to the location. Upon knocking at the door, a man opened it, and a woman was seen inside. When asked for identification, the woman claimed she had none and had fled from her sponsor. She then informed the officers that her boyfriend was a drug dealer and handed over a large bag of heroin. A search of the apartment led to the discovery of all the seized items mentioned in the report.

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She Installed One App—And Lost Everything From 4 Bank Accounts!

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KUWAIT CITY, Aug 5: A case of bank fraud has been registered at the Jahra Security Directorate and classified as a felony, after an unidentified scammer managed to siphon KD 2,730 from four separate bank accounts belonging to a Kuwaiti citizen. The case has been referred to the Commercial Affairs Prosecution and the Department of Electronic Investigations for further analysis and to trace the culprits behind the cyber theft.

According to a security source, the victim, a Kuwaiti woman born in 1968, filed a complaint at the Saad Al-Abdullah Police Station, reporting unexpected deductions across four different banks where she held accounts. The total amount stolen was KD 2,730.

The woman told police that she had received a call from an international number. The caller falsely claimed she had an account on a well-known online platform and instructed her to download a mobile application. Shortly afterward, she was shocked to discover that funds had been withdrawn from all her accounts.

Authorities are currently investigating how the fraudster gained unauthorized access to her banking credentials.

In light of the incident, a security source urged citizens and residents to exercise caution when dealing with unknown callers or messages, especially those requesting the download of unfamiliar apps or the clicking of suspicious links shared via social media or messaging platforms.

The source emphasized the importance of public awareness about cybersecurity threats, particularly for families with children. He warned that cybercriminals often exploit malicious applications, fake websites, and online games to infiltrate personal devices and steal sensitive data.

Citizens were also advised to install reputable antivirus software, cover webcams after use, and ensure that children comply with age restrictions for social media accounts and online gaming platforms to reduce exposure to cybercrimes, including bullying and identity theft.

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