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 The court accepted the appeal in form and in substance, overturned the initial ruling, and rescinded the negative decision and all its consequences.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

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Kuwaiti Man Murders Mother in Saad Al-Abdullah

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KUWAIT CITY, Sep 20: A shocking crime unfolded in the Saad Al-Abdullah area when a Kuwaiti citizen in his thirties brutally murdered his mother by slitting her throat with a knife inside their home.

According to the source, the victim’s daughter rushed her injured mother to the hospital immediately after the attack. Medical staff attempted to provide first aid, but doctors confirmed that the woman had already succumbed to her injuries.

Meanwhile, the assailant was apprehended by security personnel as he followed up on his mother’s transfer to the hospital. Investigators found the murder weapon, a blood-stained knife, in his possession at the time of his arrest.

The suspect was taken to the local police station for questioning, and the case has been referred to the Public Prosecution for further investigation. Authorities have not yet disclosed the motive behind the crime, which has shocked the local community.

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Kuwait Launches Modern Technology to Tackle Law Violators in Sabah Al-Salem

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KUWAIT CITY, Sep 19: As part of its ongoing efforts to strengthen security and enforce traffic discipline, the Ministry of Interior, under the directives of His Excellency Sheikh Fahd Yousef Saud Al-Sabah, First Deputy Prime Minister and Minister of Interior, carried out a large-scale security and traffic campaign in the Sabah Al-Salem area.

The campaign was supervised by Acting Undersecretary of the Ministry, Major General Ali Misfer Al-Adwani, in the presence of Brigadier Anwar Ahmed Al-Yatama, Head of the Human Resources and Information Technology Sector. Several security directorates and the Traffic and Operations Sector took part, supported by advanced technologies provided by the Human Resources and IT Sector to help track down wanted individuals and law violators.

The operation resulted in the arrest of multiple offenders for violations related to residency, labor, and traffic laws. Authorities also issued a number of fines and initiated legal proceedings against those involved.

The Ministry of Interior emphasized that such campaigns will continue across various regions of Kuwait, reaffirming its commitment to ensuring road safety, upholding security, and enforcing the law equally on all without exception.

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Employer and Accountant Under Scrutiny in Hawally Forgery Case

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KUWAIT CITY, Sep 18: A forgery case has been registered at Hawally Police Station following a dispute over KD 1,200 involving an employer and two expatriates, one of whom works as an accountant. The case file has been referred to the Public Prosecution for reinvestigation of all parties involved.

According to a security source, the case began when one of the expatriates visited the police station to contest a commercial lawsuit filed by his employer. The lawsuit claimed that the employee had received an advance of KD 1,200 and refused to return it.

The expatriate denied taking any advance payments, explaining that he had indeed received KD 1,200 from the office, but it was a commission paid to him by the accountant for facilitating a contract between the office and a client. He further requested that the accountant be included as a party in the case, asserting that the receipt confirming the payment was in the accountant’s possession. He claimed that the receipt had been tampered with — specifically, the word “commission” had been replaced with “advance.”

Investigators opened a formal inquiry into the incident and summoned all parties involved for questioning. Following the investigation, authorities concluded that the KD 1,200 was legitimately received as a commission and not as an advance. The receipt had indeed been altered, but it remains unclear who was responsible for the forgery — whether it was the employer or the accountant.

The case continues to be under investigation as the Public Prosecution examines all evidence to determine responsibility for the document tampering.

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