Kuwaiti student Salman al-Khaldy stripped of his Kuwaiti nationality after social media activism

Kuwaiti student Salman al-Khaldy stripped of his Kuwaiti nationality after social media activism

Salman al-Khaldy, a Kuwaiti national who had been living and studying in Qatar, was sentenced, in absentia, to five years in prison for sharing posts on Twitter condemning the murder of Saudi Journalist Jamal Khashoggi. Since then, he has been pardoned and he is now residing in the United Kingdom.Despite having been pardoned, he was re-sentenced multiple times to years in prison with hard labour for his tweets and protests he held in the UK. In April 2024, he was stripped of his Kuwaiti nationality.

Salman al-Khaldy is a Kuwaiti activist who had been living and studying in Qatar. On March 25, 2021, al-Khaldy shared several posts on Twitter that were critical of the role of Saudi Crown Prince, Mohammed Bin Salman, in the murder of Saudi journalist Jamal Khashoggi.

While travelling from Qatar to Kuwait overland, al-Khaldy was stopped at the Saudi border on December 25, 2021 and told that he was banned from entering Saudi Arabia for 25 years. Months later, on April 7, 2022, al-Khaldy was notified via text message that the Saudi ambassador in Kuwait had pressed charges against him, under article 4 of the Kuwaiti Penal Code’s chapter on state security Law. The text message also summoned him for questioning at the Kuwaiti State Security that same month. Al-Khaldy, however, was unable to attend the investigations because of his studies and out of fear of reprisals.

Al-Khaldy’s case was referred to the High Criminal Court in the State Security Department in Kuwait on April 10, 2022 and his trial began on May 23, 2022. When he was given notice of the first court session, al-Khaldy chose not to return to Kuwait and instead travelled to the United Kingdom on May 21, 2022, where he applied for asylum.

Al-Khaldy was tried in absentia and, on June 6, 2022, was sentenced to five years in prison with hard labour for committing a “hostile act” against Saudi Arabia.

Such decision constitutes a breach of article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Kuwait ratified in 1996. The conviction of al-Khaldy is also indicative of the increasing number of prosecutions of Kuwaiti nationals who express public criticism of the Saudi authorities.

On June 28, 2022, MENA Rights Group and ALQST for Human Rights submitted a communication to the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling on her to urge the Kuwaiti authorities to drop the conviction against al-Khaldy and end practices of harassment against individuals engaging in acts that are protected under the right to freedom of expression.

On January 18, 2023, al-Khaldy was officially pardoned by the Kingdom of Kuwait.

On May 15, 2023, despite this pardon, al-Khaldy was re-sentenced in absentia to 5 years in prison with hard labour for tweeting and spreading on social media “false rumors about the internal affairs of the country” with the Kuwaiti Refugee Association. Such decision is clearly disregarding principles of legal certainty and res judicata.

On September 27, 2023, al-Khadly was sentenced in absentia to an overall 13-year prison sentence, in addition to a 25-year travel ban for his social media activity.

On November 19, 2023, al-Khaldy was sentenced to an additional 5 years in prison for acts falling under the exercise of his freedom of expression while he was in the United Kingdom. He was namely sentenced for "sharing false rumors" about Kuwait from outside the country, for tweeting “insults” about the Emir of Kuwait, protesting in a public space against the government and sharing videos about his protests. All these acts refer to critical tweets he had posted to demand the release of political prisoners in Kuwait, a protest he held in the United Kingdom where he carried a photo of the Emir of Kuwait captioned “Dictator Emir”, and a public hunger strike he held in front of the Kuwaiti embassy in London in September.

On 23 January, 2024, he was sentenced to 3 more years in prison for acts related to his freedom of expression while he was in London (publicly criticising the government on social media and holding a sit-in in front of the Kuwaiti embassy).

On April 9, 2024, Kuwaiti authorities published Decree No. 66 that strips al-Khaldy of his Kuwaiti nationality.

Timeline

April 9, 2024: Al- Khaldy is stripped of his Kuwaiti nationality.
January 23, 2024: Al-Khaldy is sentenced to 3 more years in prison for publicly criticising the government on social media and holding a sit-in in front of the Kuwaiti embassy in London.
November 19, 2023: Kuwaiti authorities sentence al-Khaldy to an additional 5 years in prison for protesting in the United Kingdom.
September 27, 2023: Al-Khaldy is sentenced to an overall 13-year prison sentence, in addition to a 25-year travel ban.
May 15, 2023: Al-Khaldy is re-sentenced to 5 years in prison with hard labour despite his pardon.
January 18, 2023: Kuwait issues an official royal pardon for al-Khaldy.
June 28, 2022: MENA Rights Group and ALQST for Human Rights raise the case of al-Khaldy with the UN Special Rapporteur on Freedom of Opinion and Expression.
June 6, 2022: The High Criminal Court sentences al-Khaldy to five years in prison and hard labour, in absentia.
May 23, 2022: Al-Khaldy’s trial begins before the High Criminal Court of the State Security Department in Kuwait.
May 21, 2022: Al-Khaldy flees Qatar for the United Kingdom where he applies for asylum.
April 7, 2022: Al-Khaldy is notified of the complaint filed against him by the Saudi ambassador in Kuwait.
December 25, 2021: Al-Khaldy is stopped at the Saudi border and told he is banned from entering Saudi territory for 25 years.
March 25, 2021: Al-Khaldy criticizes on Twitter the role played by Mohammed bin Salman in the murder of Saudi journalist Jamal Khashoggi.

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