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Rape/sexual harassment cases mostly unreported or settled

KUWAIT: Rape and sexual harassment are illegal but they are also taboo issue for many countries in the Middle East including Kuwait. In fact, according to Ahmed Al-Mutairi, a Kuwaiti lawyer said, rape or sexual harassment cases are mostly unreported and that those reported cases had actually did not reached to the level of court…

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Rape/sexual harassment cases mostly unreported or settled

KUWAIT: Rape and sexual harassment are illegal but they are also taboo issue for many countries in the Middle East including Kuwait. In fact, according to Ahmed Al-Mutairi, a Kuwaiti lawyer said, rape or sexual harassment cases are mostly unreported and that those reported cases had actually did not reached to the level of court because they consider it shameful, or an attack to their dignity/honor as human. “This country is still very much cautious when it comes to talking about rape or sexual harassment because of family honor; we tend to settle among our families such kind of shameful incidents because we are still very conservative society and we do not wish anyone to experience as bad incident as this,” Al Mutairi said. “So, if rape is often not reported what else will you expect for the sexual harassment case or we say minor? These are two separate cases, but sexual harassment is a bit minor as compared to rape case. Rape is grave offence and it can carry capital punishment. Sexual harassment is a bit lighter but these are all real issues often than not, we turned a blind eye on these. Haram to the victims, because it harms/affects their psychological and mental health, it is an attack on honor, and chances or having normal life maybe not getting married, it can also impose illegal maternity, causing physical and moral damages. We need to talk about it because it’s the reality happening within the Kuwaiti and expats societies/communities, everywhere, not just in Kuwait but also in other countries,” he argued.

The best way to confront the problem according to Al-Mutairi is to face it. “If you think your rights, dignity and honor are violated pursue a case and lawyers are actually here to support the victims or even the suspect. “There is a capital punishment to those who will be found guilty of rape especially if proven that he was force to sex or ganged rape a victim. There are punishments even for minor harassment case. So do not let this acts come to pass, you have to exercise your rights,” he added.

Ahmed Al-Mutairi

Al-Mutairi quoting another lawyer Nader Shari, has defined rape as a man’s communication with a woman with full sexual contact without proper consent. “The Lebanese jurisprudence also defined rape as coercion by threats and violence to satisfy his desire for intercourse. Under Egyptian penal Code, rape defined as the crime of rape and sexual intercourse without consent; it is defined by several jurisprudence based on three elements; 1) material act of intercourse 2) coercion by violent and threat, 3) criminal intent,” Al-Mutairi explained.

Also, Al-Mutairi quoting MP Kamel Al-Awadhi defines minor sexual harassment case to be as simple as attempt to seduce (a man or a woman) into sexual arousal even without the desire of both parties. It also include touching, speech, telephone conversations and sexually meaningful communication. “The punishment is up to two years imprisonment but the penalty is double to people who uses his authority,” he added.

He said sexual harassment case usually happens anywhere but specifically in the workplace, schools or at home. “The ministry of education has already addressed the issue of sexual harassment cases in schools by installing cameras in the school, buses in order to prevent incidents of sexual harassments of students,” Al-Mutairi pointed out.

Citizens or expats who would like to pursue cases need to be present at the police station to file a case. “The court will be informed about it and they will study the case then file it to court,” he said. The verdict will normally come after few hearings. “For minor harassment case, sometimes it takes time, but if you are serious about it, the court is blind to anyone, no wasta, very fair when rendering justice,” he said. Minor sexual harassment verdict will carry 6 months to two years imprisonment and maximum payment to victims of up to KD5000 while the penalty for rape case could be a capital punishment and only Amiri pardon can save him from gallows.

Here’s how to file sexual harassment/rape cases.

Sexual harassment case (Lighter)

Go to nearest police station
The police station will send the victim to the nearest hospital for medical purposes.
After medical check, she will be advised to go back to police station
The police will call out the suspect
If the police are convinced that it was indeed sexual harassment, the case will be filed in the court, if not, the case will be settled.
If based on preliminary talks, the suspect admitted the crime, tawyer will be assigned or he will hire his own lawyer
Gathering of evidences/counter evidence will follow
The person involve will be called if hearing of his case is set by the court (no detention)
The case sometimes takes years (maximum two years)

Rape case (Grave)

Above step by step process will not be observed as they consider rape as grave offence; suspect will be detained immediately (without bail or equivalent money for bail until the trial is completed)
Case will immediately go directly to the investigator
The victim will be sent directly to the hospital for medical report/record.
If probable cause found, the court will immediately set a date for trial.
The suspect will have to communicate with the lawyer only, family will be limited.
Normally, rape case is heard few months: verdict will be rendered immediately. (Mostly rape cases take 6 months up to one year only depending on the strength/depth of the case)

By Ben Garcia

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Saudi Arabia issues calming statement as Lebanese tensions rise over port explosion case

BEIRUT: Saudi Arabia’s Ambassador to Lebanon Waleed Bukhari told Lebanese religious figures on Tuesday that the Kingdom “cares for Lebanon’s security, stability, institutions and co-existence between Christians and Muslims.” The Saudi embassy’s media office said: “There is no legitimacy for the discourse of strife, nor for one that goes against Lebanon’s Arab identity.” This was…

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Saudi Arabia issues calming statement as Lebanese tensions rise over port explosion case

BEIRUT: Saudi Arabia’s Ambassador to Lebanon Waleed Bukhari told Lebanese religious figures on Tuesday that the Kingdom “cares for Lebanon’s security, stability, institutions and co-existence between Christians and Muslims.”

The Saudi embassy’s media office said: “There is no legitimacy for the discourse of strife, nor for one that goes against Lebanon’s Arab identity.”

This was the first Saudi statement since the bloody clashes in Tayouneh on Oct. 14.

At least seven people were killed in the violence in Beirut amid a protest organized by Hezbollah and its allies against the lead judge probing last year’s blast at the city’s port.

The protestors, gathered by Hezbollah and the Amal Movement, demanded the removal of Judge Tarek Bitar from the investigation.

According to the embassy’s statement, Lebanon’s Grand Mufti Sheikh Abdul Latif Derian “expressed his appreciation for the Kingdom, led by King Salman and Crown Prince Mohammed bin Salman, for never abandoning Lebanon and its people, despite the unfair stances against the Kingdom by some Lebanese parties that only represent themselves.”

Sheikh Derian added that “the Saudi-Lebanese relations have always been and will remain solid regardless of any offensive speeches because our relations are above these speeches and Saudi Arabia will always see Lebanon as an Arab brotherly country.”

The statement comes after the Intelligence Directorate summoned the head of the Lebanese Forces, Samir Geagea, to the Defense Ministry on Wednesday as part of the investigation into the bloodshed in Tayouneh.

The summoning was the motivation for Maronite Patriarch Bechara Al-Rahi’s spontaneous visits on Tuesday to Parliament Speaker Nabih Berri, Prime Minister Najib Mikati and President Michel Aoun.

Al-Rahi denounced “the summoning of Geagea only by the Intelligence Directorate to testify.”

Charles Jabbour from the Lebanese Forces party told Arab News that “Geagea will not appear at the Defense Ministry on Wednesday.

“They should start with summoning Hezbollah Leader Hassan Nasrallah. All parties should give testimonies, beginning with the party that called for the demonstration. Only when a judge dares to summon Nasrallah, will we be able to talk about a state and a judiciary in Lebanon.”

The move to summon Geagea was condemned by several political figures.

Former Premier Saad Hariri refused “to engage in an absurd conflict and the frontlines of a civil war and sectarian divisions.”

He added: “Announcing that Dr. Geagea was informed to appear before the Intelligence Directorate via a plastered notification is absurd and leads the country into further division along with using state machinery for revenge politics.”

Former Premier Fouad Siniora also denounced “the bias of the judicial authorities in the military court over the deplorable Tayouneh events and the continuing violations of the constitutions by those who were entrusted with the task of preserving and protecting it.”

Siniora rejected “the practices seeking to use the judiciary for reprisals against political opponents, and not for its main mission: To seek the truth and achieve justice.”

Lebanon’s Progressive Socialist Party leader Walid Jumblat criticized the “selectivity instead of a transparent and just investigation for a comprehensive justice.”

He said: “All those who fired shots in the Tayouneh events should be arrested, without discrimination, and this destructive and futile political dispute must be ended.”

Samy Gemayel, head of the Lebanese Kataeb Party, announced his rejection to “all the means Hezbollah and the Amal Movement have resorted to in hampering the investigation into the Beirut port blast.”

Hezbollah accused Geagea of firing the first shot on Oct. 14 at the demonstrators who penetrated the anti-Hezbollah and Christian-majority Ain Remaneh area.

Former Prime Minister Hassan Diab, who is also a defendant in the Beirut port explosion investigation, visited Sheikh Derian on Tuesday, reiterating his demand “to either lift immunity from everyone without exception, or adopt the legal and constitutional mechanisms in force in the Supreme Council for the Trial of Presidents and Ministers.”

So far, all the politicians who have been accused of being involved in the Beirut port blast have declined to appear before Judge Bitar.

Amal Movement and Hezbollah ministers have refused to attend Cabinet sessions unless Judge Bitar is removed and the investigations into Tayouneh are halted, causing a governmental paralysis at a time when Lebanon is in desperate need of reforms to unblock the international aid that would lessen its dire economic situation.

Prime Minister Mikati hoped on Tuesday that “Cabinet meetings will resume as soon as possible to make the decisions required to activate the work of commissions and committees and do what is needed from the government.”

Mikati added that he hoped his government would supervise “the parliamentary elections with full integrity, to enable these elections to renew the political life in Lebanon.”

The joint parliamentary committees held a session on Tuesday and voted to keep the electoral law as it was, thus rejecting Aoun’s proposal to make amendments.

Aoun had objected to holding the elections on March 27 and to the proposals to change the expatriate voting formula by canceling the six seats allocated for Lebanese voters who live abroad.

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Damascus bookshops disappear as crisis hits culture

LONDON: A former Iranian air force pilot exiled in Turkey has said he still feels unsafe after a failed kidnapping attempt last month. Mehrdad Abdarbashi, a former helicopter pilot who defected from the military when he was ordered to fight in Syria, had previously tried to resign from the armed forces, but Tehran rejected his…

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Damascus bookshops disappear as crisis hits culture

LONDON: A former Iranian air force pilot exiled in Turkey has said he still feels unsafe after a failed kidnapping attempt last month.

Mehrdad Abdarbashi, a former helicopter pilot who defected from the military when he was ordered to fight in Syria, had previously tried to resign from the armed forces, but Tehran rejected his resignation and seized his passport.

In 2018, he said he received orders to be deployed to Syria on behalf of the Assad regime and decided it was time to flee Iran.

“It was the first time I was being deployed there, and I refused because I did not want to be involved in a proxy war going on there,” he told Al Jazeera.

He is now in hiding in eastern Turkey, and was recently targeted by two Iranian agents who tried to drug and kidnap him.

Turkish intelligence, which had been in contact with Abdarbashi, foiled the plot. The Iranian agents were charged with espionage and conspiracy to commit a crime in a Turkish court earlier this month.

But Abdarbashi said he still fears the Iranian regime will reach him despite Ankara’s protection.

“I don’t think I am safe in any city in Turkey right now. I think Iranian intelligence will come after me, and this time they won’t try to kidnap me, this time they will just kill me,” he said.

“Of course, Turkish police and intelligence are still looking after me. But I still think Iranian agents will somehow reach me.”

Iranian exiles in Turkey are often targeted by Tehran’s agents, who try to kidnap them to bring them back to the Islamic Republic.

In June 2020, Eisa Bazyar, a writer critical of the Iranian regime, was forced into a car in western Turkey and held for two days before he managed to escape.

The following November, Habib Chaab, an Iranian dissident with Swedish citizenship, was seized as he transited through an Istanbul airport.

For a period of time, it appeared that Ankara was complying with and even directly cooperating with Tehran’s attempts to kidnap foreign dissidents and bring them back to Iran.

In two cases, Ankara assisted with the capture and deportation of men sentenced to death for their role in anti-regime protests.

But last year’s war between Azerbaijan — perhaps the nation with the closest ties to Ankara — and Armenia over the disputed territory of Nagorno-Karabakh appears to have prompted a cooling in relations between Turkey and Iran. Their opposing sides in the Syrian conflict has also proved a more subtle bone of contention.

As relations between the two large Middle Eastern states — which share a long border and have a centuries-old history of Persian-Turkic competition — have declined, Ankara’s cooperation with Iranian intelligence operations on Turkish soil appears to have ceased.

In February this year, Turkish police arrested an Iranian diplomat at the Istanbul consulate in connection with the assassination of spy-turned-dissident Masoud Molavi Vardanjani in November 2019. 

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Kuwait Times Wednesday, October 27, 2021

Daily E- Paper – Kuwait Times   Click above icon to download full news paper   The post Kuwait Times Wednesday, October 27, 2021 appeared first on Kuwait Times.

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Kuwait Times Wednesday, October 27, 2021

Daily E- Paper – Kuwait Times

 

Click above icon to download full news paper

 

The post Kuwait Times Wednesday, October 27, 2021 appeared first on Kuwait Times.

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