A/HRC/32/36/Add.3 Kuwait 439. JAL 17/04/2015. Case no. KWT 2/2015. State reply: 28/04/2015; 18/05/2015; 05/06/2015; 28/09/2015. Alleged arbitrary arrest, temporary detention and charges brought against a human rights defender, as well as an alleged act of reprisal for his cooperation with the United Nations. 440. JAL 13/08/2015. Case no. KWT 5/2015. State reply: 14/09/2015. Allegations of arrest and imprisonment of an individual related to the exercise of his legitimate rights to freedom of expression and opinion and freedom of association. 441. JAL 17/12/2015. Case no. KWT 7/2015. State reply: 11/02/2016. Allegations of sentencing and action taken to revoke the citizenship of a human rights defender and journalist. Observations Responses to communications 442. The Special Rapporteur thanks the Government of Kuwait for responding to all the communications sent during this reporting period. He is grateful for the cooperation extended to the mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). 443. The recent cases in the State of Kuwait suggest that the space for the exercise of the rights to freedom of association and freedom of expression and opinion by civil society, including political dissent, in the country is restricted. Particularly, the criminalization of criticism of the Government or political leadership, including under article 25 of the Penal Code of Kuwait, which has been used in this regard. 444. In connection with the cases of the former representative of the People’s Assembly of the State of Kuwait, Mr. Musallam Al-Barrak, and the human rights defender, Mr. Fairouz Abdullah Abd al-Kareem, the Special Rapporteur thanks the Government for its detailed replies of 14 September 2015 and 11 February 2016, respectively (KWT 5/2015 and KWT 7/2015). However, the Special Rapporteur reiterates his serious concern that the arrest, detention and conviction of Mr. Al-Barrak and Mr. Al-Kareem are related to the exercise of their rights to freedom of expression and opinion and freedom of association in light of alleged criticism of the Emir of Kuwait. 445. Regarding the case of Mr. Nawaf al-Hendal, the Special Rapporteur welcomes his acquittal and that of 10 other defendants on 1 March 2016 (KWT 2/2015). However, he remains seriously concerned that his prior arrest, detention and the charges issued against him were acts of intimidation and reprisal in response to his work at the UN Human Rights Council and monitoring protests in the country. He reminds that international law provides for a right to unhindered access to and communication with international bodies on matters of human rights and fundamental freedoms. This right is derived from the human rights to freedom of expression, association, assembly and movement contained in international human rights instruments and in customary international law. The right to unhindered access to and communication with international bodies is also explicitly recognised in the Declaration on Human Rights Defenders and is codified in specific provisions applying to certain UN human rights treaty bodies. Enjoyment of this right implies that those accessing or attempting to access or communicate with these bodies should not face any form of intimidation of reprisal for doing so. The Special Rapporteur urges the Government of Kuwait to respect these rights and to refrain from any reprisals against persons or organisations engaging with the United Nations within the field of human rights. 65