A/HRC/43/51/Add.3 to freedom of opinion and expression while carrying out his legitimate human rights activities. 680. The Special Rapporteur reminds the Government of Jordan of Human Rights Committee, General Comment No. 34 on freedom of opinion and expression, which states that Article 19(3) ICCPR may never be invoked as a justification for the muzzling of any advocacy of democratic tenets and human rights. The Special Rapporteur is concerned that defamation charges in Jordan are being used to silence human rights defenders and highlights that states have an obligation to ensure protection of everyone against violence, threats, retaliation, de facto or de jure or any other arbitrary action as a consequence of their legitimate exercise of their rights. Kuwait 681. JAL 05/07/2019 Case no: KWT 2/2019 State reply: 06/08/2019 Allegations concerning an online campaign against Ms. Ebtehal Al-Khateeb, after speaking out for the rights of the Bedoon minority in Kuwait. 682. JUA 23/08/2019 Case no: KWT 3/2019 State reply: 23/08/2019 (A); 11/10/2019 Allegations concerning the arrests and detention of human rights defenders in connection with their peaceful advocacy on behalf of the Bedoon community in Kuwait, as well as allegations of torture and ill-treatment against them. 683. The Special Rapporteur thanks the Government of Kuwait for its replies to the communications sent in this reporting period, noting that the translation of the reply dated 11 October 2019 has not been received yet. The Special Rapporteur looks forward to reading the Government’s response in the future and continuing effective dialogue with the Government. 684. The Special Rapporteur remains concerned about the challenges and risks faced by human rights defenders advocating for the rights of the Bedoon minority in Kuwait, in particular by exercising their rights to freedom of expression and peaceful assembly. This apparent trend is reflected in both communications mentioned above. Similar concerns have also been raised by the Special Rapporteur in previous reporting periods. 685. The Special Rapporteur is seriously concerned about the allegations of an online attack against Ms. Ebtehal Al-Khateeb, after delivering a speech highlighting ongoing violations against the Bedoon minority in Kuwait and demanding their civil, political and other fundamental rights to be respected. The Special Rapporteur takes note of the Government’s reply to this communication, including information on Ms. Al-Khateeb’s right to file a complaint at the Office of the Public Prosecutor. However, he regrets that it did not include specific information concerning the review of the tweets which reportedly targeted Ms. Al-Khateeb with the use of “doxing” (a practice where users post an individual’s personal and/or family information online, in this case with the intent of causing them harm). 686. While awaiting the translation of the Government’s reply to his communication sent on 23 August 2019, the Special Rapporteur expresses serious concern about the wave of arrests and detention of Bedoon rights defenders in general, which appear to be a direct result of their activities in defence of the rights of the Bedoon minority as well as their exercise of the rights to freedom of peaceful assembly and freedom of expression. Further to this, he is concerned that the human rights defenders appear to be targeted simply for their belonging to the Bedoon minority. The Special Rapporteur is alarmed by the allegations received indicating that torture and/or cruel, inhuman or degrading treatment may have occurred during the detention of the defenders. 687. The Special Rapporteur acknowledges the information provided in the response by the Government to KWT 2/2019, concerning the public services available to members the Bedoon minority but deeply regrets that the Government continues to refer to said minority as “illegal residents”, despite the fact that persons belonging to the Bedoon minority have been living in Kuwait for generations. 93

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