Kuwait Times

Published Date: August 22, 2007
By Jamie Etheridge, Managing Editor

KUWAIT: Kuwaiti journalist Bashar Al-Sayegh was released on bail yesterday, two days after being arrested by State Security forces. "I'm doing very well, thank you," Sayegh told Kuwait Times by telephone yesterday evening after his release. When asked about his detention, he declined to speak, saying, "My lawyer will give a statement and I may meet (Prime Minster) Sheikh Nasser Al-Mohammad tomorrow (Wednesday).

Earlier yesterday, the Ministry of Interior said Sayegh's arrest "was lawful and upon orders of the General Prosecution. Acting Interior Undersecretary Major General Ahmad Al-Rujaib, in an unusual move for the Interior Ministry, held a press conference on the arrest of Sayegh and fellow journalist Jassim Al-Qames.

The two were arrested Saturday evening in front of the headquarters of Al-Jarida newspaper, where they work. Qames was released Sunday but Sayegh was transferred to the public prosecution and held until yesterday.

Rujaib denied press claims that Sayegh had been kidnapped. Rujaib explained that the reporter, who is a senior editor in Al-Jarida, was arrested after someone posted a comment insulting the Amir on Sayegh's personal website, www.alommah.org. The capital prosecution office said yesterday the anonymous poster had also been arrested. The writer, who was not identified, works at the Ministry of Defense.

He allegedly confessed before the capital prosecutor Mohammed Al-Duaij that he had written the comments with the aim of "criticizing and guiding". Moreover, informed sources said that security forces had arrested three other bloggers with handles of 'watani'(patriot), 'bo khodoud'(cheeky) and 'najm al-nahar'(day star). They were all referred for prosecution, while three others are absconding.

This is a national security crime ... as His Highness the Amir is the symbol of this country and is father to all ... his person is immune as stated in the second article of the law on inheriting rule, as well as article 54 of the constitution and article 25 of the criminal law," Rujaib said.

Article two of Kuwait's law on inheriting rule states "The Amir is the head of the state. His person shall be immune and inviolable, and his title is 'His Highness the Amir of Kuwait'." The constitution's 54th article stipulates "The Amir is the head of the state. His person shall be immune and inviolable." As for article 25 of the criminal law, it states that a prison term not exceeding five years will be handed down to anyone who publicly challenges the rights or authorities of the Amir or insults him -
whether in speech, writing, drawing, or any other means of expression.

Rujaib added that the arrest of Qames was over "obstructing security personnel while carrying out their duties as stipulated by article 135 of the criminal law ... he was released a few hours later." Qames said he'd been slapped and insulted by the State Security detectives but Sayegh made no such claims. Sayegh gave State Security and the Public Prosecution the IP address of the anonymous poster.

Responding to calls to dismantle the state security department, Rujaib stressed that the department was very vital for any state. "It forms the eye that never sleeps in protecting the nation's security, in political, social and economic fields," he explained, pointing out that it existed all over the world.

Asked whether Sayegh's arrest was meant to convey a message against the freedom of the press, Rujaib stressed that press freedom was fully observed, yet reminded that journalists could be arrested for other reasons. "Meanwhile, police officers could be arrested for any reason as well," he added, underlining that no violations took place during Sayegh's arrest. On whether he believed that the issue had been politically motivated by some MPs, Rujaib said, "I am a security official and a politician should answer this question.

Sayegh's attorney Fahhad Al-Ajmi stressed that the public prosecution had handled the case very professionally and that his client had been given ample opportunity and time to defend himself. "My client repeatedly denied all charges and stressed that he was merely the blog supervisor," explained Ajmi, pointing out that according to Sayegh, one of the blog supervisors had removed the comment as soon as he saw it. "Thus, the whole case of insulting HH the Amir and violating the press law is groundless," he said.

Speaking with Kuwait Times, Al-Sayegh sounded composed and calm. "I will return to the newspaper tomorrow (Wednesday)," he said. (Hanan Al-Saadoun and A Saleh contributed to this report)