Suspects' rights and police malpractice in the pre-trial process of the Kuwait criminal justice system

• Main Author: Al-Oumi, Noura
• Published: University of Leeds 2013
• Subjects: 345.5367056
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.595669

Suspects' who are held in police stations are safeguarded under the Constitutional rights of the accused in Kuwait. Despite those rights, little is known about how the police exercise their power or treat suspects held in Kuwait police custody. This thesis attempts to investigate the judicial police power with regard to detention. It also assesses the extent of the rights and fair treatment given to suspects in police custody. In particular, the thesis focuses on police discrimination against Bedoons and foreign labourer suspects. This study looked at the human rights standards in relation to police detention power and suspects' rights in police custody. This research also examines the England and Wales legal system with regard to police detention power and safeguarding suspects' rights in police custody. The aim is to suggest policies that could be feasibly transferred to Kuwait. This study was based not only upon a thorough legal analysis, but also adopted a qualitative research approach by gathering data through in-depth face-to-face interviews with thirty law enforcement officials, including lawyers. The research sought to examine police detention power as set in the Criminal Procedures and Penal Code No.17/l960 (CPPC), which included a legal evaluation within the human rights standards. In addition, the research sought to explore the sociopolitical culture of Kuwait in order to understand its culture and its impact on the legal system. This study raised a number of questions concerning police occupational culture, accountability, police interrogation techniques. and suspects' rights while in police custody in Kuwait. The research found a distinct gap between the abstract rules outlined in the Constitution and actual police practices. This study uncovered police malpractices in Kuwait and police discriminatory behaviour against Bedoons and foreign labourers. Finally. the thesis suggests some approaches that might be feasible for improving the current situation in Kuwait by drawing upon the experiences of England and Wales. These include establishing the role of a custody officer, enhancing external supervision, implementing tape recording and improving the quality of legal advice