Geneva – The continued detention of Kuwaiti-American journalist Ahmed Shihab-Eldin since 2 March, while visiting family in Kuwait, constitutes a serious violation of freedom of expression and press freedom. It reflects a troubling escalation in the use of national security laws and vague penal provisions to punish reporting on public affairs, especially given the lack of transparency about his legal status and the circumstances of his detention.

Shihab-Eldin’s detention is likely a direct response to his journalistic work and his publication of content on military and security developments of clear public interest, including material already in the public domain, such as a video clip showing the crash of a US F-15E fighter jet near a military base in Kuwait.

The reported charges such as “spreading false information,” “undermining national security,” and “misuse of a mobile phone” reflect a pattern of vague, broadly worded provisions used to criminalise peaceful expression and penalise the circulation of public information, without showing any specific or genuine threat that could justify exceptional restrictions on freedom of expression and access to information under international standards of legality, necessity, and proportionality.

Euro-Med Human Rights Monitor stresses that detaining a journalist for publishing information or materials already publicly available cannot be justified merely by invoking “national security”.

International law permits restrictions on freedom of expression only under strict conditions. The restriction must be clearly provided by law, pursue a legitimate aim, and be strictly necessary and proportionate. The state must also identify the precise nature of the alleged threat in an individualised manner and demonstrate a direct and immediate connection between the expression and that threat.

Read the full article on Kuwait: Authorities must release journalist Ahmed Shihab-Eldin immediately, cease criminalising journalism