by Yesim Usluca
Impunity Watch Reporter, Middle East

KUWAIT CITY, Kuwait — Kuwaiti attorney, Adel Abdulhadi, filed a challenge against the constitutionality of the country’s DNA collection law.

Kuwaiti attorney challenges constitutionality of DNA collection law (Photo courtesy of Thomson Reuters)

In his filing, Mr. Abdulhadi argued that the DNA collection law violates “fundamental human rights and personal freedoms protected and sacred by the Kuwait constitution.” He stated that “compelling every citizen, resident and visitor to submit a DNA sample to the government is similar to forcing house searches without a warrant.” He asserted that the law means “every single person is now considered a suspect until proven innocent.” Mr. Abdulhadi further stated that the government has already started collecting DNA samples from individuals they suspect falsely claimed Kuwaiti nationality.

The DNA collection law, which was passed in July 2015, is expected to go into effect in November 2016. It is the first law of its kind around the world, and would require all Kuwait citizens, expatriates and temporary visitors to provide DNA samples for the government’s database. Furthermore, all Kuwait citizens applying for passport renewals will be required to submit DNA samples. Kuwait officials stated that the law is a security and counterterrorism measure in response to the suicide bombing at a mosque in Kuwait which killed 27 and injured hundreds of others. Officials further indicated that the law will help facilitate solving crime and terrorism cases. Mr. Abdulhadi criticized these explanations by stating “terrorism is in the mindset of the person, and you can’t minimize this by restricting the privacy of people.”

The DNA samples of over 1.3 million citizens, and 2.9 million expatriates and temporary visitors from other countries would be collected through saliva swabs or a few drops of blood. The samples would then be entered into a database and stored in a laboratory at the General Department of Criminal Evidence. Anyone who refuses to provide a sample could be fined $33,000 or sentenced to one year in prison. Furthermore, any individual who is caught faking samples could be sentenced to up to seven years in jail.

Several international organizations urged the Kuwait government to change or amend the law before it goes into effect. The European Society of Human Genetics declared that the law is a “serious assault on the right to privacy of individuals.” The Society further noted that the law will most likely result in Kuwait’s isolation from scientific research. The United Nations’ Human Rights Committee as well as the Human Rights Watch stated that the law “imposes unnecessary and disproportionate restrictions on the right to privacy.” In addition, scientists and security experts criticized the law as a “huge attack on genetic privacy,” and voiced their concerns over the law while urging Kuwait to amend it.

For more information, please see:

Zawya (Thomsan Reuters)—Lawyer files challenge against constitutionality of the DNA law—22 September 2016

International Business Times—Kuwait lawyer challenges constitutionality of world’s first controversial mandatory DNA collection law—23 September 2016

Middle East Monitor—Kuwaiti lawyers challenge forced DNA sampling law—23 September 2016

New Scientist—Kuwait lawyers fight world’s first mandatory DNA sampling law—22 September 2016

Author: Impunity Watch Archive