Lawyers cite seven benefits for society to avoid publishing drug-case rulings
The Kuwaiti Lawyers Association has called on its members to avoid republishing or highlighting court rulings in drug and psychotropic-substance cases in the media, saying such coverage can take the rulings out of their judicial and legal context and potentially send negative messages to society.
The circular comes as national efforts continue to combat drugs and psychotropic substances, with security, legislative and judicial efforts focused on limiting their spread and cutting off their sources.
According to a survey, a number of lawyers have supported the circular, stressing that it does not affect the right to defense, which they described as an original and fundamental right.
The lawyers said avoiding the promotion and publication of drug-related rulings represents a form of community support for efforts to combat drugs, extending the response beyond the security and judicial dimensions to the broader social sphere.
They identified seven key benefits of avoiding the publication or promotion of such rulings:
- Community contribution: Supporting society’s role in confronting the spread of drugs.
- Regulating media coverage: Establishing greater discipline in the way court rulings are presented in the media.
- Justice and social responsibility: Reinforcing the principles of justice and responsibility within society.
- Closing loopholes: Limiting the ability of individuals to exploit perceived legal loopholes.
- Preserving deterrence: Maintaining the deterrent effect intended by the law.
- Rejecting impunity: Affirming that there should be no impunity.
- Protecting privacy: Safeguarding the privacy of defendants.
The lawyers’ position is that the circular seeks to balance respect for the right to defense with responsible handling of drug-related court rulings, as part of broader national efforts to confront the issue.
Dr. Khaled Al-Suwaifan, Secretary of the Kuwaiti Lawyers Association, said, “Confronting drugs is a national responsibility in which security, judicial and legal roles are integrated. The lawyer has a duty to defend rights and freedoms, but also bears a professional and societal responsibility to protect society.”
Attorney Jumana Behbahani said, “The circular seeks to balance the lawyer’s societal responsibility with his right to practice his profession. Defending an accused person means protecting the right to a fair trial and ensuring the proper application of the law, not justifying the crime or minimizing its seriousness.”
Alaa Al-Makhial, lawyer, said, “Publishing detailed drug-case rulings may reveal methods of arrest, ways of committing crimes or legal loopholes that could be exploited in the future. A lawyer’s responsibility extends beyond the courtroom to how professional information is handled.”
Obaid Al-Anzi, lawyer opined that, “The decision is correct because publishing some acquittal rulings may give the impression that escaping punishment is possible, potentially encouraging some to enter or remain in the drug trade. Publication can also compromise the privacy of defendants and their families.”
Attorney Faisal Al-Ghariba, lawyer stressed, “Highlighting drug-case rulings may create an impression that committing such crimes does not necessarily result in deterrent punishment. Preserving the deterrent effect of the law is therefore essential to the national effort against drugs.”
