The Kuwaiti judiciary is determined to promote human values in the area of freedom and has issued instructions that prisoners when they are brought into the courtroom for a hearing must not be handcuffed or leg-cuffed.
A number of criminal court circuit judges, when presiding over the trial sessions, stressed that this matter should not be repeated, and directed their messages to the prison guards that cuffing is prohibited and is not legally permissible.
A well-informed source told a local Arabic daily that the refusal to use cuffs on prisoners when they are in the courtrooms sends several messages, the most prominent of which is that the accused must feel completely free before the judge, following the principle of “the accused is innocent until proven guilty,” in addition to the fact that the accused must say everything he wants and feel free, even if he is a prisoner, when the cuffs are in place a kind of fear creeps into him and weakens his argument in expressing what he wants to say.
The source added, “This does not mean that a prisoner cannot be handcuffed when he is outside the courtroom. This principle is applicable only when the prisoner is produced before the judge.