Nov 23, 2010

Mohammed Abdulqader Al-Jassem





Journalist jailed for insulting PM

Published Date: November 23, 2010
By B Izzak, Nawara Fattahova, Staff Writers, Agencies




KUWAIT: The Court of First Instance yesterday sentenced leading Kuwaiti writer and journalist Mohammed Abdulqader Al-Jassem to one year's imprisonment with immediate effect, with the veteran journalist subsequently condemning the sentence as "illegal" and predicting that it would be overturned at the appeal stage. Al-Jassem, who was found guilty of insulting and defaming His Highness the Prime Minister Sheikh Nasser Al-Mohammed Al-Sabah in an article published in 2009, attended yesterday's session accompan
ied by his attorney, Abdullah Al-Ahmad.


After the verdict was announced, Al-Jassem returned home to post his latest article, 'Imprisonment in the time of hypocrisy is a glory,' on his website and to prepare for his incarceration. In its ruling, the Court of First Instance stated that the jail term was effective immediately, meaning that the writer will be imprisoned until the Appeals Court issues its decision. "The police usually call me before coming to arrest me, as I'm a popular person and my residency is known," Al-Jassem told the Kuwait Tim
es. "They may call any time today or tomorrow and I'm ready to go.


Surrounded by his family, Al-Jassem seemed unperturbed by his sentence, despite its severity. "Today I submitted my appeal against the sentence, and I'm waiting for the court to set a date for my next session at the Appeals Court," he said. "I was surprised by the Court of First Instance's sentence as my lawyer presented a 60-page defense memorandum. I'm also surprised at why the court didn't take in consideration the recent sentence of the Supreme Court announced on October 25, 2010 regarding wrong proc
edure.


The article in which Al-Jassem was accused of insulting and defaming the premier was published on the journalist's website a year ago, with the case being filed against him in January of this year. The article in question alleged that Iranian intelligence was interfering in Kuwait's affairs through a leading businessman close to HH the Prime Minister. In the article, Al-Jassem in identified the businessman only as 'M', describing him as a Kuwaiti citizen of Iranian origin.


I think this sentence is illegal, and I'm sure that the Appeals Court will annul it," he asserted. "I think this sentence is a result of the political pursuit supported by the Prime Minister. The court ignored the Supreme Court's sentence in a similar case against me. Also, I see this sentence as being completely invalid as it was published in the media before being officially announced by the judge.


Speaking to other journalists after yesterday's verdict, the leading Kuwaiti writer said, "This is a political case. The Prime Minister has been trying for some time to suppress freedom of speech." Al-Jassem, who is also a lawyer, was previously accused of agitating for regime change in another article published on his website and in three books about Kuwaiti politics. In April, the Court of First Instance sentenced him to six months imprisonment for allegedly slandering the premier at a public rally, bu
t the Appeals Court overturned the sentence three months later.


Al-Jassem is also facing several other legal cases, mostly filed by HH the Prime Minister and alleging slander. In May, he was arrested and detained for 49 days on state security-related charges which alleged that he had undermined the status of His Highness the Amir Sheikh Sabah Al-Ahmad Al-Sabah and harmed national interests, meaning that the latest sentence will make this the third time this year for him to be incarcerated.


In his interview with the Kuwait Times, the veteran writer and journalist insisted that prison would not change him, adding that he intends to continue to perform his duty by writing articles whilst incarcerated. Al-Jassem stressed that he has no personal conflicts with or animosity towards the premier. "I have no personal interest or benefit and I'm being imprisoned for loving my country, and punished for not being a hypocrite in a time of hypocrisy," he stated. Putting a positive face on his upcoming
imprisonment, he added, "I think that prison will be an opportunity for me for meditation and a diet, if my colleagues in the prison allow me.


Meanwhile, liberal MP Aseel Al-Awadhi said yesterday that she will coordinate with other lawmakers and civil society organizations in a bid to amend all laws governing press and publications to abolish jail sentences against writers. Awadhi's announcement came after the lower court yesterday Al-Jassem's sentenced. "The people of opinion should not be sent to jail" Awadhi said in a statement. She however insisted that she was not objecting to the court verdict and to the principle that all people, including
officials, can resort to court seeking justice.


Awadhi said that she is seeking to amend the laws of press and publications, audi-visual and the penal code to ensure that writers and thinkers do not go to jail for expressing opinions. Awadhi expressed concern over the rising trend to chase people for expressing their views and political activists in Kuwait, adding that public personalities are increasingly becoming sensitive and less tolerant to criticism.


She stressed that those who accept public office should be receptive to criticism and should face opinions with opinions and objectively refute criticism as a key element of transparency. Awadhi said that she believes that the ceiling of criticism in politics should be higher than any other field. On his part, spokesman for the opposition Popular Action Bloc MP Mussallam Al-Barrak strongly criticized Prime Minister Sheikh Nasser Mohammad Al-Ahmad Al-Sabah for filing lawsuits against opponents.


It appears that Sheikh Nasser is consuming all his time chasing his critics rather than devoting time to running the affairs of the country" Barrak told reporters. The sentence against Jassem was issued over an article he posted on his website a year ago. Titled "Nasser the 17th", Jassem alleged that Iranian intelligence are interfering in Kuwait's internal affairs through a prominent Kuwaiti businessman of Iranian origin, who is also very close to the prime minister



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