Cannabis Freedom Index
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Death penalty 🇰🇼 Kuwait

Kuwait expands death penalties for drug trafficking and repeat offences

An amendment expanded capital punishment for drug importation and trafficking, with a contemporary Philippine government notice reporting commencement in August.[1][3] That notice warned departing workers that repeated smuggling, manufacture and growing drug plants attracted mandatory death.[1] Kuwait’s judicial institute also records the amendment’s three-month transition and the rule that harsher penalties could apply only to later conduct.[4]

Index score

20

−2 points

The story

Kuwait expanded capital punishment for drug trafficking in 1995. A contemporary Philippine government notice warned workers leaving for Kuwait that the new penalties included mandatory death for repeat drug offences, including smuggling and growing drug plants. It reported that the change had taken effect in August.[1]

Parliament had rejected an earlier proposal

The change followed an unsuccessful proposal in 1994. Amnesty International reported that a bill extending death penalties passed its first parliamentary reading but failed to gain a majority at the second.[2]

That proposal would have made death an option for importing or manufacturing drugs for commercial purposes and for growing drug-producing plants. It also proposed mandatory death in specified aggravated cases. The parliamentary disagreement preceded the broader penalties adopted the following year.[2]

The later law raised the stakes for traffickers

Kuwait’s Interior Ministry identifies the 1995 amendment as a step that increased punishment for drug importation to death. Its account places the change after the country’s separate 1983 narcotics and 1987 psychotropic-substance laws.[3]

The Philippine Overseas Employment Administration circulated its warning as part of travel advice and departure briefings. It asked officials to tell workers about the harsher penalties before they travelled, showing how the change also became a concern for people entering Kuwait for employment.[1]

Harsher penalties could not be backdated

Kuwait’s judicial training institute reproduces a Court of Cassation ruling about the amendment’s timing. The court said the law’s three-month transition mattered: the new rules could apply only to conduct after that period had expired.[4]

In the case discussed, importing drugs for personal consumption fell under the earlier maximum of five years. The court upheld the legal basis for a suspended two-year sentence under the older rule. The example shows why the applicable law depended on when the offence occurred.[4]

A combined statute later retained capital penalties

The 2025 replacement drug law brought narcotics and psychotropic substances into one statute. It retained death or life imprisonment for specified trafficking conduct, with separate penalties for personal use and unpaid supply.[5]

The Kuwait profile explains those later rules. The 1995 change remains a major point in the history because it widened the circumstances in which drug offenders could face execution.

Score by segment 0 to 10

  1. Possession · 25%0 0
  2. Personal cultivation · 25%0 0
  3. Punishment & enforcement · 20%1 0−1
  4. Sharing & gifting · 10%0 0
  5. Consumption · 10%0 0
  6. Legal access · 10%0 0

The bar shows the score after the change; the tick marks where it stood before. The scores after the change are Kuwait's current scores.

References

  1. Philippine Overseas Employment Administration — stiffer drug penalties in Kuwait1995 · Memorandum Circular 53 of 7 September 1995, reproduced from National Administrative Register vol. 6 no. 3; reports 23 August commencement and mandatory death in repeat cases
  2. Amnesty International — Kuwait, annual report 1995 covering 19941995 · Drug-law amendment proposal: legislative committee, March first reading and failed second reading in 1994
  3. Kuwait Interior Ministry — drug-law prevention guidanceOfficial discussion of the 1983 and 1987 laws and Law 13/1995 expanding punishment for importation to death
  4. Kuwait Institute for Judicial and Legal Studies — judicial organisation and criminal-law timingDiscussion of non-retroactivity and Court of Cassation quotation on Law 13/1995: three-month transition; non-retroactivity discussion, footnote 58
  5. Kuwait — enacted drug-control decree-law of November 20252025 · Articles 24, 32, 34–36, 42–44, 49, 52, 63–66 and 83–84; signed 24 November; public statutory reproduction without attached schedules

Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.

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