KUWAIT CITY, Jan 29: In a significant ruling, Kuwait’s Criminal Court, under the presidency of Judge Dr. Khaled Al-Amira, has rejected a French request to extradite and prosecute Abdul Karim Ahmed, a man wanted in connection with the deadly 1982 bombing of an Israeli restaurant in Paris.
The decision, delivered after heated legal arguments, underscores Kuwait’s commitment to safeguarding defendants’ rights under its International Cooperation Law No. 79/2025. Ahmed’s lawyer, Abdul Mohsen Al-Qattan, successfully argued that extradition would violate key protections against retroactive application of laws, potential unfair trials, and inhumane treatment.
Al-Qattan told the court that the French request focuses solely on verifying extradition conditions, not proving the accusations. He invoked Article 5, Paragraph 10 of Law No. 79/2025, which bars extradition if the suspect faces risks of torture, cruel punishment, or inadequate fair trial guarantees. Drawing on international legal precedents—including French legislation, the International Covenant on Civil and Political Rights, and the Geneva Conventions—the lawyer emphasized that laws cannot be imposed retroactively on events over 40 years old, as this erodes acquired rights and the principle of justice.
The Public Prosecution had pushed for Ahmed’s handover, citing charges of murders, attempted murders, and logistical/reconnaissance roles in operations meant to disrupt public order. However, the court ruled that processing such requests only checks legal prerequisites and defends the accused’s rights, without validating claims.
In its detailed reasoning, the bench highlighted the passage of more than four decades since the alleged incident, which has led to lost evidence and an impaired ability to mount a proper defense. The absence of direct evidence linking Ahmed to the acts, combined with the prosecution’s timing, raised suspicions of political motivations tied to his past positions—potentially breaching Decree-Law No. 79/2025 on judicial cooperation.
Further bolstering the rejection, the court noted Ahmed’s stable, law-abiding residency in Kuwait since the 1990s, with no signs of fleeing justice. This stability, it said, supports preserving public order and ensuring any trial meets fairness standards.
The ruling reinforces Kuwait’s cautious approach to international extraditions, prioritizing human rights amid complex geopolitical histories.
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