If the offence in question is punishable by death in the requesting state, extradition is only permissible under Section 8 IRG if assurances are given that the death penalty will not be carried out. This also means that extradition can occur even though the death penalty is imposed. In Kuwait, the death penalty is imposed for some crimes. It was officially last carried out in 2017.
Torture and inhuman and degrading treatment preclude extradition from Germany under Article 3 ECHR. Human Right Watch reports that Kuwait, unlike its neighbours, allows human rights defenders access and engages in official dialogue with them.
Civil and women’s rights:
According to the Foreign Office, freedom of expression and the press are constitutionally guaranteed in Kuwait and are also exercised with a few restrictions. Only criticism of the person of the Emir, the ruling family, and the denigration of religion are prohibited.
Since 2021, pre-trial detention may no longer be ordered in cases that could involve restrictions on freedom of expression. Nevertheless, activists are prosecuted for statements that are classified as offensive. Activities on social networks serve as the basis for arrest warrants.
Women are at a distinct disadvantage, especially in family law. They need the consent of their male guarding for many decisions and are supposed to obey their husbands. Rape, abduction, and abuse remain unpunished if the male guardian of the female victim consents to a marriage between victim and perpetrator.
Extramarital sexual relations between men are also punishable by imprisonment. There is a law that criminalises the impersonation of the opposite sex. Thus, transgender people in Kuwait have to expect criminal consequences.