Geneva – The continued detention of Kuwaiti-American journalist Ahmed Shihab-Eldin since 2 March, while visiting family in Kuwait, constitutes a serious violation of freedom of expression and press freedom. It reflects a troubling escalation in the use of national security laws and vague penal provisions to punish reporting on public affairs, especially given the lack of transparency about his legal status and the circumstances of his detention.
Shihab-Eldin's detention is likely a direct response to his journalistic work and his publication of content on military and security developments of clear public interest, including material already in the public domain, such as a video clip showing the crash of a US F-15E fighter jet near a military base in Kuwait.
The reported charges such as "spreading false information," "undermining national security," and "misuse of a mobile phone" reflect a pattern of vague, broadly worded provisions used to criminalise peaceful expression and penalise the circulation of public information, without showing any specific or genuine threat that could justify exceptional restrictions on freedom of expression and access to information under international standards of legality, necessity, and proportionality.
Detaining a journalist for publishing information or materials already publicly available cannot be justified merely by invoking "national security". International law permits restrictions on freedom of expression only under strict conditions
Euro-Med Human Rights Monitor stresses that detaining a journalist for publishing information or materials already publicly available cannot be justified merely by invoking "national security".
International law permits restrictions on freedom of expression only under strict conditions. The restriction must be clearly provided by law, pursue a legitimate aim, and be strictly necessary and proportionate. The state must also identify the precise nature of the alleged threat in an individualised manner and demonstrate a direct and immediate connection between the expression and that threat.
Accordingly, general references to the sensitivity or political nature of information are insufficient to remove journalists' protections, particularly when the publication concerns matters of public interest.
This case raises additional concern in light of Decree-Law No. 13 of 2026 on securing and protecting the supreme interests of military entities, which Kuwaiti authorities presented as a tool to safeguard those interests. However, the decree establishes an overly broad framework that imposes secrecy on information and data related to military affairs, prohibits their publication or circulation, and imposes severe criminal penalties, including imprisonment for several years in some cases.
Such measures risk criminalising investigative journalism, independent media coverage, and public commentary on security and military issues. They also deter journalistic work, reinforce self-censorship, and undermine the public's right to access information.
If Shihab-Eldin's detention is based on his peaceful exercise of freedom of expression and his journalistic work, it constitutes arbitrary detention prohibited under international human rights law, since it stems from the exercise of a protected right rather than conduct that could lawfully justify deprivation of liberty.
His continued detention, in the absence of transparency about its legal basis, the nature of the charges, his procedural status, and whether he has been able to contact a lawyer and his family, raises serious concerns about violations of the rights to liberty and security and of fair trial guarantees. These include the right to be promptly informed of the reasons for arrest and the charges against him, and the right to effectively challenge the legality of his detention.
Shihab-Eldin's arrest comes amid a tense regional context marked by increasing restrictions on media in Kuwait and several Gulf countries, including official warnings against publishing or circulating content on military and security developments and the detention of individuals on charges such as spreading "false news". This reflects a troubling trend of expanding restrictions on freedom of expression under the guise of national security.
An independent press is essential to transparency and accountability and to enabling the public to freely receive and share information on public affairs, particularly since the value of unrestricted expression is greatest in public debate on political issues and public institutions. Criminalising journalistic work, therefore, does not target journalists alone but also undermines society's right to transparency, accountability, and access to information.
Kuwaiti authorities must immediately and unconditionally release Ahmed Shihab-Eldin, unless he is promptly brought before an independent judicial authority on a recognised criminal charge under international law that is not based solely on his peaceful exercise of freedom of expression and journalistic work.
All charges related to Shihab-Eldin's journalistic activities must be dropped. His physical and psychological safety must be ensured, including protection from any form of ill-treatment or coercion. Euro-Med Monitor also calls for the immediate disclosure of his place of detention and the legal basis for holding him, regular access to his lawyer and family, appropriate medical care, and consular access if he so wishes. It further urges an independent and transparent investigation into the legality of his detention and any violations he may have been subjected to.
Kuwaiti authorities must stop using national security and publication laws to criminalise peaceful journalism and suppress journalists and media workers, thereby undermining transparency, accountability, and the public's right to debate and access information. An urgent review of Decree-Law No. 13 of 2026, as well as all related legislation, is needed to ensure full compliance with Kuwait's obligations under international human rights law and to prevent vague or overly broad provisions from being used to impose arbitrary restrictions on freedom of expression and of the press.
Euro-Med Monitor urges Kuwaiti authorities to ensure a safe, enabling environment for journalists, researchers, and activists, allowing them to cover public affairs, pursue issues of public interest, and express themselves freely without fear of detention, prosecution, or retaliation for their work or opinions. All individuals detained solely for peacefully exercising their right to freedom of expression, or for publishing or sharing information related to public affairs, must be immediately and unconditionally released.
