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Compensation for man jailed wrongly – Ministry ordered to pay KD 250,000
March 11, 2014, 10:39 pm
A Kuwaiti man was awarded KD 250,000 by the appeals court as a compensation after he served one year in prison over crimes he never committed. The man was reportedly arrested on July 2001 on drug-related cases and other charges including evading arrest, and was told that he had already been convicted in absentia and sentenced to five years in prison.
The only issue was that the man had never heard of those cases before, according to his attorney Mohammad Al-Majedi. He could not appeal the sentence at the time because the deadline to file the appeal had already expired at the time of his arrest. He was released on parole after serving one year in prison, during which he memorized the Holy Quran, which helped him get early release. But while finishing his release procedures, the man was handed over his passport which he had lost before going to jail.
He then discovered that the passport was forged, and that his picture was replaced by that of a strange man. It was later revealed that the forger had impersonated the man and committed the crimes he was convicted for.
According to the sentence in 1999, the suspect was admitted at the Adan Hospital where blood and urine sample tests came positive for hashish and morphine. The man reportedly managed to escape before police could put him under arrest.
The impersonator was reportedly hospitalized after he was beaten up severely by four brothers, who had busted him inside their sister’s house. After discovering what actually happened, the man hired a lawyer and filed a case against the Interior Ministry for a procedural error which made him spend one year in jail for a crime he never committed, and allowed the true criminal to avoid punishment.
The case was reopened and in 2007, the criminal court sentenced the real offender to five years in jail over the previous cases, in addition to five more years for forgery.
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