Musallam al-Barrack, in a potent display of his political power, was able to attend a court hearing today and avoid arrest after being granted bail on KD5000. At the court hearing, the Judge was faced with barrack’s supporters who marched on the Palace of Justice with him, as well as 35 lawyers who showed up to defend him. In the end, the judge granted bail and adjourned the trial until May 13.
Barrack is walking a fine line – in court he denied that his speech insulted the Emir, but also said that if he had another chance he would say the same thing again. His lawyer, Mohammad al-Jassem said that sending him to prison would threaten his life, and sought more time to prepare a defense along with Barrack’s other attorneys. Al-Jassem is himself an activist who has been the target of attacks and legal action by the regime, including a few months ago when he urged other Gulf states including Saudi Arabia and the UAE to stay out of Kuwait’s internal affairs in an open letter posted on his blog.
To this point, Barrack has been successful in his defiance of the regime to the extent that he has been able to avoid being arrested on several attepts, including two where he refused to surrender on procedural grounds and once where he avoided arrest when his home was raided. After that raid he returned to his diwaniyya later amid cheering crowds that included tribesmen who were firing automatic weapons into the air in cheering him on. Amid this atmosphere the court hearing today was destined to be a showdown. Perhaps the regime hoped that Barrack would avoid attending the hearing and that an arrest warrant could be issued, but if this was the course of action that they sought he outmanuvered them by showing up and pressuring the judge to release him.
However, it is important to recognize that Barrack has defied the regime and to this extent succeeded because he has put them in a difficult position and has a great degree of international and local support. However, in a certain sense the fact that he has been able to escape arrest at this point is a sign of the breakdown of the judiciary’s independence. The regime has until this point allowed Barrack to escape arrest, but the numerous Twitter users who have been arrested and sentenced to similar sentences have not been so lucky. It is important that every case, in addition to Barrack’s receives the same degree of attention so that these violations of the protections guaranteed in Kuwait’s constitution by the regime will be prevented from continuing.