International legal team composed of Omnia Strategy LLP, Crowell & Moring LLP, Doughty Street Chambers, and 4 New Square

Cases
Location of case in SG report
2020-066-001
Relevant SG report
Year of the report
2020
Country Geolocation

Latitude: 29.31166

Longitude: 47.481766

Country Geolocation (linked Cases)
Kuwait
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
11 September 2019
Type of record
Named organization
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

case of Ms. Maria Lazareva was presented to the Working Group on Arbitrary Detention by her legal team

Type of rights defended
  • Civil/political rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

engagement with the Working Group on Arbitrary Detention and the World Bank’s International Centre for Settlement of Investment Disputes; referring to the complaints filed against Kuwait before the UN

Engagement with UN body
  • UN Special Procedures: thematic
  • World Bank
Dates of engagement
Unclear
Type of attempted engagement
  • Submission of information to UN
Dates of mentioned reprisals
17 August 2019
Reprisal information

in a 17 August 2019 press release, the Kuwait Port Authority made a series of accusations and threats directed at the international law firms, referring to the complaints filed against Kuwait before the UN (KWT 4/2019). The case of Ms. Maria Lazareva, a Russian Federation national and Vice Chairperson and Chief Executive Officer of KGL Investment Company (KGLI), was presented to the Working Group on Arbitrary Detention by her legal team. She had been accused of criminal activity relating to services KGLI provided to the Kuwait Port Authority and concerns about the lack of fair trial guarantees provided to her were raised by the Special Rapporteur (KWT 4/2019).

Types of reprisals suffered
  • Defamation / Defamation campaign
  • Threats/Intimidations (incl. "fear of reprisal")
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
18 October 2019; 22 July 2020
Government response content

The Government denied allegations of reprisals against the international legal team, which it states has enjoyed cooperation with the Government and international bodies without hindrance; On 22 July 2020, the Government responded to the note verbale in connection to the present report, reiterating its previous points and indicating that the press release of the Kuwait Port Authority, which was issued in response to those of the legal team, did not include any threats and was a reaction to statements and defamatory campaigns aiming to challenge the judicial system and to intimidate and obstruct the course of justice.

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
1
In which SG report was this case followed up on? 0
2021
Follow up information provided in SG report 0
  1. The case of international lawyers working for law firms Omnia Strategy, Crowell & Moring, Doughty Street Chambers and 4 New Square was included in the 2020 report of the Secretary-General 187 on allegations of threats and stigmatization following their engagement with the UN Working Group on Arbitrary Detention and the World Bank’s International Centre for Settlement of Investment Disputes in their representation of the case of Ms. Maria Lazareva (KWT 4/2019).188
  2. In its 25 November 2020 Opinion, the Working Group on Arbitrary Detention noted from the individual communication submitted to it that the legal team had been threatened by the Kuwait Port Authority for filing complaints to the UN special procedures on the case of Ms. Lazareva (A/HRC/WGAD/2020/60, paras. 48–50). According to the source of the communication, the press release of the Port Authority equated the work of the legal team, including its legitimate engagement with UN special procedures, with “treason” and “warned” of the consequences for working on her case. The Government contested these allegations, recalling the principle of freedom of the press guaranteed in the Constitution. It also contested the veracity of the statements made by the source of the communication, which they noted had misrepresented the facts (para. 72). On the alleged reprisals against the legal team, the Working Group noted that it was not convinced by the Government’s response as it did not provide evidence (para. 95).
  3. The Working Group referred the matter to the Special Rapporteur on the independence of judges and lawyers for further consideration and appropriate action (para.106). On 1 February 2021, the Special Rapporteur addressed the alleged intimidation and reprisals against the legal team, expressing concern at the reported systematic intimidation and harassment faced as a result of the legitimate exercise of their professional functions (KWT 1/2021). On 1 February and 22 March 2021, the Government responded, rejecting the allegations that Ms. Lazareva’s legal team may be exposed to reprisals because of it resorting to international bodies. It contended that this was confirmed by the lawyers’ repeated visits to the country and the cooperation by the State of Kuwait with any inquiries from international bodies, in all openness, on this subject.189
  4. On 27 July 2021, the Government responded to the note verbale sent in connection to the present report reaffirming that the allegations contained in this annex are erroneous and rejected them categorically. With regard to the opinion by the Working Group on Arbitrary Detention, the Government stated that it had provided a comprehensive response, including corrections and clarifications. The Government also expressed its objection to the opinion of the Special Rapporteur on the independence of judges and lawyers who in its view had formed a preconceived belief regarding the credibility of the complainant and made a statement on Twitter against Kuwait and in support of the complainant’s point of view before he sent his communication requesting clarifications. The Government reiterated that the allegations reported to both the Working Group and the Special Rapporteur are false and fabricated.
  5. Regarding the statement from the Kuwait Ports Authority cited by Ms. Lazareva’s legal team, the Government stated that it was not issued without reason, but as a reaction to the statements and declarations made and the smear campaign carried out by the public relations departments of certain law firms whose aim was to undermine Kuwait’s judicial system and the country’s economic and investment security, and to raise doubts regarding the integrity of several officials. The Government stated these firms sought to defame the Kuwait Ports Authority, including by threatening to resort to the UN in an attempt to intimidate, obstruct justice and influence the judiciary’s decision. The Government further stated that Kuwait allows Ms. Lazareva’s international legal team to visit the country to do interviews without any hindrance, and that they did not lodge any complaints with the competent authorities in Kuwait, including the judiciary
Followup Trends 0
Stayed same
Date of follow up 0
1 February 2021
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General