In reply to article published by alamalyawm -Kuwaiti Arabic daily- entitled "oh, Justice Minister: respect the judicial judgments", the Ministry of Justice "MOJ" affirmed that judicial judgments have reverence and respect as well as they should be inevitably enforced whatever the entity against which they have been issued. The article argued that MOJ refused to issue marriage contracts for a citizen who marries a Bedoun "stateless Arab" girl despite the judicial judgments affirming this kind of marriage. MOJ affirmed that it is not true that MOJ refused to implement the said judgments and the issues of those "stateless Arabs" do not subject to MOJ but subject to "the Executive Committee for Illegal Residents' Affairs" which is granted the power to issue decisions that should be implemented by all governmental entities. Such committee is the sole entity that can deal with and give opinion on the said category of people and to which all governmental entities should refer in any issue related to the Bedouns as per the Circular issued on 12/12/2007, letter No.5/320 by the General Secretariat- Council of Ministers- that optimizes the role of the Executive Committee and underlines that all governmental entities should be obliged by the provisions of the Decree No. 58/1996. Moreover, according to MOJ, the Department of Legal Authentications at MOJ is the specialized body to authenticate and legalize contracts of marriage in accordance with the terms and conditions set forth in the law concerned with the authentication and the ministerial and administrative decrees regulating this matter, for example the last ministerial Decree No. 142/2002. So, it is necessary to provide all documents and requirements required to certify marriage contracts by virtue of the judicial judgments, including the judicial final judgment with the operative part attached thereto, a certificate denies any appeal or cassation-according to level of judgment- to the said judgment, the appearance of the couple or a proxy for any of them and identification document of the bride or the bridegroom like the civil ID and nationality certificate for the Kuwaitis and passport for non-Kuwaitis. As to this category "the illegal residents", it is required to address the executive committee to determine the nationality of the applicant pursuant to the above-mentioned Decree No. 58/1996. Finally, MOJ asserts that its Department of Legal Authentications could not violate the decisions issued by the cabinet that require referring to the specialized committee on any matter related to this category of people and will not breach any judicial judgments as long as they are consistent with the provisions of Law No. 4/1961 on Authentication amended by Law No.100/1965.

Source:   alamalyawm        Date:    27/1/2010