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Court Declares Person Missing Since 4 Yrs Died Abroad In ‘armed Conflict’
The Court of Appeals overturned the verdict issued by a lower court which disapproved the death of a missing person. The court instead affirmed his death and the consequences thereof.
Representing the plaintiff was Lawyer Bader Munawar Al-Mutairi, who explained that all the clues shown in the documents in the case file were corroborated by the testimonies of the witnesses that were heard in the court. As per the testimonies, the person has been missing for four years, and nothing is known about him except that he left the country to Turkey and then entered Syria.
Investigations revealed that the missing person joined an armed group and has an arrest warrant from (Interpol), due to his affiliation with jihadist groups.
A fact known to the public is the unrest and the dangers in Syria during that period, rendering it difficult to prove his death under the circumstances that prevailed in that region at that time, and not overlooking the fact that the person hasn’t made any contact for the last four years despite efforts to reach him through media.
Lawyer Al-Mutairi indicated that the person is most likely dead, pursuant to article 146 of the Personal Status Law. Considering that the Court of Appeals reassured the plaintiff by ruling to prove the death of the missing person and the consequences thereof, Lawyer Al-Mutairi praised the Kuwaiti judiciary, affirming that it will always be a beacon of right and justice. He appreciated its important role in establishing and consolidating the principle of the rule of law and preserving the rights of individuals from loss.
SOURCE ARABTIMES KUWAIT
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