Kuwait Court of Cassation principle number 562

The confession relied upon. Must be voluntary. Its being made as a result of torture, coercion or threats of either. Effect thereof. It is not considered so. - The court’s reliance on evidence derived from a confession. Consequence thereof. Its examination of the connection between it and the coercion alleged to have occurred, and its negation of that coercion through reasonable reasoning. - Failure of the trial court at both levels to refer to the defence recorded in the papers that the confession was invalid as a result of assault by beating by police officers, as well as the injuries corroborating it which were described in the forensic medical report, and its failure to ascertain the extent to which a connection existed or did not exist between them and the aforementioned confession. Effect thereof. Deficient reasoning and unsound inference in the judgment, rendering it invalid; the other evidence on which it was based does not save it from invalidity. Reason: the mutual support of evidence in criminal matters.