Kuwait Court of Cassation principle number 3547

Relationship of subordination. Its basis. The actual authority vested in the superior to supervise and direct the subordinate, whether or not the superior exercises that authority. It suffices that the subordinate’s unlawful act occurred in the performance of his duties or by reason thereof. The superior’s liability arises even if the subordinate cannot be identified from among his subordinates. - The criminal judgment acquitting those whom the Public Prosecution charged with torturing the respondent to compel him to confess. Its binding authority is confined to negating proof of the assault against those persons, without extending to negating the commission of that act by other subordinates of the appellant, even if the perpetrator cannot be identified from among his subordinates. His liability arises for his subordinates’ unlawful act. The challenged judgment’s adherence thereto. No defect.