A/HRC/45/16/Add.2
recommendations issued in 2018 by the National Human Rights Committee in this regard,
which make it clear that the current system poses a serious threat to the independence of the
legal profession in Qatar. 11 The Working Group wishes to associate itself with these
recommendations, as well as with the recommendations made in the country visit report by
the Special Rapporteur on the independence of judges and lawyers. 12 The Working Group
calls upon the Government of Qatar to implement these recommendations effectively,
without delay.
Interpretation during legal proceedings
57.
According to the testimony received, many non-Qatari detainees who did not speak
Arabic had not been afforded adequate interpretation, either during their interrogation or
during trial. Many defendants were reportedly unable to communicate effectively with courtappointed lawyers, who provided some advice, primarily in Arabic. Equally, defendants were
unable to follow the trial proceedings in Arabic, as no effective interpretation was provided.
58.
Article 14 (3) (f) of the International Covenant on Civil and Political Rights requires
that all defendants charged with a criminal offence have the right to free assistance by an
interpreter if they cannot understand or speak the language used in court. A similar guarantee
is provided in article 72 of the Criminal Procedure Code, which states that although the
investigation is to be conducted in Arabic, the Public Prosecution will hear the statements of
parties or witnesses who do not speak the language, through an interpreter.
59.
The Working Group considers that all stages of criminal proceedings must be
conducted in a language understood by the defendant and that failure to do so renders the
proceedings fundamentally unfair. In addition, under article 14 (3) (b) of the International
Covenant on Civil and Political Rights, anyone charged with a criminal offence has the right
to adequate time and facilities for the preparation of his or her defence and to communicate
with counsel of his or her own choosing. This guarantee is not met when a defendant is unable
to understand and be understood by his or her lawyer.
60.
The Working Group urges Qatar to ensure that article 72 of its Criminal Procedure
Code is observed in practice, by providing proper interpretation when needed, and to review
all cases thus far in which interpretation was not provided, with a view to releasing persons
held without having been afforded due process.
Meaningful trial proceedings
61.
Many detainees described their hearings before the court as extraordinarily brief and
of a summary nature, lasting only a few minutes. According to the testimony received,
defendants were generally not permitted to address the court, even in cases involving serious
offences for which the maximum penalty was a lengthy term of imprisonment, and they were
also not allowed to present evidence. Some detainees described their proceedings as a mere
formality, with the conviction and sentence appearing to have been predetermined by the
judge.
62.
The Working Group recalls that an unduly short trial or appellate proceeding suggests
that a criminal defendant was not afforded the right to a fair hearing and to the presumption
of innocence, prescribed in article 14 (1) and (2) of the International Covenant on Civil and
Political Rights. The Working Group calls upon Qatar to undertake the necessary
professional training and supervision of prosecutors and judges, to ensure that they are aware
of the highest standards of fair trial guarantees, applicable under national and international
law, and to ensure that these are implemented effectively in practice, through meaningful
court proceedings that respect the right of the defendant to participate.
11
12
National Human Rights Committee, The Fourteenth Annual Report: Human Rights
Situation in Qatar – 2018 (Doha, 2018), pp. 13–16.
A/HRC/29/26/Add.1.
11
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