A/HRC/45/16/Add.2 of the Penal Code, a sentence of up to 10 years’ imprisonment is imposed on “anyone who performs adultery … as a profession or for a living”. 43. While the definitions of adultery are ostensibly gender-neutral, the Working Group received information suggesting that the enforcement of such laws resulted primarily in the detention of women. For example, during its visit to the central prison, the Working Group was informed that the 26 individuals who were being detained for adultery were all women, most of them non-Qatari nationals who were serving lengthy prison sentences, accompanied in detention by very young children, often born while the mother was already detained. Although the Working Group learned that some of the male partners of the women had also been detained, it did not observe as many cases of males being detained for having committed adultery, and also noted that their sentences were less severe. 44. According to article 296 of the Penal Code, sodomy, or same-sex relations between men, is an offence punishable with imprisonment, namely for “leading, instigating or seducing a male in any way to commit sodomy or dissipation” and “inducing or seducing a male or a female in any way to commit illegal or immoral actions” is punishable by up to five years’ imprisonment. It is unclear whether this law is intended to prohibit all same-sex acts. According to official records provided by the central prison, five people were being detained for sodomy at the time of the Working Group’s visit. 45. The Working Group recalls that the arrest or detention of individuals based on discriminatory grounds, such as gender or sexual orientation, is arbitrary under international law and in violation of articles 2 (1), 3 and 26 of the International Covenant on Civil and Political Rights. 6 The criminalization of consensual sexual relations between adults is an interference with the privacy of the individuals, in violation of article 17 of the Covenant. The Working Group calls upon the Government to comprehensively review the criminal legislation and to repeal all provisions that discriminate against, or have a discriminatory impact on, any individuals or groups, including women and the LGBTI community. Imprisonment for debt 46. The Working Group found that a large number of individuals were detained due to the inability to repay a debt, which was often not a large sum of money. The delegation was informed that it was common in Qatar, when a person was taking out a loan or renting a property, to request that that person, in addition to agreeing to a schedule of repayments or regular rent payments, provide a cheque for the total amount of money owed as a guarantee. This practice in itself means that the individuals are forced to breach articles 357 and 358 of the Penal Code, which make the writing of a cheque without sufficient funds to cover its value punishable by three months of imprisonment and a large fine. 47. Moreover, once the person had defaulted on a single payment, the guarantee cheque would often be cashed, and as there would not be sufficient funds to cover the entirety of the loan or the yearly rent, the individual could face criminal proceedings under articles 357 and 358 of the Penal Code. The individuals charged and sentenced for these crimes represent a large proportion of the current detainee population of Qatar, contributing significantly to overcrowding. 48. International human rights law prohibits deprivation of liberty due to inability to fulfil a contractual obligation, as is stipulated in article 11 of the International Covenant on Civil and Political Rights. This prohibition is non-derogable and is in fact part of customary international law.7 The Working Group considers that detention due to inability to pay a debt is in itself an arbitrary deprivation of liberty. It is also arbitrary as it discriminates against individuals on the basis of their economic status. 49. The Working Group urges the Government of Qatar to cease this practice immediately and to ensure that individuals are not imprisoned due to inability to repay a debt. Alternative 6 7 Working Group on Arbitrary Detention opinion No. 14/2017, paras. 48–49; and see Human Rights Committee, general comment No. 35, para. 17. A/HRC/42/39/Add.1, para. 65; and Working Group on Arbitrary Detention opinions No. 31/2001 and No. 38/2013. 9