A/HRC/45/16/Add.2
measures of debt recovery should be considered, including the deduction of debt payments
from salaries, and flexible repayment schedules.
Juvenile justice and the minimum age of criminal responsibility
50.
The Working Group was informed that detention of minors occurs in a very small
percentage of cases, and is often for a short period of time, for incidents that are not serious,
such as fighting at school, disobedience to parents and substance abuse. Individuals aged
between 16 and 18 are considered adults and are sentenced as such.
51.
According to the Qatari authorities, the minimum age of criminal responsibility is 16
years of age. A child below the age of 7 is not considered able to discern his or her actions
and is therefore exempt from criminal responsibility. The Working Group was informed that
under the Juvenile Law (Law No. 1 of 1994), a person between 7 and 16 years of age at the
time of the commission of a criminal offence is considered to be a minor. If a minor commits
a criminal offence, he or she will be held in the Social Protection Department in Doha. The
Working Group therefore considers that, in effect, the minimum age of criminal
responsibility is actually 7 years of age, because children between 7 and 16 years of age can
be detained for criminal offences. Other international human rights mechanisms, such as the
Committee on the Rights of the Child, have reached the same conclusion. 8
52.
The Working Group considers that the current minimum age of criminal responsibility
of 7 years of age is too low, and may result in children, who do not have the maturity to
understand the consequence of their actions, being deprived of their liberty in the Social
Protection Department. It recommends that the Government of Qatar, as a matter of urgency,
raise the minimum age of criminal responsibility to at least 14 years of age, consistent with
international standards.9
53.
Moreover, under the Convention on the Rights of the Child, a person is considered to
be a child until he or she reaches the age of 18. In order to ensure that its laws are in
compliance with the Convention, Qatar must ensure that all persons under 18 are not
punished as adults. Finally, diversion rather than deprivation of liberty must be the
appropriate response in dealing with all children above the minimum age of criminal
responsibility.10
V. Observance of fair trial rights
Independence of lawyers
54.
The Act of Lawyers (No. 1 of 2018) amending provisions of the Act of Lawyers (No.
23 of 2006) sets out various guarantees to ensure the independence of lawyers. The Working
Group received numerous accounts that lawyers in Qatar are independent and able to practise
freely. However, there is no bar association in Qatar, as the current associations that unite
members of the legal profession are loose unions aimed at awareness-raising and
improvement of professional qualifications, rather than professional organizations charged,
inter alia, with maintenance of professional standards and regulatory oversight.
55.
Regulatory oversight over the legal profession in Qatar is carried out by the Attorney
Affairs Department under the Ministry of Justice. This body handles both the registration of
lawyers in the country, and any complaints against lawyers, including disciplinary
proceedings through a sub-body on which the Public Prosecution is represented.
56.
However, as a part of the Ministry of Justice and therefore of the executive power of
the State, the Attorney Affairs Department cannot be considered independent, and indeed
may exert undue influence on legal professionals. The Working Group is mindful of the
8
9
10
10
CRC/C/QAT/CO/3-4, para. 36.
See Committee on the Rights of the Child, general comment No. 24 (2019) on children’s rights in the
child justice system, para. 22.
Ibid., para. 16.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents