A/HRC/45/16/Add.2
in the present report offer an opportunity to support the Government in addressing
situations of arbitrary deprivation of liberty.
91.
The Working Group observed many positive changes across Qatar in relation to
deprivation of liberty, including accession to the International Covenant on Civil and
Political Rights, the establishment of the National Human Rights Committee, the
regular oversight of places of deprivation of liberty, the period of arrest and time spent
in pretrial detention being taken into account in determining the length of criminal
sentences, and the prioritization of community-based psychosocial care.
92.
The Working Group identified systemic problems within the criminal justice
system that placed defendants at a high risk of arbitrary detention or in conditions of
detention that might affect their ability to exercise their fair trial rights or to seek
release, including the following:
(a)
A wide range of non-violent acts is criminalized in Qatar, including
adultery, intimate relations outside marriage, debt, absconding from an employer,
sorcery, disobedience to parents, begging, consumption of alcohol and substance abuse,
contrary to the requirement of article 9 of the International Covenant on Civil and
Political Rights that detention be an exceptional measure.
(b)
Detention by the Public Prosecution potentially results in persons being
detained for up to nine days before being brought before a judicial authority, contrary
to the requirement under article 9 (3) of the International Covenant on Civil and
Political Rights that accused persons be brought promptly before a judicial authority.
(c)
In practice, a person is only able to communicate with a lawyer by
requesting to do so, which presents significant barriers to due process when arrested
persons are not aware of this right. Moreover, the right to legal assistance does not
apply during the initial 24-hour period in police custody, and arrested persons only
have the right to a lawyer following referral to the Public Prosecution.
(d)
Detainee registers within police stations do not facilitate compliance with
legal requirements, and it is difficult to readily ascertain the details of each detainee
present in police detention, including with regard to when the detainee was taken into
custody and transferred to the Public Prosecution.
(e)
Provisions of the Criminal Procedure Code, particularly article 117, allow
for the possibility of prolonged pretrial detention by providing for an initial maximum
period of preventive detention of six months, followed by the possibility of extension for
renewable periods of 45 days if the charge involves a felony, contrary to article 9 (3) of
the International Covenant on Civil and Political Rights which requires pretrial
detention to be as short as possible.
(f)
The provision in article 134 of the Penal Code allowing for the
imprisonment of anyone who commits lèse-majesté offences by challenging or
criticizing members of the royal family of Qatar risks stifling the peaceful exercise of
freedom of expression.
(g)
The definition and enforcement of certain sexual offences, including
adultery and sodomy, may result in the arbitrary detention of individuals based on
discriminatory grounds, such as gender or sexual orientation.
(h) A large number of individuals are detained due to inability to repay a debt,
contrary to article 11 of the International Covenant on Civil and Political Rights.
(i)
Children between 7 and 16 years of age can be detained for criminal
offences, rather than being placed in a diversion programme, the minimum age of
criminal responsibility, at 7 years of age, is too low, and diversion is not the prime
avenue for child justice.
93.
The Working Group identified several issues of concern in relation to the
observance of fair trial rights, including the lack of a bar association and of an
independent regulatory mechanism to oversee the legal profession; the failure to ensure
that all detainees are afforded adequate interpretation, if needed, during legal
proceedings; summary trial proceedings in which defendants are not permitted to
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