A/HRC/45/16/Add.2
Trials in absentia
63.
The Working Group was informed of numerous instances where judgments had been
handed down without the knowledge of the defendant, as a result of proceedings that had
been initiated and carried out without a proper attempt to summon the individual concerned
to attend the hearing. While the Working Group appreciates the challenges that the authorities
may face when an individual is unwilling to participate in the proceedings, there was a
significant number of accounts involving individuals who had been sentenced in absentia to
months of imprisonment. The Working Group also received accounts of detained persons
who had been not been allowed by the detaining authority to attend hearings.
64.
Trials in absentia are only compatible with article 14 (3) (d) of the International
Covenant on Civil and Political Rights if the necessary steps are taken to inform the accused
person of the charges, to summon such persons in a timely manner, to inform them in advance
about the date and place of their trial and to request their attendance.13 The detaining authority
must ensure the presence of the detainee at trial. The Working Group calls upon the Qatari
authorities to ensure the right of all accused persons to be present during their trial and to
ensure that trials in absentia become a true exception.
Consular assistance
65.
The Working Group was informed that while many non-Qatari detainees had been
visited at least once by representatives of their embassies, the assistance rendered through
that process was generally ineffective in the context of criminal proceedings. Stakeholders
noted that the authorities in detention centres did not always notify the relevant embassies
that their nationals were being detained in criminal matters, and the embassies were often
informed of the detention by the detainee’s relatives or co-workers. According to article 36
(1) (b) of the Vienna Convention on Consular Relations, to which Qatar is a party, if the
detained person so requests, the authorities of the receiving State shall, without delay, inform
the consular post of the sending State.
66.
In addition, given the large number of non-Qatari residents in Qatar, most embassies
do not have sufficient staff to properly conduct visits in all cases, with several embassies
reportedly prioritizing certain types of serious offences in rendering consular assistance.
67.
The Working Group considers that consular assistance contributes to a fair trial, by
providing detainees with effective access to a lawyer and to any relevant exculpatory
evidence. Consular assistance also facilitates the independent monitoring of trials and the
provision of evidence by consular officials on the good character of the defendant. The
Working Group urges Qatar to ensure that it meets its obligations under the Vienna
Convention on Consular Relations.
VI. Other forms of deprivation of liberty
Administrative detention
68.
Several laws in Qatar allow for detention outside the scope of the Criminal Procedure
Code. These include the Protection of the Community Law (Law No. 17 of 2002, amended
by Law No. 2 of 2018), the State Security Service Law (Law No. 5 of 2003, amended by Law
No. 10 of 2008), and Law No. 27 of 2019 Promulgating the Law on Combating Terrorism.
Protection of the Community Law
69.
During its visit, the Working Group observed serious inconsistencies between the
provisions of the Protection of the Community Law, how the Working Group was told that
the law operated, and how the law actually functioned in practice. The Protection of the
13
12
See Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts
and tribunals and to a fair trial, para. 36.
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