A/HRC/45/16/Add.2
address the court or to present evidence; trials in absentia; and failure to afford nonQatari detainees access to consular assistance.
94.
The Working Group also expressed concern in relation to other forms of
deprivation of liberty, such as administrative detention under security and terrorism
legislation, in particular Law No. 17 of 2002 and Law No. 27 of 2019. These permit
detention for vaguely worded offences and place the individuals concerned outside the
protection of the guarantees against arbitrary deprivation of liberty stipulated in the
Penal Code, thus creating a parallel system contrary to articles 9 and 14 of the
International Covenant on Civil and Political Rights.
95.
The Working Group is also mindful of the de facto deprivation of liberty by
private actors, and calls upon the Qatari authorities to adopt urgent measures to rectify
this in order for Qatar to comply with its obligations under article 9 of the International
Covenant on Civil and Political Rights.
96.
Finally, the Working Group noted the need for significant strengthening of the
independence of civil society organizations, including human rights groups, which at
present are subject to significant restrictions on their establishment and operation that
may limit their ability to monitor places of detention, advocate for change in laws and
practices, provide advice and engage in awareness-raising.
X. Recommendations
97.
The Working Group recommends that the Government take the following
measures in relation to its international human rights obligations:
(a)
Become a State party to the International Convention for the Protection
of All Persons from Enforced Disappearance, the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, the
two Optional Protocols to the International Covenant on Civil and Political Rights, the
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women, the Optional Protocol to the Convention on the Rights of the Child on
a communications procedure and the Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights.
(b)
Ratify the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment and establish its own national
preventive mechanism strictly in accordance with the provisions of the Optional
Protocol.
98.
The Working Group recommends that the Government take the following
measures in relation to its national legal framework:
Amend the Penal Code to include a definition or clarification of the
circumstances in which deprivation of liberty may be considered to be arbitrary in
accordance with article 9 of the International Covenant on Civil and Political Rights,
and to guarantee compensation and other reparations for such deprivation of liberty.
99.
The Working Group recommends that the Government build upon its positive
initiatives to address arbitrary deprivation of liberty by taking the following measures:
(a)
Withdraw all reservations and interpretative declarations to the
International Covenant on Civil and Political Rights and other international
instruments to which Qatar is a party.
(b)
Engage with the National Human Rights Committee proactively,
especially on the implementation of its recommendations concerning reduced resorting
to pretrial detention, regulation of the legal profession in Qatar, administrative
detention under the State Security Service Law and the Protection of the Community
Law, and the legal framework concerning civil society in Qatar.
(c)
In order to further advance the National Human Rights Committee,
implement the recommendations issued by the Subcommittee on Accreditation, of the
Global Alliance of National Human Rights Institutions, on ways to strengthen the
independence of the institution.
17
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