A/HRC/45/16/Add.2
National Human Rights Committee
16.
The establishment of the National Human Rights Committee in 2002 has been a
significant step in the promotion and protection of human rights. The Working Group
commends its work as an important interlocutor between the State and individuals or groups.
The Working Group associates itself with many recommendations issued by that Committee
and calls upon the Government to engage with it proactively, especially on the
implementation of its recommendations. The Committee and the Government should engage
on implementing the recommendations made in 2015 by the Subcommittee on Accreditation,
of the Global Alliance of National Human Rights Institutions, to strengthen the independence
of the institution.
Oversight over places of deprivation of liberty
17.
Several State entities have the authority to monitor places of detention in Qatar. Under
article 395 of the Criminal Procedure Code, the Public Prosecution has the right to enter
places of detention to ensure that there are no illegally imprisoned persons; this includes
examining the registers and the arrest and imprisonment orders, and hearing complaints from
those deprived of their liberty. In addition, the Human Rights Department of the Ministry of
Interior is authorized to conduct unannounced visits to penal and correctional institutions to
ascertain the conditions of detention.
18.
The National Human Rights Committee is also mandated to visit places of detention
and to conduct its activities independently, under articles 3 (10) and 4 of Decree-Law No. 17
of 2010. The Committee has formed a specific visiting committee to carry out such tasks,
which reported 94 visits in 2018.
19.
However, it is not clear whether and how the visits by all these bodies are having an
impact. The Working Group received no further information about the impact of their visiting
mandate, or about the follow-up activities they undertake to ensure compliance with their
recommendations. According to testimony received during the visit, most detainees have not
had an opportunity to meet with the National Human Rights Committee, the Public
Prosecutor or the Human Rights Department of the Ministry of Interior, when these bodies
carry out their respective monitoring visits, or have received no response or follow-up to
requests for assistance.
20.
The legal provisions for these bodies to carry out visits are positive in principle, as
regular oversight over all places of deprivation of liberty has a significant role in reducing
arbitrary detention. However, such visits must serve as an effective tool in protecting the
rights of those deprived of their liberty and the oversight mechanisms must devise robust
strategies for follow-up to their recommendations. 1 The Working Group calls upon the
Government of Qatar to ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and to establish its own
national preventive mechanism. This would provide essential, independent and regular
oversight into the circumstances surrounding the deprivation of liberty and would oblige the
respective authorities to follow the recommendations issued by the national preventive
mechanism.
Detention before sentence
21.
Under article 350 of the Criminal Procedure Code, any term of imprisonment
commences on the day of arrest, and previous periods of detention for the same offence will
be deducted from the sentence to be served. Stakeholders confirmed that this provision was
consistently applied in practice, with the period of arrest and time spent in pretrial detention
taken into account in determining the length of criminal sentences. The Working Group
commends this approach.
1
CAT/C/QAT/CO/3, paras. 21–22.
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