A/HRC/45/16/Add.2 recommendations issued in 2018 by the National Human Rights Committee in this regard, which make it clear that the current system poses a serious threat to the independence of the legal profession in Qatar. 11 The Working Group wishes to associate itself with these recommendations, as well as with the recommendations made in the country visit report by the Special Rapporteur on the independence of judges and lawyers. 12 The Working Group calls upon the Government of Qatar to implement these recommendations effectively, without delay. Interpretation during legal proceedings 57. According to the testimony received, many non-Qatari detainees who did not speak Arabic had not been afforded adequate interpretation, either during their interrogation or during trial. Many defendants were reportedly unable to communicate effectively with courtappointed lawyers, who provided some advice, primarily in Arabic. Equally, defendants were unable to follow the trial proceedings in Arabic, as no effective interpretation was provided. 58. Article 14 (3) (f) of the International Covenant on Civil and Political Rights requires that all defendants charged with a criminal offence have the right to free assistance by an interpreter if they cannot understand or speak the language used in court. A similar guarantee is provided in article 72 of the Criminal Procedure Code, which states that although the investigation is to be conducted in Arabic, the Public Prosecution will hear the statements of parties or witnesses who do not speak the language, through an interpreter. 59. The Working Group considers that all stages of criminal proceedings must be conducted in a language understood by the defendant and that failure to do so renders the proceedings fundamentally unfair. In addition, under article 14 (3) (b) of the International Covenant on Civil and Political Rights, anyone charged with a criminal offence has the right to adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing. This guarantee is not met when a defendant is unable to understand and be understood by his or her lawyer. 60. The Working Group urges Qatar to ensure that article 72 of its Criminal Procedure Code is observed in practice, by providing proper interpretation when needed, and to review all cases thus far in which interpretation was not provided, with a view to releasing persons held without having been afforded due process. Meaningful trial proceedings 61. Many detainees described their hearings before the court as extraordinarily brief and of a summary nature, lasting only a few minutes. According to the testimony received, defendants were generally not permitted to address the court, even in cases involving serious offences for which the maximum penalty was a lengthy term of imprisonment, and they were also not allowed to present evidence. Some detainees described their proceedings as a mere formality, with the conviction and sentence appearing to have been predetermined by the judge. 62. The Working Group recalls that an unduly short trial or appellate proceeding suggests that a criminal defendant was not afforded the right to a fair hearing and to the presumption of innocence, prescribed in article 14 (1) and (2) of the International Covenant on Civil and Political Rights. The Working Group calls upon Qatar to undertake the necessary professional training and supervision of prosecutors and judges, to ensure that they are aware of the highest standards of fair trial guarantees, applicable under national and international law, and to ensure that these are implemented effectively in practice, through meaningful court proceedings that respect the right of the defendant to participate. 11 12 National Human Rights Committee, The Fourteenth Annual Report: Human Rights Situation in Qatar – 2018 (Doha, 2018), pp. 13–16. A/HRC/29/26/Add.1. 11

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