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 16

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