CAT/C/QAT/CO/3
Superior orders as a justification of torture
25.
The Committee is concerned by the fact that article 48 of the Criminal Code does
not fulfil the obligation set forth in article 2 (3) of the Convention as it excludes the
criminal responsibility of public employees executing the order of a superior that they had
to obey or thought they had a duty to obey (art. 2 (3)).
26.
The State party should consider harmonizing article 48 of the Criminal Code
with article 2 (3) of the Convention by ensuring that an order from a superior-ranking
officer may not be invoked as justification of torture and, to that end, establish a
mechanism for the protection of subordinates who refuse to obey such an order. The
State party should also ensure that all law enforcement officers are informed of the
prohibition against obeying unlawful orders and made aware of the protective
mechanisms put in place.
Universal jurisdiction
27.
The Committee is concerned that torture and related crimes are not included in the
list of offences indicated in the Criminal Code over which courts can exercise universal
jurisdiction (art. 5).
28.
The State party should take all necessary steps to effectively exercise universal
jurisdiction over persons allegedly responsible for acts of torture, including foreign
perpetrators who are temporarily present in Qatar.
Training
29.
While taking note of the existing training programmes on human rights for police
officers, judicial officers and other public officials, the Committee remains concerned by
the lack of information on the impact of the training provided. It also regrets the lack of
specific training provided to law enforcement officials, judges, prosecutors, forensic
doctors and medical personnel dealing with detained persons on how to detect and
document physical and psychological sequelae of torture and other cruel, inhuman or
degrading treatment or punishment (art. 10).
30.
The State party should:
(a)
Further develop mandatory in-service training programmes to ensure
that all public officials, in particular law enforcement officers, military personnel,
prison staff and medical personnel employed in prisons, are well acquainted with the
provisions of the Convention and are fully aware that violations will not be tolerated
and will be investigated and that those responsible will be prosecuted and, upon
conviction, be appropriately sanctioned;
(b)
Ensure that all law enforcement officers receive mandatory training
emphasizing the link between non-coercive interrogation techniques, the prohibition
of torture and ill-treatment, and the obligation of the judiciary to invalidate
confessions under torture;
(c)
Ensure that all relevant staff, including medical personnel, are
specifically trained to identify cases of torture and ill-treatment, in accordance with
the Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol);
(d)
Develop and apply a methodology for evaluating the effectiveness of
education and training programmes relating to the Convention and the Istanbul
Protocol.
Corporal punishment
31.
While taking note of the explanation given by the delegation that, although article 1
of the Criminal Code still contains vague provisions authorizing flogging, stoning and other
corporal punishment as criminal sanctions, such punishment is not applied in practice, the
Committee is concerned that these penalties have not yet been abolished, as recommended
in its previous concluding observations (see CAT/C/QAT/CO/2, para. 12). The Committee
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