(6)
Additionally, the Committee welcomes actions taken by the State party to combat trafficking, including in
particular Law No. 22 of 2005, which bans trafficking of children related to camel racing, and notes the measures begun
by the State party to provide rehabilitation and compensation to persons trafficked in this regard.
(7)
Further, the Committee notes the creation of the Qatari Institution for the Protection of Women and Children
in 2003 as well as the establishment of a set of telephone hotlines to aid persons complaining of abuse.
(8)
The Committee welcomes the State party’s cooperation with the Office of the High Commissioner for Human
Rights, as well as the establishment of the United Nations Human Rights Training and Documentation Centre for
South-West Asia and the Arab Region.
C. Subjects of concern and recommendations
(9)
The Committee is concerned about the following matters: the broad and imprecise nature of the State party’s
reservation to the Convention, which consists of a general reference to national law without specifying its contents and
does not clearly define the extent to which the reserving State has accepted the Convention, thus raising questions as to
the State party’s overall implementation of its treaty obligations.
While appreciating the statement made by the representative of the State party that the reservation to
the Convention will not impede the full enjoyment of all the rights guaranteed in it, the Committee
recommends that the State party consider re-examining its reservation with a view to withdrawing it.
(10)
There is a lack of comprehensive definition of torture in domestic law necessary to meet the requirements of
article 1 of the Convention. References to torture in the Constitution and to cruelty and harm in other domestic law,
including the Penal Code and Code of Criminal Procedures, are imprecise and incomplete.
The State party should adopt a definition of torture in domestic penal law consistent with article 1 of the
Convention, including the differing purposes set forth therein, and should ensure that all acts of torture
are offences under criminal law, and that appropriate penalties are established for those responsible for
such acts.
(11)
The Committee is also concerned at the threats to the independence, in practice, of judges, a large proportion of
whom are foreign nationals. Since residency permits for foreign judges are granted by civil authorities, a sense of
uncertainty as to the security of their tenure and an undue dependency on the discretion of such authorities may be
created, thus bringing pressure on judges. As well, under the Constitution, all persons are equal before the law, but a
variety of protections are afforded only to citizens. Further, the State party did not clarify the number of women in the
judiciary and the nature of their jurisdiction.
The State party should adopt effective measures to fully ensure the independence of the judiciary, in
accordance with the Basic Principles on the Independence of the Judiciary. The State party should also
adopt measures to ensure that female judges may serve and address the same jurisdictions as male
judges.
(12)
Certain provisions of the Criminal Code allow punishments such as flogging and stoning to be imposed as
criminal sanctions by judicial and administrative authorities. These practices constitute a breach of the obligations
imposed by the Convention. The Committee notes with interest that authorities are presently considering amendments
to the Prison Act that would abolish flogging.
The State party should review those legal provisions of the Criminal Code which authorize the use of
such prohibited practices as criminal sanctions by judicial and administrative officers, with a view to
abolishing them immediately.
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