CAT/C/QAT/CO/2
ensure that the crime of torture and ill-treatment is punishable by appropriate
penalties that take into account their grave nature, as set out in article 4, paragraph 2,
of the Convention.
Reservations and declarations under articles 21 and 22 of the Convention
9.
While noting that the State party has taken steps to withdraw its reservations to
articles 21 and 22 of the Convention, the Committee is concerned that it has not yet
accepted the Committee’s competence under those articles. The State party also seeks to
retain a vague and extremely broad reservation to articles 1 and 16 of the Convention
insofar as they are incompatible with the precepts of Islamic law and the Islamic religion.
The Committee considers that the State party should face few obstacles in withdrawing its
reservation in view of the fact that the State party has accepted and incorporated into
domestic law the definition of torture in article 1 of the Convention, as noted in paragraph 8
of the present concluding observations. While noting the statement made by the State
party’s delegation that the reservation to the Convention will not impede the full enjoyment
of all the rights guaranteed in it, the Committee is concerned that the general and imprecise
nature of the reservation allows courts and governmental and other officials to negate many
of the Convention’s provisions and this raises serious concerns as to its compatibility with
the object and purpose of the Convention.
The State party should consider withdrawing the reservation so as to ensure it is in
compliance with the requirements of the Convention. The Committee recommends
that the State party consider making the declarations under articles 21 and 22 of the
Convention.
Fundamental legal safeguards
10.
While noting that article 39 of the Constitution and articles 40, 112 and 113 of the
Code of Criminal Procedure provide some legal safeguards to detainees, the Committee is
concerned that these provisions are not always respected in practice, in particular for noncitizens, and do not cover all fundamental safeguards required by the Convention, in
particular the right to have an independent medical examination upon deprivation of liberty.
The Committee also expresses its concern at the lack of information on detention registers
as well as the lack of monitoring of the implementation of safeguards, in particular given
that the State party stated that it had documented no cases in which the authorities had
failed to properly register detainees during the reporting period. While noting the provisions
in the Code of Criminal Procedure requiring persons to be charged or released within 48
hours, the Committee remains concerned that detention without charge may be extended by
the Attorney General for 16 days. Of further concern are reports on persons detained
without charge or trial, inter alia, the case of Mohamed Farouk al Mahdi, undertaken by the
Working Group on Arbitrary Detention (A/HRC/WGAD/2010/25) (arts. 2 and 16).
The State party should promptly take effective measures to ensure that all detainees,
including non-citizens, are afforded, in practice, all fundamental legal safeguards
from the very outset of detention, including the rights to promptly receive
independent legal assistance and a medical examination by an independent doctor,
contact relatives, and appear before a judge within a time limit in accordance with
international standards. The State party should also take steps to ensure effective
monitoring of the adherence of all personnel to the laws governing safeguards, and
discipline or prosecute those who fail to provide them to persons deprived of their
liberty as required by law. The State party should ensure that all detainees, including
minors, are included on a central register. The State party is encouraged to introduce
systematic video and audio monitoring and recording of all interrogations, in all
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