CAT/C/QAT/CO/2 places where torture and ill-treatment are likely to occur, and provide the necessary resources to that end. Arbitrary detention under special legal provisions 11. The Committee is deeply concerned that persons detained under the provisions of the Protection of Society Law (Law No. 17 of 2002), the Law on Combating Terrorism (Law No. 3 of 2004) and the Law on the State Security Agency (Law No. 5 of 2003) may be held for a lengthy period of time without charge and fundamental safeguards, including access to a lawyer, an independent doctor and the right to notify a family member and to challenge the legality of their detention before a judge. The Committee is concerned about reports that persons detained under those laws are often subject to incommunicado detention or solitary confinement, as seen in the cases of Mohammed al-Ajami, Fawaz AlAttiyah, Abdullah Khowar and Salem Al Kuwari (arts. 2 and 16). The Committee urges the State party to: (a) Ensure that all fundamental safeguards are provided, in law and in practice, for all persons deprived of their liberty. This includes the availability of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, and to challenge the legality of their detention or treatment; (b) Amend the Protection of Society Law and the Law on Combating Terrorism to bring them into conformity with the Convention. The State party should review the use of incommunicado detention with a view to its abolition and ensure that solitary confinement remains an exceptional measure of limited duration, in line with international standards; and (c) Provide statistics indicating the number of persons arrested by the State security agency personnel, as well as all persons arrested on suspicion of violating the Protection of Society Law and the Law on Combating Terrorism, and the length of time that elapsed before they were charged with an offence. Corporal punishment as criminal sanctions 12. While noting that the new Act regulating penitentiaries and correctional institutions (Act No. 3 of 2009) makes no provision for the use of flogging as a disciplinary sanction unlike the previous law (Act No. 3 of 1995), the Committee remains concerned that flogging and stoning continue to be punishments under article 1 of the Criminal Code. According to information before the Committee, and which the State party did not dispute, at least 45 people were given flogging sentences between 2009 and 2011 (art. 2). The State party should put an end to its imposition of corporal punishment, which constitutes a breach of the Convention, and modify its legislation accordingly. The State party should ensure that criminal sanctions are in full conformity with the Convention. Independence of the judiciary 13. While noting the Constitution and the Judicial Authority Act No. 10, which recognize the independence of the judiciary, the Committee is concerned at the lack of the independence of judges in practice, mainly due to the insecurity of tenure of judges. The Committee notes with concern that a large proportion of judges are foreign nationals dependent on residence permits granted by civil authorities and that the Emir approves the appointment of judges (art. 2). 4

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