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).
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