CAT/C/QAT/CO/3 Fundamental legal safeguards 13. The Committee takes note of the procedural safeguards set out in the Constitution and the Code of Criminal Procedure, but reiterates its concern about the continuous absence of an explicit provision on the right to request and receive an independent medical examination promptly upon deprivation of liberty. In this regard, the Committee notes the delegation’s assertion that medical personnel have an obligation to document and report any evidence of maltreatment observed during medical examinations. It regrets, however, that the State party did not indicate the number of cases reported by medical personnel as potential cases of torture or ill-treatment during the period under review. The Committee is further concerned that, under article 117 of the Code of Criminal Procedure, detainees can be held for as long as four days, renewable for another four days, before being brought before a judge. Moreover, in the case of crimes that may prejudice the national economy, the eight-day period can be extended for a similar period or periods (art. 2). 14. The Committee reiterates the recommendation contained in its previous concluding observations (see CAT/C/QAT/CO/2, para. 10) that the State party should take effective measures to ensure that all detainees are afforded, in law and in practice, all fundamental safeguards from the very outset of their deprivation of liberty, in conformity with international standards, including: the right to have immediate access to an independent medical doctor, regardless of any medical examination that may be conducted at the request of the authorities; and the right to be brought promptly before a judge. The State party should also make the necessary amendments to its Code of Criminal Procedure to abolish the provision under which detainees may be held in police custody for an eight-day period or longer, depending on the offence and introduce in its place a maximum period in line with international standards. National security and counter-terrorism legislation 15. The Committee expresses its regret that the State party has not yet amended the provisions in the Law on the Protection of Society (Law No. 17 of 2002), the Law on Combating Terrorism (Law No. 3 of 2004, as amended on 20 July 2017) and the Law on the State Security Agency (Law No. 5 of 2003), which provide for broadened executive powers of administrative detention without adequate judicial review and thereby weaken the fundamental safeguards for persons deprived of their liberty. Under article 18 of the Law on Combating Terrorism, a suspect can be held for as long as 15 days, which may be extended up to six months, without a warrant or judicial oversight before being brought before a court. Similarly, article 7 of the Law on the State Security Agency allows for persons to be held for 30 days before being brought before the public prosecutor, and article 2 of the Law on the Protection of Society permits pretrial detention, with the approval of the Prime Minister, for up to one year for crimes related to “State security” and “decency or public morals”. In the same line, a person arrested under article 7 of the Law on the Establishment of the Military Intelligence Service (Law No. 10 of 2004) may be detained for up to two weeks before being brought before the public prosecutor, a period that can be extended for another two weeks in the case of members of the armed forces and for an additional week in the case of any other person. The Committee regrets that, despite its request, no information has been received on the number of persons arrested by the State security agency or on suspicion of violating the Law on the Protection of Society and the Law on Combating Terrorism or on the length of time that elapsed before they were charged with an offence. In this connection, the Committee has continued to receive reports of arbitrary detention, prolonged solitary confinement and ill-treatment, as in the cases of Mansoor al-Mansoori, Mohammad Meshab, Abdulrahman bin Omair Rashed al-Jabr alNuaimi and Mohammed Rashid Hassan Nasser al-Ajami (arts. 2, 11 and 16). 16. The Committee recalls its previous recommendation (see CAT/C/QAT/CO/2, para. 11) and urges the State party to review without delay its existing national security and counter-terrorism laws with a view to repealing the provisions referred to above in order to bring legislation into conformity with the Convention and other international standards. In particular, the State party should ensure that: 3

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