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:
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