Corniche, Doha, Qatar, (Source: StellarD/Wikimedia Commons)


QATAR

Our Concerns

  • Violations of legal safeguards and fair trial rights, particularly in the context of counter-terrorism;
  • Restrictions of the rights to freedom of opinion and expression;
  • Violation of its obligations under the Convention against Torture, including the absolute prohibition of torture as well as the principle of non-refoulement.

Upcoming

  • April/May 2018: Third periodic review of Qatar by the UN Committee against Torture;
  • Third quarter of 2018: Country visit by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism;
  • September 2018: Deadline for the submission of NGO reports to the Human Rights Council ahead of the 2019 Universal Periodic Review.

 

In 2017, Qatar was greatly affected by the diplomatic crisis with its neighbouring countries, as Saudi Arabia, Egypt, the United Arab Emirates (UAE) and Bahrain severed relations with Doha on June 5 over its alleged support of terrorist groups. Shortly after, the self-described “Anti-Terror Quartet” imposed a land, sea and air blockade on Qatar and expelled Qatari nationals from their countries. The Quartet conditioned the re-establishment of diplomatic ties on 13 demands, later translated into six wider “principles” that included shutting down Al Jazeera and the closure of the Turkish military base in Qatar. Qatar, describing such demands as not “reasonable or actionable”, accused the blockading countries of seeking a regime change. The diplomatic dispute affected thousands of families and individuals all over the Gulf region, and forced Qatar to shift trade routes and reconsider political alliances, expanding ties with countries outside the Gulf Cooperation Council such as Turkey and Iran.

While an end to the kafala system was announced last year, the situation of migrant workers in Qatar remains critical. The Qatari authorities committed to sweeping labour reforms in November 2017, agreeing to cooperate with the International Labour Organisation on a range of reforms, from setting a minimum wage, to allowing workers to leave the country and change jobs without their employer’s permission. Although international agencies welcomed this announcement as a “breakthrough”, it was met with scepticism by human rights groups, which noted the absence of an efficient strategy to implement the reforms and enforce corporate responsibility.

Lastly, several violations of fundamental civil and political rights persist in the country. The Penal Code still criminalises criticism of the emir, peaceful expression of opinions on the internet is still restricted, and national media outlets cannot report freely due to fear of reprisals. Following its review by the Committee on the Rights of the Child in May, UN experts urged Qatar to amend existing laws violating the Convention, in particular those related to the age of criminal responsibility – currently seven-years-old – and the fact that minors between the ages of 16 and 18 can receive harsh sentences such as life imprisonment, flogging, hard labour and even the death penalty for crimes such as “espionage” and “apostasy”. The Committee also raised the issue of discrimination in access to nationality, as the law does not confer citizenship to children of Qatari women and non-Qatari fathers. It further noted that children born out of wedlock, children with disabilities and children of migrant workers continue to be subjected to persistent discrimination.

 

Violations of fundamental rights in the context of counter-terrorism

In July, the Qatari emir issued a decree amending the 2004 Anti-Terrorism Law, including the definition of an act of terrorism. This amendment was introduced after the signing of a bilateral agreement between the Qatari and U.S. governments to “fight terrorist funding”. The move reportedly came in response to pressure by the Quartet, which severed ties with Qatar a month before over accusations that it was “supporting terrorism”. In June, Qatar also announced that it had prosecuted five men who were sanctioned by the U.S. government for terror financing in 2015 and 2016.

Concerned over the risk of violations of fundamental rights in the context of counter-terrorism, on August 7, 2017, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (SRCT) sent a request for a country visit to the Qatari authorities. The latter accepted the request, and the country visit is planned to take place in the third quarter of 2018.

In September, Alkarama referred the case of Mansoor Al Mansoori to the SRCT. A Qatari citizen and employee of the Ministry of Municipality and Environment, Al Mansoori was arrested by the State Security forces on August 15 in what the authorities stated was a counter-terrorism operation. That day, he was stopped in his car by the security services and arrested without a warrant and without being informed of the charges against him. He was held in solitary confinement at the detention facility of Bin Omran in Doha for one and a half months until his closest relatives were allowed to visit him for the first time on September 1, 2017. According to his family, he was interrogated about the whereabouts and activities of Qatari citizens who had travelled to Syria, although Al Mansoori denied any connection with them.

He was eventually released on December 14 without any legal procedure. He was denied access to a lawyer throughout the entire period of his detention. Al Mansoori is believed to have been targeted because of his past political activism, which led to a previous arrest in 2013. At that time, he had tried to organise a demonstration in front of the French embassy to protest against France’s military intervention in Mali. As a result of exercising his right to freedom of expression, Al Mansoori was arbitrarily detained for a month without any legal procedure before being released.

Another such example is that of Abdulrahman Al Nuaimi, a university professor at Doha University and the co-founder of Alkarama, who has been detained by the authorities since July 10, 2017. Al Nuaimi is detained under the pretext of “financing terrorism”, a crime for which he had been acquitted previously by the Qatari Criminal Court, which issued its judgement and declared Al Nuaimi innocent of all charges in May 2016. The Public Prosecution did not appeal against this decision within its 30-day deadline, and hence the finding of innocence became final according to article 276 of the Qatari Criminal Procedure Code. Therefore, Al Nuaimi is being detained without a legal basis.

Persisting violations of due process and fair trial rights

In 2017, violations of due process and fair trial rights persisted, particularly in state security cases. The SRIJL raised similar concerns following her visit to the country in 2014. The Special Rapporteur criticised the “lack of impartiality, bias and improper behaviour of judges” and further expressed her concern over allegations of violations of fair trial guarantees and the “consequences such violations have over people’s lives and the respect for their human rights.”

“In 2017, violations of due process and fair trial rights persisted, particularly in state security cases.”

This is illustrated by the case of Mohammad Meshab, a Qatari citizen who was arrested on December 17, 2015, by the State Security forces without a warrant, and detained in prolonged solitary confinement until August 2016.

During the initial period of his detention, Meshab’s family reports that he was deprived of sleep and held in an extremely cold and dark room. Furthermore, he was detained in solitary confinement until August 2016, a practice which, in excess of two weeks, amounts to torture according to the SRT.

Accused along with 17 other defendants of “financing terrorism”, Meshab’s trial has been marked by numerous irregularities. He has been brought to his hearings repeatedly with his hands cuffed, which is a clear violation of the principle of presumption of innocence. Moreover, the judge presiding over the case is of Egyptian nationality, which compromises his independence given that the extension of employment contracts for foreign judges depends on the executive. Furthermore, the hearings were not held in public and his family was denied access to the courtroom. After more than two years, the court has still not pronounced a final ruling and Meshab and the 17 other co-accused in the case remain in detention in the Central Prison in Doha.

Following a letter by Alkarama, on March 17, 2017, the UN Working Group on Arbitrary Detention, the SRIJL and the SRT wrote to the Qatari authorities, expressing concern over violations of Meshab’s fair trial guarantees as well as allegations of torture. As of the end of 2017, the Qatari authorities have not responded to the UN communication.

Human rights defender extradited to Saudi Arabia to stand trial for “terrorism”

Prominent Saudi human rights defender and co-founder of the Union for Human Rights, Mohamed Al Otaibi, fled to Qatar in March 2017 to escape prosecution in his home country in reprisal for his peaceful activism. Once in Qatar, Al Otaibi sought political asylum in Norway, which consequently granted him travel documents to allow him to apply for refugee status upon arrival. On May 28, Al Otaibi arrived with his wife at Doha International Airport, intending to board their plane to Oslo, when he was stopped by the Qatari security forces and extradited to Saudi Arabia, where he was subsequently arrested. He is currently detained at the Dammam prison on charges of “establishing an illegal organisation” and “harming the reputation of the state and its institution”. His case has been referred to the Specialised Criminal Court of Riyadh, known for its systematic violations of fair trial guarantees and prosecution of peaceful dissidents under the pretext of counter-terrorism.

Alkarama has been following Al Otaibi’s case since 2009, when he was arrested by the Saudi authorities for having attempted to participate in a peaceful demonstration against the Israeli offensive in Gaza. Al Otaibi was detained without charge and without any legal proceedings for three years. Alkarama brought his case before the UN Working Group on Arbitrary Detention which, in 2011, issued an Opinion qualifying Al Otaibi’s detention as arbitrary. However, despite this decision, Al Otaibi was only released in June 2012.

On May 5, 2017, fearing that Al Otaibi would be extradited to Saudi Arabia, several UN experts wrote to the Qatari authorities stating that “if deported, [he] risks facing the danger of torture, enforced disappearance, arbitrary detention and unfair trial.” However, Qatar has not responded to the letter.

Several cases documented by Alkarama clearly illustrate that human rights defenders and anyone who freely and peacefully exercises her/his right to freedom of expression have been subjected to arbitrary arrests, torture and unfair trials in Saudi Arabia. By extraditing Al Otaibi to Saudi Arabia, Qatar breached article 3 of the Convention against Torture – which it acceded to in 2000 – which prohibits the extradition of any individual to “another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”