View source for Qatar

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* Qatar Constitution <ref>https://www.gco.gov.qa/en/state-of-qatar/the-constitution/
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* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
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==Background==
 
Qatar was ruled by the Al-Thani family before it came under the control of the Ottomans in the late 19th Century, although the ruling family continued to maintain considerable independence. However, the Ottoman control started to decline and in 1916, the Anglo-Qatari treaty was signed by which Qatar became a British Protectorate. With this, began the dual legal system where the local courts functioned on the principles of Shariah and the British administered English law through the civil courts established by them. 

The British Protectorate ended with the independence of Qatar in 1971. As a result, the Amir established the Adlia court (civil court) to replace the civil courts established by the British. 

The dual system continued until Law No. 10 of 2003 was enacted which unified the court system in Qatar.  

The Constitution of Qatar was adopted in 2003 and came into force in 2005. The Constitution of Qatar states that it is an independent sovereign Arab State and that Shari'a law shall be the main source of its legislation. The State has adopted a democratic political system.

<br>

==The Legal system==
 
The legal system of Qatar is a mixture of civil law and sharia (i.e. Islamic law). 
<br>Article 1 of the Constitution recognizes Shari’a law as the main source of legislation. British common law-inspired legislation is also applied by the institutions of the Qatar Financial Centre. 
There are three levels of criminal courts in Qatar: 
<li>the Court of First Instance
<li>Court of Appeal
<li>and Court of Cassation.

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<br>

==Legal Aid==

<li>Qatar Government offers free legal aid for the needy in criminal cases. The Criminal Procedure Code of Qatar stipulates that if a person suffering from damage from crime or a suspect against whom civil law case has been initiated lacks litigation capacity or has no legal representative, the court considering the criminal case shall suo moto or upon Public Prosecution’s request appoint an attorney for them to claim their civil rights. 

<li>Legal Aid Department of the Ministry of Justice offers lawyers for those who are unable to afford a lawyer for legal advice, representation in court, legal review (etc...) 
<br>Legal aid is offered subject to satisfying certain requirements set by the Ministry. Individuals who seek such services must meet with certain income/asset criteria.  

<li>The Qatar Foundation for Protection and Social Rehabilitation (A state-owned entity) provides similar free legal services to victims of abuse or violence. 

<li>It is also worth noting that many embassies in Doha have legal assistance programs for their citizens. These programs provide legal advice and representation for individuals facing legal issues in Qatar. 

<li>The Qatar International Court and Dispute Resolution Centre (QICDRC) under the Qatar Financial Centre (QFC) offers Pro Bono legal services such as advice, assistance, and representation to deserving individuals at no cost, in cooperation with volunteer lawyers in civil and commercial disputes.</li>

''Some NGOs also provide legal aid services'': 

<li>The Qatar Bar Association offers such service coordinating with member lawyers who volunteer to handle legal matters related to, family, criminal, and labor law affairs. 
<li>Private law firms also offer pro-bono legal services to individuals and organizations if needed. The scope of such services and the types of cases may vary according to their internal policies. Some embassies also extend such assistance to their nationalities in Qatar.</li> 

''Number of lawyers (criminal/civil) if known:''
<br>
Around one hundred and forty accredited lawyers are independently practicing legal profession in Qatar.

<br>

==Source of Defendants Rights==

The rights available to the defendant can be found in various documents such as the Constitution of the State, the Penal Code and the Criminal Procedure Code of Qatar.

<br>
==Rights of the Accused==

<li> '''Right Against Unlawful Arrests, Searches and Seizures'''

<u>Article 36</u> of the Constitution of Qatar protects persons from unlawful arrests, searches and seizures. The Article reads: 

“Personal freedom shall be guaranteed, and no person may be arrested, detained, searched, neither may his freedom of residence and mobility be restricted save under the provisions of the law; and no person may be subjected to torture or any degrading treatment; and torture shall be considered a crime punishable by law.”

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<br>

<li>'''Right Against Unlawful Detention'''
<u> Article 36</u> of the Constitution of the State of Qatar also protects persons from unlawful detention, except under the provisions of the law.  
It is a crime punishable under the Penal Code of Qatar to detain or arrest or deprive any person of their freedom. Imprisonment for ten years or more may be given depending on various circumstances.

<br>
<br>
<li>'''Right Not to be Tortured or Ill-Treated'''
The right under <u>Article 36</u> extends to protection from being subjected to torture or any other means of degrading treatment. There is a positive obligation upon the State to punish torture by making it a crime punishable by law. 
<br>
<br>

<li>'''Right to Presumption of Innocence''' 
The Constitution of the State of Qatar in <u>Article 39</u> enshrines the principle of presumption of innocence in criminal cases.  
An accused person is presumed innocent until his conviction is proved before a court of law wherein the necessary guarantees of the right of self‐defense are secured. All necessary legal assistance will be provided to the accused person, in order to practice the right of defense.

<br>
<br>
<li> '''Right to Bail'''
There is no bail as a matter of right. If a person is accused of crimes that attract a custodial sentence of 6 months or more, they may remain in police custody. During the investigation, the Public Prosecutor or the court may release the suspect on bail, with or without conditions. Granting bail is a discretionary power depending on the merits of each case.  

<br>
<br>
<li> '''Right Against Ex Post Facto Prosecution''' 

<u> Article 40</u> reads: 
<br>
''No crime and no punishment save as prescribed by the law and no penalty save (except) on the acts committed subsequent to the enforcement of that law; and punishment is personal. The provisions of the laws (Criminal Code) shall have no effect save on the acts committed from the date of the enforcement of the said laws. These provisions shall have no effect on the acts which occurred prior to the enforcement of the said laws; however, it may be stipulated otherwise by a majority of two-thirds of Al‐Shoura Council in case of non‐criminal provisions.'' 

<br>
<br>

<li> '''Right to a Fair Trial'''

The Constitution recognizes the principle of independence of the judiciary.

<br>
<br>
<li>'''Capital Punishment'''

Capital Punishment is a prescribed form of punishment under the laws of Qatar. The Penal Code states that a death sentence may be prescribed as a punishment for certain felonies. The Criminal Procedure Code provides that the judgment of the death penalty shall not be executed summarily. Further, there is a condition that the death sentence cannot be executed without the ratification by the Emir. Further, the mode of death punishment has been described as being by way of hanging or gunfire to death.




<br>
<br>

==Rights of Counsel==

<li>'''Right to Legal Representation'''
Defendants’ have the right to legal representation. If the defendant himself does not appoint a lawyer, the court shall then appoint a lawyer on their behalf.
<br>
<br>

<li>'''Right to Information'''

The suspect has a right to be informed that there is an investigation against him and the charges attributed to him by the Public Prosecution. Further, the Public Prosecution must record any statements made by the suspect concerning the charges against him.  

 
<br>
<br>

==Means of Protecting and Enforcing Rights==

'''Exclusionary Rule'''

The exclusionary rule can be found in the Criminal Procedure Code where it states that the judgment shall not be based on any evidence that was not presented or that was illegally obtained. Further, the judge may not rely upon any statements obtained from the suspect or the witnesses under duress or threat. 


'''Nullity of Procedure'''

Judgments which are obtained by a procedural defect shall be null and void if the law expressly provides for it. An exception to this is if the purpose of the procedure is fulfilled. Examples of such procedural defects are concerning the constitution of the court, the jurisdiction of the court to hear the case, and matters related to public order.  
 

'''Civil Actions'''

If any person suffers from personal damage on the commission of a crime, they may claim their rights under civil law. This claim may be made during the investigation, up until the stage of closing arguments.

<br>

==Pre-Trial Procedure==

'''Police procedures'''

<ul><li>''Complaint/information:''

In the state of Qatar, criminal action can only be initiated by the Public Prosecution, except in certain situations prescribed by law. In regard to the category of cases in which initiation of criminal prosecution depends on a complaint or request by the victim, such complaint must be made by the victim or their representative orally or in writing to the Public Prosecution. The complaint must be made within 30 days of the crime or the perpetrator came to the knowledge of the victim, post which it will not be accepted. 

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<li>''Arrest, Search and Seizure Laws:''

Investigation of crimes and collection of evidence is the duty of the Judicial Commissioners who is comprised of members of Public Prosecution and the police force.


<ul><li>''Stops and Frisks:''

<u>Article 33 of the Criminal Procedure Code of Qatar </u> allows the investigating authority to conduct necessary searches during the collection of evidence.


<li>''Arrests:''

According to the Criminal Procedure Code, a person can be arrested or detained only if an order is issued by the competent authority or as prescribed by law. 

The arrested person must be treated in a way that maintains human dignity and must not be physically or morally harmed.  

The detainee has the right to remain silent or to communicate to any person he wishes. There is a duty upon the Judicial Commissioner to inform the detainee of this right. 

Once arrested, the investigating authority must hear the statement of the suspect immediately and if there is sufficient evidence, within 24 hours, refer the suspect to the competent Public Prosecution. 

Within 24 hours of this referral, the Public Prosecution shall question the suspect and either release him or place him in preventive detention.  


<li>''Pre-trial detention:''

Precautionary detention of a suspect is allowed if the following are evident after the suspect’s interrogation or his escape: 

There is sufficient evidence to attribute the crime to the suspect; 

The crime committed is punishable by imprisonment of more than 6 months.  

Such a person must be immediately informed of the reasons of arrest or detention, the charge against him and be allowed to request the assistance of an attorney.  


<li>''Searches:''

The investigating authority has the power, where the arrest is legally permitted, to conduct searches. The search could be of the suspect’s body, clothes, or personal belongings being carried in relation to the crime under investigation.
<br> 

Female suspects may be searched only by a female officer. There is a general prohibition against entering and conducting searches in the dwelling place except under certain conditions i.e. necessity. The Code clarifies that entering a dwelling place to track a person against whom there is a warrant, will be considered to be a necessity. 
<br>
Further, there is another circumstance when the investigating authority may search a suspect’s dwelling place. This is in cases of certain categories of offenses such as those against the internal or external security of the State, terrorism, and first-degree murder, if the offense is flagrante delicto and there is an indication of objects being hidden in the dwelling place.   
<br> 
In all other cases, the consent of the suspect or the owner of the dwelling place needs to be obtained before the dwelling place is searched and such search may only be carried out during the day unless in certain circumstances.  

<li>''Enforcing the Rules (Exclusionary Rule, Nullity, and other procedures to protect against illegal police procedures):'' 

The exclusionary rule can be found in the Criminal Procedure Code where it states that the judgment shall not be based on any evidence that was not presented or that was illegally obtained. Further, the judge may not rely upon any statements obtained from the suspect or the witnesses under duress or threat.</ul>


<li>''Interrogation''

The Criminal Procedure Code of Qatar allows the investigating authority to interrogate a suspect about the attributed charges. The suspect can be accompanied by their attorney during these interrogations whenever possible.</ul>

<br>

==Court Procedures==

'''Pre-Trial'''

<ul><li>''Initial Court Appearance'': 

Once the referral order is issued by the public prosecution, the case will be referred to the criminal court that has the jurisdiction. Along with which, the suspect will be summoned to appear before the court.  

 

<li>''Charging Instrument:''

The suspect will be summoned to court by way of the writ of summons- The summons will contain all the details of the crime, including the charges, the provision of law, the penalty prescribed and place and time of trial. 

 

<li>''Preliminary Hearing:'' 

At the first hearing, the parties, witnesses and experts will be called. The suspect will then be asked about his name, profession, nationality and so on. Then, the charge against him will be read out. If the suspect confesses to the crime, the court may proceed by sentencing him without hearing the witnesses.  

If the suspect does not confess, the court proceeds to hear the prosecution witnesses.  </ul>



'''Trial'''

<ul><li>''Defendant:'' 

After the prosecution witness, the defense witness will be heard. The witness can be examined, cross-examined by the suspect and the public prosecution, respectively.  

The court may direct questions to the witnesses at the stage of the case, as deemed fit by it. However, it shall not question the suspect unless agreed to by the suspect after consultation with their attorney. 

 

<li>''Lawyers:'' 

Defendants’ have the right to legal representation. If the defendant himself does not appoint a lawyer, the court shall then appoint a lawyer on their behalf. 

 

<li>''Expert Witnesses:'' 

During the collection of evidence, the assistance of experts may be taken, either orally or in writing. In certain investigations, an expert may be appointed. Once an expert is appointed by the Public Prosecution, they are required to submit a report within the time fixed by the Public Prosecution. Both the victim and the defendant may request the appointment of a consultant expert to examine the report made by the original expert. 

 

<li>''Judges:'' 

The Constitution of the State of Qatar regulates the judicial authority in Part IV. It recognizes certain principles such as the independence of the judiciary, prohibition of arbitrary removal of judges from office, and an open court system that requires court sessions to be conducted in public and for the public to have access to the courts. 

The judge has full discretion to decide the case according to his beliefs. However, the judgment shall not be based on any evidence that was not presented or that was illegally obtained. Further, the judge may not rely upon any statements obtained from the suspect or the witnesses under duress or threat. 

The judgment must be pronounced in open court.  

 

<li>''Victims:'' 

There are provisions for the protection of the rights of victims. Publishing the name or photograph of victims of rape is a punishable offense with imprisonment for up to a year. In cases where the victim of the crime is a minor or a mentally disabled person, the Public Prosecution or the court may order that the minor be kept in protective custody.</ul>  

 
'''Sentencing'''

In criminal cases, the Court may impose the following punishments: 
<li>death sentence
<li>life imprisonment
<li>imprisonment, or 
<li>fine</li>  

The suspect must be acquitted by the court if no crime is proven against him or if it is not punishable by law.  

On the contrary, if a crime is proven, the court must decide the penalty and the procedure.

<br>
<br>
 

'''Appeals'''
<br>

The right to appeal is available to both the prosecution as well as the convicted person. Such an appeal must be made within 15 days of the pronouncement of the judgment if being appealed by the convicted person. Whereas, the Public Prosecution has a period of 30 days from the day of pronouncement to appeal. 

The right to cassation of judgments exists in the Criminal Code of the State. 
There are 3 situations when judgments issued by the Court of Appeal may be appealed by way of Cassation: 

<ul><li>If judgment under appeal violates any law, contains a mistake in its application or interpretation, 

<li>There is a nullity in the ruling or the procedures, 

<li>There are two contradicting judgments issued for the same crime.</ul>

<br>

==Rights in Prison==


'''Women'''

Where the death penalty is imposed on a pregnant woman under Sharia law, it is suspended until delivery and delayed for two years after delivery in the case of a retaliatory or had punishment; and in the case of discretionary punishment, it is commuted to life imprisonment. 


'''Mentally ill prisoners'''

There are certain safeguards for mentally disabled suspects. The Code of Criminal Procedure prescribes the procedure for examining mentally disabled suspects. The Court or the Public prosecutor may order the suspect to be placed under observation for not more than 15 days consecutively, and not more than 45 days cumulatively for examination.

After examination, if it is proved that the suspect cannot defend himself due to a mental disability, the institution of the case or the continuation of the trial will be suspended.  


'''Juveniles'''

According to the Juvenile Law and the Penal Code of the State of Qatar, children can be held criminally responsible from the age of seven. Any male or female who is older than seven but under 16 years of age comes within the definition of “juvenile” as per the law.  

Under the Juvenile Act, 1994 children aged over 14 but under 16 who have committed a serious or major offence cannot be sentenced to death, imprisonment with hard labour or flogging. However, certain offences committed by and against Muslims are punishable under Sharia law and relevant penalties include flogging and amputation.

In case of offences punishable with death penalty or life imprisonment, the child must be sentenced to up to 10 years imprisonment. 

Further, <u>Article 20 of the Penal Code</u> states that a death sentence may not be imposed on a juvenile who is under eighteen years of age at the time of committing the offence. An exception to this, however, is retaliation offences when the alleged offender is Muslim. In such situations when a Muslim commits a murder, it becomes a retaliation offense and the Penal Code will not be applicable, rather Sharia law will be applicable. Therefore, the death penalty will remain so under Sharia Law.

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==Resources==

-  Legal System in Qatar: https://malmarzouqilaw.com/legal-system-in-qatar/#:~:text=Qatar's%20modern%20legislative%20process%20commenced,and%20social%20activities%20were%20promulgated

- A. Nizar Hamzeh, Qatar: The Duality of the Legal System: https://www.jstor.org/stable/4283616?seq=1

- Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, A/HRC/29/26/Add.1

- The Constitution of the State of Qatar: https://www.gco.gov.qa/en/state-of-qatar/the-constitution/

- Inhumane Sentencing of Children in Qatar: https://archive.crin.org/sites/default/files/inhuman_sentencing_children_qatar_2016.pdf

- Law No. 11 of 2004 Issuing the Penal Code 11 / 2004: https://adsdatabase.ohchr.org/IssueLibrary/QATAR_%20Penal%20Code.pdf

- Efforts by the State of Qatar in the field of Protecting Children’s Rights in the context of implementing GA Resolution 74/124: https://www.un.org/development/desa/family/wp-content/uploads/sites/23/2020/08/Qatar.en_.pdf.

- Guidance Information pack for British nationals arrested or detained in Qatar: https://www.gov.uk/government/publications/qatar-prisoner-pack/qatar-prisoner-pack#Chapter-3