Practice Relating to Rule 100. Fair Trial Guarantees
Qatar’s Penal Code (2004) states:
Any civil servant who uses torture, force, or threats against a defendant, witness, or expert, or orders such to coerce same to confess a crime, testify or provide information regarding such or to conceal a matter relevant thereto, shall be imprisoned for a period not exceeding 5 years.
If the action of the civil servant resulted in injury to the victim, the perpetrator shall be imprisoned for 10 years.
If said action resulted in death of the victim, the perpetrator shall be sentenced to death or life imprisonment.
In 2005, in its initial report to the UN Committee against Torture, Qatar stated:
42. The Code [of Criminal Procedures] … states that no reliance may be placed in a confession extracted from the accused under torture. This provision is found in article 232 of the Code, which stipulates: “The judge has full freedom to rule on the case on the basis of the conviction which he has formed. However, he may not base a ruling on any evidence that was not presented in court or that was obtained illegally. No reliance shall be placed in any statement established to have been obtained from an accused person or a witness under coercion or threats.”
61. The individual’s right not to be forced to testify against himself also includes the right to remain silent while in detention and during questioning, regardless of whether or not the information sought would implicate him in a crime.