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Article

8 May 2024

Author:
Human Rights Council

United Nations Working Group on Arbitrary Detention opinion

"Opinion No. 12/2024 concerning Abdullah Ibhais (Qatar),"

...

The source claims that, at the time of Mr. Ibhais’s arrest on 12 November 2019, the Qatari officials did not present an arrest warrant and did not inform him of the reason for his arrest. By failing to inform Mr. Ibhais of the reason for his arrest at the time, the authorities allegedly violated article 9 of the Universal Declaration of Human Rights and article 9 (1) and (2) of the International Covenant on Civil and Political Rights. Therefore, it is alleged that there was no legal basis for the deprivation of liberty under category I...

the source believes that the Government of Qatar arrested and detained Mr. Ibhais because of the peaceful exercise of his freedom of opinion and expression under article 19 of the Universal Declaration of Human Rights and article 19 (1) of the Covenant, rendering his deprivation of liberty arbitrary under category II...

... despite persistent requests following his arrest on 12 November 2019, Mr. Ibhais was not provided with an attorney and was interrogated without one on multiple occasions. He was not able to contact a lawyer until nine days after his arrest. By not providing Mr. Ibhais with access to an attorney without delay and immediately after his arrest, and prior to any questioning by the police, the authorities allegedly violated article 10 of the Universal Declaration of Human Rights, article 14 (3) (b) of the Covenant and principles 17 (1) and 18 (1) and (2) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment...

... By coercing Mr. Ibhais to make an incriminating statement, by using the statement as inculpatory evidence at trial and by refusing to investigate his allegations of a coerced confession, the authorities allegedly violated article 10 of the Universal Declaration of Human Rights, article 14 (1) and (3) (g) of the Covenant and principle 21 of the Body of Principles...

By not allowing Mr. Ibhais timely access to the evidence against him, by not allowing him to be present at trial, by preventing his attorney from presenting the defence’s case, and by not allowing his attorney to question all witnesses, the authorities allegedly violated article 10 of the Universal Declaration and article 14 (1) and (3) (b), (d) and (e) of the Covenant...

The source alleges that the Qatari authorities violated several international norms relating to the right to a fair trial, rendering Mr. Ibhais’s detention arbitrary under category III...

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