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A/HRC/WGAD/2024/12

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

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2024-03-27 · en UN

Opinion; Subjects: QATAR, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.24-07567 (E) 070524 070524

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its ninety-ninth session, 18–27 March 2024

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

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work, 1 on 11 July 2023, the Working Group

transmitted to the Government of Qatar a communication concerning Abdullah Ibhais. The

Government has not replied to the communication. The State is a party to the International

Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability,

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

* Miriam Estrada Castillo did not participate in the discussion of the case.

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2024/12

General Assembly

Distr.: General

8 May 2024

Original: English

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1.

Submissions

(a)

Communication from the source

(i)

Context

4.

Abdullah Ibhais, born on 4 January 1986, is a national of Jordan. At the time of his

arrest, he was working as a media manager for the Qatar Supreme Committee for Delivery

and Legacy, the local partner organization for the 2022 Fédération internationale de football

association (FIFA) World Cup. His address of usual residence was in Doha.

(ii)

Arrest and detention

5.

The source alleges that, in the lead-up to the 2022 FIFA World Cup, which was held

in Qatar, migrant construction workers went on strike to protest against their living conditions

and a salary freeze. Videos were circulated on social media showing workers taking part in

protests who claimed that they were working on projects for the 2022 FIFA World Cup. In

this context, Mr. Ibhais, as a media manager, was requested by his employer to issue a

statement refuting all claims that the protesters were indeed working on some of the projects

for the 2022 FIFA World Cup and affirming that no individuals working for the Supreme

Committee for Delivery and Legacy were facing issues with salary payment or living

conditions.

6.

On 4 August 2019, Mr. Ibhais visited the strike site and met with the workers. He was

reportedly shocked by what he saw there, as he found hundreds of workers living in a

compound in unsuitable conditions, without air conditioning, food or running water. When

Mr. Ibhais spoke to them, he learned that some of them had not received their salaries for up

to six months. Hundreds of them were allegedly working on the construction of the Al-Bayt

Stadium and the Education City Stadium.

7.

The source claims that Mr. Ibhais refused, based on what he had himself observed, to

issue any statement that falsified the facts and went against his morals and work ethic. He

also requested his employer to pay the delayed salaries to the construction workers.

Mr. Ibhais was then requested to end all conversations about the issue.

8.

It is reported that, after these exchanges, Mr. Ibhais was removed from his role in

international media relations and was no longer allowed to travel with the Supreme

Committee’s Secretary-General or Communications Director and that critical responsibilities

in relation to his team, including personnel management, were revoked.

9.

Mr. Ibhais was reportedly then asked by the Communications Director to be part of a

technical evaluation committee for a tender to procure the services of social media agencies

located both in Qatar and abroad. Mr. Ibhais rejected this proposal. However, the

Communications Director pressured Mr. Ibhais to accept, saying that he had no choice.

Mr. Ibhais was made a member of the commercial evaluation team. However, the

Communications Director then changed her mind and removed him from some of the

international tenders, insisting that he should only be part of the tender relating to agencies

located in Qatar.

10.

Meanwhile, Mr. Ibhais started to look for a new job and informed the

Communications Director that he no longer wished to work for the Supreme Committee for

Delivery and Legacy and that he was seriously looking for an opportunity to leave his

position.

11.

When the tender took place, the committee of which Mr. Ibhais was a member

recommended rejecting all the applicants and initiating a re-tender, on the basis that none of

the applicants was up to the technical expectations.

12.

Two months later, Mr. Ibhais was called in as part of an internal investigation initiated

in response to claims that there had been misconduct in the way the tender had been

conducted. At that time, Mr. Ibhais was put under pressure and started to have panic attacks

daily, as it became clear to him that it was all part of a plot against him, as a result of his

earlier stance on the construction workers. The investigation lasted three weeks.

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13.

According to the information received, Mr. Ibhais was first arrested on 12 November

2019, when he was called to meet with the Human Resources Director of the Supreme

Committee for Delivery and Legacy. Five officers from the Criminal Investigation

Department of Qatar and from the State Security Service were present at the meeting. The

agents took his mobile phone and access card and requested to search his vehicle, to which

Mr. Ibhais consented. They then took him to the Criminal Investigation Department offices

in the Duhail district of Doha, without providing an arrest warrant or informing him about

the reasons for his arrest.

14.

Reportedly, once at the Criminal Investigation Department offices, Mr. Ibhais was

handcuffed and placed in an interrogation room. After waiting for three hours, he was told

that his arrest was related to an internal investigation by the Supreme Committee for Delivery

and Legacy. He requested access to a lawyer and, in response, the agents allegedly told him

that if his lawyer were to show up, they would break the attorney’s legs and those of

Mr. Ibhais. He was threatened with a long period of detention without contact with his family

or with a lawyer, told that he would experience torture and physical violence if he were

transferred to the State Security Service prison and promised that he would be allowed to see

a lawyer if he signed the confession. Mr. Ibhais was also told that it was better to confess

because, if he did not, he would disappear for six months and his family would know nothing

about what had happened to him. The agents added that they had the right to detain him under

administrative detention and that no one would hear from him.

15.

The agents allegedly gave Mr. Ibhais a written statement to sign, but he refused to do

so, affirming that it was false. After much pressure, Mr. Ibhais signed the confession

previously drafted by one of the police officers. The authorities allegedly told him that he

had leaked defence secrets, misused public funds and conspired with a foreign agent in order

to place the social media accounts for the 2022 FIFA World Cup under the control of other

countries. These accusations were reportedly based on an internal investigation conducted by

the Supreme Committee for Delivery and Legacy.

16.

According to the information received, after Mr. Ibhais had signed the ready-made

confession, the agents took him to his home so that they could search it. During the raid, he

was not allowed to talk to his family, who were told that he would be back that night. The

officers took his laptop, an old phone and a tablet, requesting Mr. Ibhais to give them full

access to the content. He was then taken back to the Criminal Investigation Department

offices in Duhail, and at 11 p.m. he was taken into detention.

17.

It is reported that, on 13 November 2019, at around 8 a.m., Mr. Ibhais was taken to

the Public Prosecution building in the West Bay neighbourhood of Doha, to the offices of the

State Security Prosecution on the 19th floor. He waited there until 3 p.m., when he was called

for further interrogation in an unidentified room by unidentified officers. He requested legal

assistance, with the agents responding that he was not in an American movie, so he did not

get to ask for a lawyer and must do only what he was instructed to do. The agents reportedly

told him that they already had his statement confessing that he had leaked State defence

secrets and committed other crimes. They told him that, if he confessed to the misuse of

public money, his case would not be sent to the State Security Service and he could have

access to a lawyer. According to the source, under such pressure and out of fear of possible

execution under the charges of leaking defence secrets, Mr. Ibhais signed another imposed

confession.

18.

The source claims that Mr. Ibhais did not gain access to a lawyer until nine days after

his arrest. On 19 December 2019, after a two-hour hearing in which Mr. Ibhais was not

allowed to speak, a judge ordered his release. Two days later, on 21 December 2019,

Mr. Ibhais was released after paying bail of 3,000 Qatari riyals (QR) ($824). Allegedly, on

17 January 2021, when the case file was sent to the Court of First Instance, Mr. Ibhais’s

defence were made aware of a warrant, dated 11 November 2019, for his arrest, issued by the

Public Prosecutor for State Security and Counter-Terrorism.

19.

Mr. Ibhais’s trial began on 19 January 2021. Three different lawyers represented him

during the 13 months prior to the trial; however, none of them was allowed access to the case

files during that time. It is reported that, during the hearings, 10 to 12 witnesses were expected

to give statements; however, only four of them (from the Criminal Investigation Department

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and the Supreme Committee for Delivery and Legacy) were allowed to do so. Moreover, the

four witnesses allegedly changed their statements in court and provided evidence in favour

of the defence.

20.

On 29 April 2021, after five hearings, Mr. Ibhais’s was convicted by the Court of First

Instance in Doha of bribery, violation of tenders and profits, and intentional damage to public

funds. He was sentenced to five years’ imprisonment, a fine of QR 150,000 and deportation

from Qatar upon completion of the sentence. According to the information provided, the

ruling contradicted the indictment by the Public Prosecution and mentioned events that had

never taken place. In addition, it is reported that the Public Prosecution submitted a

1,000-page case file containing two copies of each document and put together chaotically.

Furthermore, more than 70 per cent of the documents were in English, with no Arabic

translation provided, even though the judge presiding over the case allegedly did not

understand English.

21.

It is alleged that, while awaiting trial for his appeal and a decision on the execution of

his sentence, Mr. Ibhais was arrested again at his home on 15 November 2021, and taken to

a temporary detention facility for judicial enforcement. The source claims that this second

arrest was ahead of a media appointment that Mr. Ibhais had scheduled with two foreign

journalists, who were later arrested and deported.

22.

Immediately after the second arrest, Mr. Ibhais began a hunger strike, which lasted for

30 days. Reportedly, on 25 November 2021, the tenth day of his strike, in an attempt to inflict

damage to Mr. Ibhais’s health, a police officer confiscated Mr. Ibhais’s supply of salt, which

was his only way of maintaining the balance of minerals in his body during the strike. The

officer allegedly told him that the officers did not care if he died. On 28 November 2021,

Mr. Ibhais was transferred to the central prison in Doha, where he remains. On 30 November

2021, due to media pressure, the confiscated salt was returned to Mr. Ibhais.

23.

On 1 December 2021, after a voice message by Mr. Ibhais, explaining why he had

gone on a hunger strike, and a photo of him in the transfer vehicle were published, he was

interrogated by the Deputy Chief of the central prison and threatened with further legal

charges if he leaked any more recordings or photos from the prison.

24.

On 15 December 2021, the Court of Appeal reportedly upheld the verdict against

Mr. Ibhais but reduced the length of the sentence.

25.

According to the information received, in January 2022, three weeks after ending his

hunger strike, Mr. Ibhais and many other inmates contracted coronavirus disease

(COVID-19). They allegedly did not receive any proper medical attention and were not

examined by a doctor. Instead, they depended on “home remedies”, such as lemon, onions

and hot drinks. The only precautionary measure taken by the prison administration was to

prohibit all visits for 50 days.

26.

According to the source, in April 2022, Mr. Ibhais was placed in solitary confinement

for two weeks after receiving a visit from a foreign journalist.

27.

In September 2022, Mr. Ibhais was allegedly told by the prison administration that he

would be prohibited from receiving any outside calls and visits from anyone except his family.

28.

On 2 November 2022, Mr. Ibhais and his family were informed that they were banned

from private, face-to-face visits, reportedly for security reasons, and that only window visits

would be allowed.

29.

According to the information received, on that same day, 2 November 2022,

Mr. Ibhais was placed in solitary confinement, where he stayed for four days. The prison

administration justified his solitary confinement by claiming that he was trying to hand over

a written letter to a member of his family. It is alleged that he was physically assaulted by

prison guards, placed in an extremely small cell, which was completely dark, and tortured

with cold temperatures (around 4°C), with the fan of the central air-conditioning system

pointed directly at him. Mr. Ibhais was subjected to sleep deprivation for 96 hours. On

6 November 2022, the prison administration told Mr. Ibhais’s family that all contact with him

would be monitored and recorded.

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30.

Reportedly, all visits to Mr. Ibhais were banned from 7 to 20 November 2022, in the

run-up to the opening of the 2022 FIFA World Cup.

(iii)

Legal analysis

a.

Category I

31.

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.

b.

Category II

32.

According to the information received, Mr. Ibhais worked as a media manager for the

Supreme Committee of Delivery and Legacy, the organizers of the 2022 FIFA World Cup in

Qatar. On 4 August 2019, he went to see striking FIFA World Cup workers who claimed that

they had not been paid on time and were living in inhumane conditions. He reported his

concerns to his employer, the Supreme Committee for Delivery and Legacy, urged the

Supreme Committee to remedy the situation and argued against issuing any false or

misleading statements about the striking workers.

33.

Reportedly, the Supreme Committee for Delivery and Legacy subsequently triggered

an investigation when it handed over to the authorities a report of an internal inquiry into

Mr. Ibhais and his accusations. The report included serious allegations, which likely led to

the involvement of the State Security Service. Mr. Ibhais was arrested on 12 November 2019,

shortly after the Supreme Committee had passed on the information to the State Security

Service. The source believes that Mr. Ibhais’s prosecution and conviction were a result of his

internal criticism of the Supreme Committee’s handling of the migrant workers’ strike in

August 2019. This is allegedly supported by the fact that the only inculpatory piece of

evidence presented at the trial was his coerced confession, extracted without the presence of

an attorney.

34.

Therefore, 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.

c.

Category III

i.

Denial of legal assistance

35.

According to the source, 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.

ii.

Coerced confession

36.

The source further claims that Mr. Ibhais was interrogated without an attorney and

that the interrogators threatened that, if he did not sign a confession, he would be sent to the

State Security Service, where, he was told, “they know how to get a confession”. The

prosecutors told him that if he signed the confession, he could be removed from the custody

of the State Security Service and given access to an attorney. Under coercion, Mr. Ibhais

allegedly signed the false and prefabricated confession. It is reported that, during the trial,

Mr. Ibhais’s coerced confession was the only inculpatory piece of evidence presented against

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him. Furthermore, the Court of First Instance and the Court of Appeal refused to order an

investigation into Mr. Ibhais’s allegations. 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.

iii.

Access to evidence and right to present a defence

37.

It is also alleged that, despite his requests, Mr. Ibhais was only able to secure copies

of his case file and the evidence against him on 19 January 2021, the day of the start of the

trial at the Court of First Instance. During the trial, Mr. Ibhais’s attorney was reportedly

denied the right to present a defence. The decision referred to the testimonies of 10 witnesses,

but only 4 witnesses appeared in court. The Court also overlooked the contradiction between

testimonies given by the same persons in court and to the police. Once at the Court of Appeal,

Mr. Ibhais’s attorney was allowed five minutes to present the defence’s case, and the judge

who decided against him was absent for those five minutes. On 15 December 2021, the Court

of Appeal announced its decision in a sentencing hearing without Mr. Ibhais or his attorney

being present. Similarly, Mr. Ibhais and his attorney were not informed of a hearing held at

the Court of Cassation on 7 November 2022, and it was only later, on 29 November 2022,

that they learned of that Court’s decision.

38.

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.

iv.

Incommunicado detention

39.

In April 2022, Mr. Ibhais was placed in solitary confinement for two weeks after

receiving a visit from a Norwegian journalist. In September 2022, Mr. Ibhais was banned

from any phone calls and visits, except from his family. On 2 November 2022, Mr. Ibhais

was placed in solitary confinement for four days. On 6 November 2022, he was informed by

officials that all the discussions between Mr. Ibhais and his family would be recorded.

Between 7 and 20 November 2022, Mr. Ibhais was denied all visits. By not allowing

Mr. Ibhais to communicate with family members and an attorney, thereby preventing him

from properly preparing his defence, the Government of Qatar allegedly violated article 10

of the Universal Declaration, article 14 (1) and (3) (b) of the Covenant and principles 15 and

19 of the Body of Principles.

v.

Torture and other cruel, inhuman or degrading treatment

40.

Mr. Ibhais was on hunger strike from 15 November to 15 December 2021. On the

tenth day of the strike, a police officer confiscated Mr. Ibhais’s supply of salt and told him

“we don’t care if you die”. Due to media pressure, the salt was returned to Mr. Ibhais on

30 November 2021, and three medical examinations were conducted. However, he did not

receive any test results or further information regarding the examinations.

41.

Reportedly, on 1 December 2021, upon the publication of a voice message explaining

the reason for his hunger strike, accompanied by a photo, the Deputy Chief of the central

prison threatened Mr. Ibhais with further legal charges if he leaked any more recordings or

photos from the prison.

42.

The source claims that, in January 2022, Mr. Ibhais contracted COVID-19 but did not

receive any medical attention. On 2 November 2022, Mr. Ibhais was placed in solitary

confinement for four days. Prison guards physically assaulted him and put him in a small cell

that was completely dark. The central air-conditioning system was pointed directly at him,

making him extremely cold. He was deprived of sleep for nearly 96 hours.

43.

According to the source, by not allowing Mr. Ibhais proper medical attention,

threatening him, assaulting him and keeping him in inhumane conditions, the authorities

allegedly subjected him to inhuman and degrading treatment and violated article 5 of the

Universal Declaration of Human Rights and articles 7 and 10 (1) of the Covenant.

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vi.

Trial without delay

44.

It is alleged that Mr. Ibhais was first detained from 12 November to 21 December

2019. He was detained a second time on 15 November 2021 and is still in detention. The

Court of Cassation did not publish a final decision in his case until 29 November 2022, over

a year after his second arrest. Therefore, the source claims that he was not tried within a

reasonable time, in violation of article 10 of the Universal Declaration of Human Rights,

article 14 (3) (c) of the Covenant and principle 38 of the Body of Principles.

45.

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.

(b)

Response from the Government

46.

On 11 July 2023, the Working Group transmitted the allegations from the source to

the Government under its regular communications procedure. The Working Group requested

the Government to provide, by 11 September 2023, detailed information about the situation

of Mr. Ibhais and to clarify the legal provisions justifying his continued detention, as well as

their compatibility with the obligations of Qatar under international human rights law, and in

particular with regard to the treaties ratified by the State. Moreover, the Working Group called

upon the Government of Qatar to ensure Mr. Ibhais’s physical and mental integrity.

47.

The Working Group regrets that the Government did not submit a reply within the

established time frame, nor did it seek an extension in accordance with paragraph 16 of the

Working Group’s methods of work.

2.

Discussion

48.

In the absence of a response from the Government, the Working Group has decided to

render the present opinion, in conformity with paragraph 15 of its methods of work.

49.

In determining whether Mr. Ibhais’s detention is arbitrary, the Working Group has

regard to the principles established in its jurisprudence to deal with evidentiary issues. If the

source has established a prima facie case for breach of international law constituting arbitrary

detention, the burden of proof should be understood to rest upon the Government if it wishes

to refute the allegations. Mere assertions by the Government that lawful procedures have

been followed are not sufficient to rebut the source’s allegations.2 In the present case, the

Government has chosen not to challenge the prima facie credible allegations made by the

source within the prescribed time limit.

(a)

Category I

50.

The Working Group will first consider whether there have been violations under

category I, which concerns deprivation of liberty without any legal basis.

51.

The source alleges that, at the time of Mr. Ibhais’s arrest on 12 November 2019, the

authorities did not present an arrest warrant and did not inform him of the reason for his arrest,

in violation of article 9 of the Universal Declaration of Human Rights and article 9 (1) and (2)

of the Covenant. The source notes that it was later learned, on 17 January 2021, when the

case was sent to the Court of First Instance, that an arrest warrant dated 11 November 2019

had been issued against him. However, this had not been shown to Mr. Ibhais at the moment

of his arrest. The Government has not responded to these allegations.

52.

The Working Group recalls that a detention is considered arbitrary under category I if

it lacks a legal basis. Pursuant to article 9 (1) of the Covenant, no one is to be deprived of

liberty except on such grounds and in accordance with such procedures as are established by

law. Article 9 (2) of the Covenant provides that anyone who is arrested is to be informed, at

the time of the arrest, of the reasons for his or her arrest and is to be promptly informed of

any charges against him or her.

53.

As the Working Group has previously stated, in order for a deprivation of liberty to

have a legal basis, it is not sufficient that there is a law that may authorize the arrest. The

2 A/HRC/19/57, para. 68.

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authorities must invoke that legal basis and apply it to the circumstances of the case.3 This is

typically done through an arrest warrant or arrest order (or equivalent document).4 Persons

who are detained have the right to be promptly informed of the charges against them. The

reasons for arrest must be provided immediately upon arrest and must include not only the

general legal basis of the arrest, but also enough factual specifics to indicate the substance of

the complaint, such as the wrongful act and the identity of an alleged victim.5 The Working

Group finds that this was denied to Mr. Ibhais, in violation of articles 3 and 9 of the Universal

Declaration of Human Rights and article 9 (1) and (2) of the Covenant.

54.

Furthermore, the Working Group notes that Mr. Ibhais was arrested on 12 November

2019, that he appeared before the Public Prosecution the next day and that, on 19 December

2019, a judge ordered his release after a two-hour hearing at which Mr. Ibhais was reportedly

not allowed to speak. The Government has chosen not to rebut the prima facie credible

allegations from the source.

55.

According to article 9 (3) of the Covenant, anyone arrested or detained on a criminal

charge shall be brought promptly before a judge. As the Human Rights Committee has stated,

48 hours is ordinarily sufficient to satisfy the requirement of bringing a detainee “promptly”

before a judge following his or her arrest, and any longer delay must remain absolutely

exceptional and be justified under the circumstances.6 In the present case, Mr. Ibhais does not

appear to have been brought before a judicial authority within 48 hours of his arrest. Rather,

he was arrested and brought the following day before the Public Prosecution. As the Working

Group has stated, a prosecutorial body cannot be considered a judicial authority for the

purposes of article 9 (3) of the Covenant.7 As a result, the legal basis for the detention of

Mr. Ibhais was not established in accordance with the requirements of the Covenant.

56.

Accordingly, the Working Group considers that Mr. Ibhais’s arrest and subsequent

detention were arbitrary under category I.

(b)

Category II

57.

The source alleges that the deprivation of liberty of Mr. Ibhais was arbitrary under

category II because it resulted from his exercise of the rights and freedoms guaranteed under

international law, in particular his right to freedom of opinion and expression under article 19

of the Universal Declaration of Human Rights and article 19 (1) of the Covenant.

58.

According to the source, Mr. Ibhais refused to comply with his employer’s request to

issue a statement refuting all claims that the migrant construction workers on strike were

working for any 2022 FIFA World Cup projects, and affirming that no employees of the

Supreme Committee for Delivery and Legacy were facing issues with salary payment or

living conditions. As a result, he was removed from his role in international media relations,

was no longer allowed to travel with the Supreme Committee’s Secretary-General or

Communications Director, had critical responsibilities in relation to his team, including

personnel management, revoked, and was subsequently arrested and detained. The

Government has chosen not to contest these allegations, despite having been given the

opportunity to do so.

59.

The Working Group takes note of the fact that Mr. Ibhais’s arrest and subsequent

detention are traceable to the opinions and beliefs that he held when he worked as a media

manager for the 2022 FIFA World Cup organizers in Qatar. He was arrested shortly after the

Supreme Committee passed information to the State Security Service regarding his internal

criticism of how the Supreme Committee for Delivery and Legacy handled the migrant

workers’ strike in August 2019.

3 Opinions No. 9/2019, para. 29; No. 46/2019, para. 51; and No. 59/2019, para. 46.

4 Opinions No. 88/2017, para. 27; No. 3/2018, para. 43; and No. 30/2018, para. 39. In cases of arrests

made in flagrante delicto, the opportunity to obtain a warrant will typically not be available.

5 Human Rights Committee, general comment No. 35 (2014), para. 25; and opinions No. 30/2017,

paras. 58 and 59; and No. 85/2021, para. 69.

6 Human Rights Committee, general comment No. 35 (2014), para. 33.

7 Ibid., para. 32; opinions No. 14/2015, para. 28; No. 5/2020, para. 72; and No. 41/2020, para. 60; and

A/HRC/45/16/Add.1, para. 35.

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60.

The Working Group notes that article 19 (2) of the Covenant provides that everyone

is to have the right to freedom of expression; this right is to include freedom to seek, receive

and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing

or in print, in the form of art, or through any other media of his choice. This right protects the

holding and expression of opinions, including those which are critical of, or not in line with,

government policy.

61.

According to the Working Group’s jurisprudence, restrictions placed on freedom of

expression by way of deprivation of liberty can only be justified when it is shown that the

deprivation of liberty has a legal basis in national law, does not violate international law and

is necessary to ensure respect for the rights or reputation of others, or for the protection of

national security, public order, public health or morals, and is proportionate to the pursued

legitimate aims. The Government had the opportunity to explain how Mr. Ibhais’s arrest and

detention were not in breach of his rights under article 19 of the Covenant or, indeed, how

his actions did not fall under the exception of that article. However, the Government did not

do so. The Working Group considers that Mr. Ibhais’s conduct fell within the exercise of the

right to freedom of opinion and expression protected under article 19 of the Universal

Declaration of Human Rights and article 19 of the Covenant and that he was detained for

exercising those rights.

62.

The Working Group also considers that Mr. Ibhais’s deprivation of liberty stems from

the exercise of his freedom of conscience, namely as a result of his refusal to issue a statement

to deny the salary payment issues and living conditions experienced by migrant construction

workers, and any connection between these workers and the 2022 FIFA World Cup, as this

was against his morals and work ethic.

63.

The Working Group recalls that the travaux préparatoires for the Universal

Declaration of Human Rights indicate that freedom of thought extends beyond thought on

matters of conscience, religion and belief.8 Moreover, as the Human Rights Committee has

stated, freedom of thought extends beyond “religious” thought alone,9 and encompasses

thought “on all matters”.10 Noting that the right to freedom of thought, conscience and

religion is protected under article 18 of the Universal Declaration of Human Rights and article

18 of the Covenant, and that Mr. Ibhais exercised this right, the Working Group finds a

violation of these articles.

64.

The Working Group concludes that Mr. Ibhais’s detention resulted from the peaceful

exercise of his rights and freedoms and was contrary to articles 18 and 19 of the Covenant

and articles 18 and 19 of the Universal Declaration of Human Rights. His deprivation of

liberty is thus arbitrary under category II.

(c)

Category III

65.

Given its findings that the detention of Mr. Ibhais is arbitrary under category II, the

Working Group emphasizes that no trial should have taken place. However, on 29 April 2021,

Mr. Ibhais was sentenced to five years’ imprisonment, a fine of QR 150,000 and deportation

from Qatar upon completion of the sentence.

66.

The source claims that the deprivation of liberty of Mr. Ibhais is arbitrary under

category III, as there was total or partial non-observance of the international norms relating

to the right to a fair trial. More precisely, the source alleges the denial of legal assistance,

forced confession, incommunicado detention, torture and other cruel, inhuman or degrading

treatment, and a delayed trial.

67.

The Working Group recalls that access to counsel is a right enshrined under

article 14 (3) of the Covenant and principles 11 (2), 17 and 18 of the Body of Principles for

the Protection of All Persons under Any Form of Detention or Imprisonment. All persons

deprived of their liberty have the right to legal assistance by counsel of their choosing at any

time during their detention, including immediately after their apprehension, and such access

8 A/76/380, para. 22; and A/C.3/SR.127, p. 395 (Philippines).

9 CCPR/C/SR.1162, paras. 40 and 43.

10 See Human Rights Committee, general comment No. 22 (1993).

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is to be provided without delay.11 The right to legal assistance is an essential element of the

right to fair trial, as it serves to ensure that the principle of equality of arms is duly observed.12

Moreover, a person who has had charges brought against him or her has the right to adequate

time and facilities for the preparation of their defence, as guaranteed under article 14 (3) (b)

of the Covenant.

68.

The Working Group takes note of the unrebutted submission by the source that despite

persistent requests following Mr. Ibhais’s arrest on 12 November 2019, he was not provided

with access to a lawyer and was interrogated without one on several occasions. Moreover, it

is submitted that Mr. Ibhais was not able to contact a lawyer until nine days after his arrest.

The Government has chosen not to contest these allegations, despite having been given the

opportunity to do so. The Working Group considers that Mr. Ibhais’s right to legal assistance

was denied in violation of article 14 (3) (b) of the Covenant and contrary to principle 18 (3)

of the Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment, rule 61 (1) of the United Nations Standard Minimum Rules for the Treatment

of Prisoners (the Nelson Mandela Rules), and principle 9 and guideline 8 of the United

Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court.

69.

The Working Group is disturbed by the uncontested threats of torture and long

detention made by the authorities in response to Mr. Ibhais’s requests to be provided with a

lawyer. The Working Group considers that such acts are unacceptable and constitute a

violation of Mr. Ibhais’s right to legal assistance.

70.

The Working Group notes that Mr. Ibhais’s trial began on 19 January 2021, and that

he was only able to secure copies of his case file and the evidence against him on the day that

his trial at the Court of First Instance began. Moreover, during the trial, Mr. Ibhais’s attorney

was denied the right to present a defence. Once at the Court of Appeal, Mr. Ibhais’s attorney

was reportedly allowed only five minutes to present the defence’s case, during which time

the judge was absent. On 15 December 2021, the Court of Appeal announced its decision in

a sentencing hearing at which neither Mr. Ibhais nor his attorney was present. Similarly, it is

submitted that Mr. Ibhais and his attorney were not informed of the hearing at the Court of

Cassation held on 7 November 2022, and it was only later, on 29 November 2022, that they

learned of its decision.

71.

Moreover, the Working Group notes the source’s allegations that Mr. Ibhais was

placed in solitary confinement on more than one occasion and denied phone calls and visits

from his family and attorneys, which consequently prevented him from properly preparing

for his defence. The Government has chosen not to contest these allegations.

72.

The Working Group thus considers that these facts constitute a violation of

article 14 (3) of the Covenant and are contrary to principles 15–19 of the Body of Principles

for the Protection of All Persons under Any Form of Detention or Imprisonment, and

principle 9 of the United Nations Basic Principles and Guidelines on Remedies and

Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a

Court. Furthermore, the Working Group recalls that, according to rule 45 of the Nelson

Mandela Rules, the imposition of solitary confinement must be accompanied by certain

safeguards. Solitary confinement must only be used in exceptional cases as a last resort, for

as short a time as possible and subject to independent review, and must be authorized by a

competent authority.13

73.

The source further claims that Mr. Ibhais was interrogated without an attorney and

was threatened that if he did not sign a confession, he would be sent to the State Security

Service, where “they know how to get a confession”. According to the source, Mr. Ibhais

signed the false, pre-written confession. Moreover, the source submits that Mr. Ibhais’s

11 United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone

Deprived of Their Liberty to Bring Proceedings Before a Court, principle 9 and guideline 8; Human

Rights Committee, general comment No. 35 (2014), para. 35; A/HRC/48/55, para. 56; A/HRC/45/16,

paras. 50–55; and A/HRC/27/47, para. 13.

12 See, for example, opinion No. 35/2019.

13 See, for example, opinion No. 83/2018.

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coerced confession was the only inculpatory piece of evidence presented against him during

trial. The Government has not contested these allegations.

74.

The Working Group recalls that under article 14 (3) (g) of the Covenant, any

individual charged with a criminal act is entitled, in full equality, not to be compelled to

testify against him or herself or to confess guilt.

75.

The Working Group has already established that Mr. Ibhais was interrogated

repeatedly in the absence of legal counsel. As the Working Group has stated previously,

confessions made in the absence of legal representation are not admissible as evidence in

criminal proceedings. 14 Furthermore, a forced confession taints the entire proceedings,

regardless of whether other evidence was available to support the verdict.15

76.

Consequently, the Working Group finds a violation of Mr. Ibhais’s fundamental trial

rights to be presumed innocent and not to confess guilt, under articles 10 and 11 of the

Universal Declaration of Human Rights and article 14 (2) and (3) of the Covenant.

77.

The Working Group notes the source’s uncontested allegations that Mr. Ibhais was

subjected to inhuman and degrading treatment, including physical assault, lack of access to

medical care when he contracted COVID-19, confiscation of salt, which was his only way of

maintaining the balance of minerals in his body while on hunger strike, sleep deprivation,

and poor conditions of detention, including cold temperatures. The Government has chosen

not to contest the prima facie credible allegations from the source.

78.

The Working Group recalls that torture or ill-treatment of detainees not only is a grave

violation of human rights, but also seriously undermines the fundamental principles of a fair

trial, as it can compromise the ability to defend oneself, especially in the light of the right not

to be compelled to testify against oneself or to confess guilt.16 Detainees should be protected

from any practices that violate their right to be free from any act that could cause severe pain

or suffering, whether physical or mental, and that is inflicted intentionally on a person. This

is clearly stated in the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment. The right to freedom from torture and other ill-treatment or

punishment is absolute. This applies in all circumstances, and it may never be restricted,

including in times of war or states of emergency. No exceptional circumstances whatsoever,

including threats of terrorism or other violent crime, may be invoked to justify torture or other

ill-treatment. Such prohibition applies irrespective of the offence allegedly committed by the

accused person.17

79.

The Working Group also notes the source’s unrebutted allegations that Mr. Ibhais was

not tried within a reasonable time, in violation of article 10 of the Universal Declaration of

Human Rights, article 14 (3) (c) of the Covenant and principle 38 of the Body of Principles

for the Protection of All Persons under Any Form of Detention or Imprisonment. According

to the source, Mr. Ibhais was first detained from 12 November to 21 December 2019 and

arrested again pending trial for his appeal on 15 November 2021. As such, the source argues

that the Court of Cassation did not publish a final decision until over a year after Mr. Ibhais’s

second arrest.

80.

The Working Group recalls that the right of the accused to be tried without undue

delay, provided for by article 14 (3) (c) of the Covenant, is not only designed to avoid keeping

persons too long in a state of uncertainty about their fate and, if held in detention during the

period of the trial, to ensure that such deprivation of liberty does not last longer than necessary

in the circumstances of the specific case, but also to serve the interests of justice.18 However,

what is reasonable has to be assessed in the circumstances of the case, taking into account

mainly the complexity of the case, the conduct of the accused and the manner in which the

matter was dealt with by the administrative and judicial authorities.

14 A/HRC/45/16, para. 53; opinions No. 1/2014, para. 22; No. 14/2019, para. 71; No. 59/2019, para. 70;

No. 73/2019, para. 91; and No. 41/2020, para. 70; and E/CN.4/2003/68, para. 26 (e).

15 Opinion No. 34/2015, para. 28.

16 Opinions No. 22/2019, para. 78; No. 26/2019, para. 104; and No. 56/2019, para. 88.

17 Human Rights Committee, general comment No. 20 (1992), para. 3.

18 Human Rights Committee, general comment No. 32 (2007), para. 35.

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81.

The Working Group notes that Mr. Ibhais was convicted on 29 April 2021 by the Court

of First Instance in Doha, and that his case involved multiple charges, namely bribery,

violation of tenders and profits, and intentional damage to public funds. Moreover, the

Working Group notes that Mr. Ibhais was arrested a second time, pending trial, on

15 November 2021, and that the Court of Cassation published a final decision on his case on

29 November 2022. Based on the facts presented, the Working Group is unable to conclude

that the delay of over one year between Mr. Ibhais’s second arrest and the publication of the

Court of Cassation’s decision constituted a breach of article 14 (3) of the Covenant.

82.

Considering the above circumstances, the Working Group concludes that the

violations of Mr. Ibhais’s right to a fair trial under article 14 of the Covenant and articles 10

and 11 of the Universal Declaration of Human Rights were of such gravity as to render the

detention arbitrary under category III.

3.

Disposition

83.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Abdullah Ibhais, being in contravention of articles 3, 9,

10, 11, 18 and 19 of the Universal Declaration of Human Rights and articles 9, 14, 18

and 19 of the International Covenant on Civil and Political Rights, is arbitrary and

falls within categories I, II and III.

84.

The Working Group requests the Government of Qatar to take the steps necessary to

remedy the situation of Mr. Ibhais without delay and bring it into conformity with the relevant

international norms, including those set out in the Universal Declaration of Human Rights

and the International Covenant on Civil and Political Rights.

85.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Ibhais and accord him an enforceable

right to compensation and other reparations, in accordance with international law.

86.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Mr. Ibhais and to take appropriate measures against those responsible for the violation of his

rights.

87.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

88.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Ibhais has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr. Ibhais;

(c)

Whether an investigation has been conducted into the violation of Mr. Ibhais’s

rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Qatar with its international obligations in line with the

present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

89.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

90.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

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to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

91.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.19

[Adopted on 20 March 2024]

19 Human Rights Council resolution 51/8, paras. 6 and 9.