Amendments to the Penal Code and their impact on human rights in Qatar

Introduction: Reinforcing the protection of human rights in Qatar through legislation

Qatari legislation, within the framework of its respect for international conventions, seeks to promote human rights and ensure equality and justice. Among the most significant of these steps are the amendments made to the Qatari Penal Code by Law No. 2 of 2020, which introduced principles that consecrate the protection of individuals’ rights and ensure that they are not violated except as per the stipulated legal procedures.

Human rights in Qatar: Concept and International Reference

Definition of human rights:

Human rights include all the essential rights the individual possesses that guarantee his dignity, such as the right to life, liberty, education, health, and other rights stipulated by divine religions and international covenants.

International reference:

• Article (1) of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.”
• Article (2): Discrimination in all its forms is prohibited.

The most prominent amendments to the Penal Code and their impact on human rights

Law No. 2 of 2020 witnessed substantial amendments that strike a balance between the protection of human rights and the preservation of the state’s public security. Here are the most prominent ones:

1- Crimes committed on board foreign ships and aircraft 

As per the amended Article (15), the Penal Code does not apply to crimes committed on board foreign ships and aircraft except in specific cases:

• If the effects of the crime extend to Qatar.
• If the crime affects state security or public order.
• If the captain of the ship or aircraft requests the assistance of the Qatari authorities.
• If the perpetrator or the victim is a Qatari national or resident in the State.

2- Crimes committed against the State outside Qatar

As per the amended Article 16, crimes that threaten the security or sovereignty of the state, such as:

1. Bribery and embezzlement.
2. Counterfeiting currency and official documents.

3- Possession of crime proceeds is penalized. 

Article 367 criminalizes knowingly possessing or concealing crime proceeds, even if the person did not participate in the commission of the crime.

4- Criminalization of spreading rumors or false news 

The legislator added Article (136 bis), which penalizes the spreading of rumors or false news aimed at:

• Damage national interests.
• Stir up public opinion.
• Disturb the social order.

5- Combating piracy and armed robbery 

The amendments criminalized acts of piracy and armed robbery against ships and aircraft as per Articles (245 bis, 245/2a bis), including:

• Acts of robbery and violence against persons or properties.
• Incitement to commit such acts.

6- Crimes related to organized criminal groups Articles (395 bis A, 395 bis A/1) stipulate that whoever forms or participates in an organized criminal group that aims to commit crimes to achieve financial or material benefits shall be punished.

The amendments and their impact on promoting justice and human rights

These amendments contribute to:

1. Protecting the rights of individuals from arbitrariness and violations.
2. Ensuring the equality of citizens and residents before the law.
3. Providing legal guarantees for suspects and defendants until proven guilty.
4. Strengthen public security without prejudice to the fundamental rights of individuals.

Compatibility with international agreements

These amendments are consistent with the provisions of the Universal Declaration of Human Rights, in particular:

• Article (9): The right to access the judiciary for the redress of individuals.
• Article (10): The right to due process before an independent and impartial court.

Conclusion: Protecting Rights while Achieving Security

The amendment to Qatar’s Penal Code demonstrates the state’s commitment to protecting human rights in accordance with the highest legal standards and ensuring that individuals are not subject to violations except within a strict legal framework that ensures justice and equality, thereby striking a balance between the rights of individuals and the requirements of security and stability.