State of Qatar (Qatar).

Asia (Western Asia).

Arabic.

1,448,446.

Retentionist.

In 2020, Qatar carried out its first known execution in decades.

In May 2020, Qatar carried out its first execution in decades.

Hanging.

Executions can be carried out by hanging.

Shooting.

Executions can be carried out by shooting.

Comments.

Executions are “rare” in Qatar, and we have not located many reports of executions; the most recent execution was by firing squad. Qatar has rejected recommendations of members of the Human Rights Council that it “abolish stoning and flogging from its legislation;” we found no legislation that establishes stoning as a punishment. A reasonable explanation of Qatar’s rejection is that it should not be asked to abolish punishments that do not exist under its current legislation, but we may not have all the relevant laws, or Article 1 of the Penal Code could be interpreted by some as authorizing Shari’a-based methods of punishment.

At least 15.

In 2015, Amnesty International estimated that at least seven people remained on death row at the end of the year. Four death sentences were issued in 2016, although it was not possible to determine how many persons were on death row. One death sentence was issued in 2017, and at least one sentence was issued in 2018.
In 2019, at least two new death sentences were imposed. In 2020, one execution was recorded and at least four new death sentences were imposed.

(This question was last updated on December 1, 2021.).

No.

While Qatar executes only rarely and in its recent report to the Human Rights Council treated the death penalty as a non-issue, Qatar continues to issue death sentences and, in 2009, signed the Note Verbale dissociating from the U.N. General Assembly’s 2008 resolution for a moratorium on executions.

Qatar’s Constitution does not directly or indirectly reference capital punishment or a right to life, but does provide that “no person may be subjected to torture, or any degrading treatment…”.

Aggravated Murder.

Parricide, murder by poisoning, explosion, murder of a public employee or murder aggravated by another offense carries the death penalty. The government’s unofficial English translation of the Penal Code is not adequate to determine whether “premeditated murder” means a murder lacking sufficient provocation or instead means a murder involving planning or laying in wait.

Murder.

Premeditated murder, which might be defined as murder in the absence of immediate provocation, carries the death penalty.

Other Offenses Resulting in Death.

Intentional killing is punishable by death. Hirabah (highway robbery or violent robbery) resulting in death may carry the death penalty when the offender or victim is a Muslim. Arson resulting in death is punishable by death. Torture to obtain forced confessions or self-incrimination, resulting in death, is punishable by death. Kidnapping resulting in death is punishable by death. Calumny (bearing false witness) carries the death penalty when resulting in execution of an innocent person. Killing a public official in resisting enforcement of the narcotics laws carries the death penalty.

Terrorism-Related Offenses Resulting in Death.

Sinking or damaging a maritime vessel, theft of merchandise aboard a plane or ship (perhaps piracy), dumping in, infecting, or otherwise spoiling water resources, or purposely committing an act that could lead to spread of infection or an epidemic carries the death penalty when resulting in death. Causing the death of a person in conjunction with an act with “terrorist purposes” (broadly defined as acts ranging from interference with the legal or public order to acts aimed at causing terror or disunity to acts of eco-terrorism or causing other serious harm) carries the death penalty.

Terrorism-Related Offenses Not Resulting in Death.

Bearing arms for a “terrorist purposes” (broadly defined as acts ranging from interference with the legal or public order to acts aimed at causing terror or disunity to acts of eco-terrorism or causing other serious harm) carries the death penalty. Founding an organization or using an organization to commit terrorist acts is punishable by death. Receiving paramilitary training to commit a terrorist act (against Qatar) is punishable by death.

Rape Not Resulting in Death.

Rape of a male or female is punishable by death: rape by a relative, guardian, caretaker or servant of the victim carries the death penalty. Rape is presumed if the victim is known to the offender to be mentally unstable (unable to consent). Statutory rape of a victim the offender knows is under the age of 16 carries the death penalty if the offender is the victim’s relative, guardian, caretaker or servant.

Drug Trafficking Not Resulting in Death.

Economic Crimes Not Resulting in Death.

Recidivist drug trafficking-related offenses are punishable by death.

Treason.

Extortion by threat of accusation of a crime of honor (such as adultery) is punishable by death.

Espionage.

Treason against the external security of the state, such as bearing arms against the state (or instigating the same), perpetrating acts to undermine the independence or territorial integrity of the state, assisting in the hostile acts of a foreign state, interfering with the defense (including by breach of a defense contract during time of war), or giving information to an enemy, carries the death penalty. Working for a foreign country, if detriment to the state occurs, is punishable by death. Treason against the internal security of the state, such as insurrection or attempts on the person of the Emir or vice-Emir, carry the death penalty. Attacks on the leader of a foreign nation are considered crimes against state security, and are punishable by death.

Comments.

Espionage for benefit of an enemy carries the death penalty. Any espionage damaging to the state is punishable by death.

Under Article 92 of the Penal Code, a court may reduce a capital sentence to as little as five years imprisonment if the circumstances of the crime call for mercy. This provision affects most law that would otherwise provide for a mandatory sentence of death. However, under Article 92(4) of the Penal Code, courts may not award reduced sentences for terrorist offenses, and some terrorism-related offenses carry the mandatory death penalty.

Additionally, Article 1 of the Penal Code provides that for hadd and qesas offenses, Islamic Shari’a applies if the suspect or victim is a Muslim. Thus, adultery and hirabah (highway robbery) resulting in death carry the mandatory death penalty as hadd, and murder is punished by death unless the victim’s family pardons the offender (either for blood money or as an act of forgiveness). Such a death penalty is mandatory by international standards because a court cannot independently determine to exercise discretion during sentencing.

Aggravated Murder.

For crimes involving Muslim offenders or victims, aggravated murder carries the mandatory death penalty unless the victim’s family pardons the offender (for a payment of blood money or as an act of forgiveness). We do not know whether Article 92, a universal provision permitting discretion, is applied when Muslims are not involved in an aggravated murder.

Murder.

For murder involving Muslim offenders, qesas may apply in the absence of a pardon from the victim’s family (for a payment of blood money or as an act of forgiveness), and this constitutes a mandatory death penalty. We do not know whether Article 92, a universal provision permitting discretion, is applied when Muslims are not involved in an murder.

Other Offenses Resulting in Death.

Hirabah (highway robbery, or violent robbery) resulting in death may carry the mandatory death penalty if the offender or victim is a Muslim.

Terrorism-Related Offenses Resulting in Death.

Terrorism resulting in death carries the mandatory death penalty; courts are expressly forbidden to exercise discretion in sentencing. Any offense under the Penal Code committed for “terrorist purposes” carries the mandatory death penalty if resulting in death.

Terrorism-Related Offenses Not Resulting in Death.

Terrorism involving the use of arms carries the mandatory death penalty, and any offense punishable under the Penal Code by at least life imprisonment carries the death penalty when committed for “terrorist purposes;” courts are expressly forbidden to use discretion during sentencing.

Drug Trafficking Resulting in Death.

Killing a public official in resisting enforcement of the narcotics laws carries the death penalty. Article 92 of the Penal Code (permitting discretion) might not apply.

Comments.

Offenses such as adultery involving Muslims could carry the mandatory death penalty if extreme evidentiary requirements are met, but the court’s discretion in avoiding a factual finding that would require the death penalty might be considered sufficient to render this penalty discretionary. We did not find reports of its recent application, or of other hadd offenses indicated by Article 1.

The government’s unofficial translation of the Penal Code is at times unclear."

Individuals Below Age 18 at Time of Crime.

Qatar’s Penal Code prohibits the execution of individuals for crimes committed while under the age of 18, and Qatar has ratified the Covenant on the Rights of the Child (with reservations to unrelated provisions), which prohibits that practice."

Pregnant Women.

Under Qatar’s Criminal Procedure Code, pregnant women cannot be executed until after delivery. Qatar has ratified the Arab Charter on Human Rights, which prohibits that practice."

Women With Small Children.

Under Qatar’s 2004 Criminal Procedure Code, women sentenced to death as qisas (a kin’s right of retaliation such as for murder) or hadd (a Quran-prescribed punishment) will be executed after delivery; however, women sentenced to death as tazir (a merely statutory penalty) are not executed until two years after delivery, and their sentences may be commuted. In 2009, Qatar ratified the Arab Charter on Human Rights, which prohibits the execution of nursing mothers, so the exception for nursing mothers may now be complete regardless of the nature of a woman’s crime.

Intellectually Disabled.

Under Qatar’s Penal Code, “mental defect” resulting in partial incapacity is an extenuating excuse, while total incapacity precludes criminal responsibility.

Mentally Ill.

Under Qatar’s Penal Code, mental insanity resulting in partial incapacity is an extenuating excuse, while total incapacity precludes criminal responsibility.

Elderly.

There is no specific exception for the elderly, but under Qatar’s Criminal Procedure Code, a person held under sentence of death for 30 years will not be executed.

Comments.

According to Amnesty International, there were no executions in 2008 and 2009;.

We did not find any significant published cases. There have been cases with significant outcomes, such as the conviction of members of the 1996 coup attempt followed by the Court of Appeal’s decision to increase their sentences to the death penalty; this case was protested as involving tortured confessions and unfair trials. Any significance this case might have could be diminished by thoroughgoing changes to law and courts subsequent to that case; reports based on current data challenge (but do not disprove) the contention that tortured confessions and unfair trials are a major issue in Qatar.

Under Article 6 of the Constitution, “The State shall respect the international charters and conventions, and strive to implement all international agreements, charters, and conventions it is party thereof.”

While Qatar has recently expressed interest in ratifying the International Covenant on Civil and Political Rights, it has not yet done so. Thus, the Human Rights Committee does not review human rights practices in Qatar for compliance with the Covenant.

Members of the Human Rights Council in its 2009 Universal Periodic Review of human rights in Qatar recommended that Qatar continue to work to assure fair trials and conditions permitting adequate defenses, the right to the presumption of innocence, the right of appeal, and the right to the possibility of mercy; Qatar supported these recommendations. Qatar did not support recommendations that it commute all death sentences and institute an official moratorium on executions with a view towards abolishing the death penalty.

Yes. The Criminal Procedure Code requires courts to appoint counsel for unrepresented criminal defendants. Reportedly, in practice the government provides counsel for indigent defendants.

We were unable to confirm whether indigent prisoners receive state-funded counsel during ordinary review of capital cases by the Court of Appeal and Court of Cassation, which is a mandatory process.

We did not find comments on the quality of legal representation.

A judgment awarding the death penalty must be unanimous; after such a decision, the Court of First Instance must produce a written opinion signed by the Chief Judge within 15 days of the judgment (or else the conviction is nullified). Appeals in capital cases are automatic; the prosecutor must file the trial court’s judgment along with the prosecutor’s memorandum of opinion within 30 days with the Court of Appeal. The Court of Appeal reviews questions of both law and fact de novo. Cassation appeals are also automatic; within 60 days of a decision by the appeals court, the prosecutor must file that court’s judgment along with the prosecutor’s memorandum of opinion with the Court of Cassation. This final court of appeal reviews cases for mistake of law, procedure and jurisdiction after the merits of cases have been determined.

Beyond this mandatory review process, individuals may also apply to the Court of Cassation for fact-based reconsideration if (among other factors) there are new facts supporting their innocence or new facts that could lead to mitigation; execution of a death sentence is stayed upon a request for reconsideration. Also, Pursuant to Article 140 of the Constitution, Qatar enacted Law No. 12 of 2008 establishing a Constitutional Court. While our access to the law or a full description is lacking, what we do know suggests that individuals may file interlocutory appeals with the Constitutional Court on constitutional questions involved in their cases.

The U.S. Department of State reports that high filing fees (from $360 to $5,500) restrict the right to appeal at all levels; the fact that Qatar requires its prosecutors to initiate appeals for capital defendants suggests that capital defendants do not face this restriction.

Reports of separate processes in Sharia courts for serious criminal offenses are outdated or mistaken; over the last decade, Qatar has unified its courts into a Sharia-influenced secular court system.

Under Article 67 of the Constitution, the Emir has the right to pardon offenders or commute sentences “in accordance with the law.” The penal law indicates that a final death sentence must be ratified by the Emir prior to execution and that commutation is automatic after 30 years. We did not find specific laws describing the clemency process or the extent of the Emir’s legal prerogative of mercy; we do not know whether that power is limited in the case of qisas or hadd. In 2009, Qatar ratified the Arab Charter on Human Rights, which states in Article 6 that all individuals sentenced to death must be allowed to seek pardon or commutation; this suggests that the right to seek pardon or commutation should extend to all death-sentenced individuals.

The U.S. Department of State reports that a committee within the Ministry of the Interior reviews cases and makes recommendations on leniency to the Emir.

Yes, trials are by jury (a Court of Assizes).

Human rights organizations have questioned the Emir’s potential to interfere with the judiciary by removing judges, deporting foreign nationals, and withdrawing Qatari citizenship. The U.S. Department of State confirms that the judiciary is susceptible to interference, particularly because a majority of judges in Qatar are foreign nationals who can be easily deported; however, the Emir has not exercised his power to remove a judge. Our evaluation is that while the Emir’s discretion is commendable and the judiciary is probably independent, the existence of broad-ranging powers to remove judges diminishes the independence of any judiciary.

The U.S. Department of State reports that while torture, ill-treatment of prisoners, unfairness in legal proceedings and other violations may have been problematic in the past, Qatar is actively addressing and eliminating these problems. Qatar’s imperfect but ongoing efforts to address torture and related issues have been recognized by the U.N. Committee on Torture. Still, the majority of individuals currently held under sentence of death have alleged that they were tortured for confessions and faced unfair trials.

Reportedly, in practice individuals are not presumed innocent and are required to prove their innocence.

We did not find reports on the location of death row in Qatar; the U.S. Department of State reports that convicted prisoners are held at the State Security Prison and the Central Prison.

Reports indicate that Qatar’s prisons sometimes do not meet minimum international standards and may sometimes overcrowded, although overcrowding may be mainly in pre-trial and pre-deportation detention facilities. Conditions at the State Security Prison are better than those at the Central Prison. Reports of torture and abuse are on the decline.

Yes; reports indicate that at least six out of the approximately 20 individuals on death row in Qatar are foreign nationals.

Reports indicate that foreigners on death row include nationals of Saudi Arabia, Jordan, India and Nepal.

Yes.

We found no reports that individuals in Qatar are held under sentence of death for crimes committed while under the age of 18; this practice is prohibited in Qatar.

Reports indicate that at least six out of the approximately 20 individuals on death row in Qatar are foreign nationals; at least some of these individuals are migrant laborers from poor countries. Qatar’s population predominantly consists of foreign nationals; reports indicate that the rights of and exercise of rights by foreign nationals is somewhat limited.

The scope of the death penalty has been somewhat better defined in Qatar over the last several decades; while the scope may have been recently enlarged, execution of death sentences remains rare. Over the last several decades, Qatar has instituted a permanent Constitution, codified its penal law and criminal procedure code with provisions protecting the rights of the accused and continued to enter international human rights treaties; these represent significant changes at least in that they legally define the scope of the death penalty. Additionally, over the last decade Qatar has unified its courts into one Sharia-influenced secular system, which should render jurisprudence more predictable and unified than is possible in a dualistic system. In 2008, Qatar instituted a Constitutional Court that hears appeals on constitutional questions; this plausibly will improve the protection of constitutional rights related to application of the death penalty (such as the right to a fair trial and the prohibition of tortured confessions, over which Amnesty International has expressed concern in the past). On the other hand, laws passed in 2004 created a mandatory death penalty for vaguely defined terrorist offenses. Executions of death sentences have been extremely rare in Qatar over the past three decades, so in terms of carrying out death sentences, there have been no major changes.

None.

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk.

The Supreme Judiciary Council is building an Arabic and English website at: http://www.sjc.gov.qa/arabic/intro.html. We have not determined whether judicial decisions of the courts will ultimately be available through this resource.

NYU Law’s GlobaLex program maintains a page on Qatar’s legal system, including suggested research tools, at: http://www.nyulawglobal.org/globalex/Qatar.htm. This resource may provide notification as new resources for researching the decisions of Qatar’s courts become available.

None.

None.