QATAR: ARBITRARY DETENTION OF ABDUALLAH IBHAIS

The International League Against Arbitrary Detention urges the Government of Qatar to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 12/2024 concerning Abdullah Ibhais, asking the Government of Qatar to immediately and unconditionally release Abdullah Ibhais and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Abduallah Ibhais (Qatar): Opinion No. 12/2024

2022 FOOTBALL WORLD CUP WORKER ARRESTED WITHOUT KNOWING THE REASON

Abduallah Ibhais is a Jordan national who was working for the Qatar Supreme Committee for Delivery and Legacy, the local partner organization for the 2022 Fédération Internationale de Footbal Association (FIFA) World Cup as a media manager in Doha at the time of his arrest.

The source declared that Mr Ibhais was asked to make a statement to refute the claims that migrant workers protesting in Qatar were related to projects of the 2022 World Cup. After visiting the migrant workers protesting and seeing their living conditions, he refused to issue the statement. Mr Ibhais was then removed from his position. His employer proposed another role, he refused but was then forced to accept it under pressure, meanwhile he also started searching for a new employment.

Mr Ibhais was first arrested on 13 November 2019 and was sent to the Criminal Investigation Department offices in the Duhail district of Doha without a warrant or information about the reason for his arrest. During this detention, Mr Ibhais did not have access to a lawyer and was threatened and finally forced to sign a confession stating that he had leaked defence secrets 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. After that, he was transferred to the State Security Prosecution office and interrogated by unidentified officers. Mr Ibhais signed another confession under the officers pressure confessing to misuse of public funding.

Mr Ibhais was finally released on 21 December 2019 after paying a bail. His defence was made aware of the warrant for his arrest dated on 11 November 2019 when his case was sent to the Court of First Instance on 17 January 2021.

The 19 January 2021, the trial of Mr Ibhais began. None of his lawyers had any access to the case files before the trial started. On April 26, 2021, Mr Ibhais was found guilty 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.

Mr Ibhais appealed the decision but was rearrested on 15 November 2021. Mr Ibhais is currently in detention in the central prison in Doha suffering of poor detention conditions that is to say difficult health conditions, restricted visits, sleep deprivation and he is often placed in solitary confinement.  Finally, on 15 December 2021, the Court of Appeal reduced his sentence.

The Government of Qatar was given the opportunity to rebut the allegations made by the source but choose not to do so.

NO WARRANT NOR REASON PROVIDED FOR HIS ARREST

At the time of his arrest, Mr Ibhais has not been presented with a warrant or with a reason for his arrest. Because it goes against the right for an individual to be promptly informed of the charges against him, the Working Group found that it violated articles 3 and 9 of the Universal Declaration of Human Rights and article 9 (1) and (2) of the Covenant.

After his arrest on 12 November 2019, Mr Ibhais was promptly presented to a prosecutorial body but only before a judge on the 19 December 2019, which is more than 48 hours after his arrest. The Working Group recalled that a prosecutorial body is not considered as a judicial authority. As of, it found that this violated the article 9 (3) of the Covenant.

In view of the above, the WGAD concluded that Mr Ibhais’ arrest and detention were arbitrary under category I.

PEACEFUL EXERCISE OF HIS RIGHTS AND FREEDOMS

As mentioned before, Mr Ibhais refused to issue a statement requested by his employer. As a result, he was removed from his work position. His arrest occured shortly after his employer, the Supreme Committee for Delivery and Legacy, had informed the authorities of his criticisms and the Working Group found the two incidences possibly related to each other. The WGAD recalled that according to the Covenant, the freedom of expression may be restricted based on national law as long as it does not violate international law. The Government of Qatar did not respond to these allegations. The Working Group found that Mr Ibhais situation violated article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant since it was an unjustified limitation of his right to freedom of opinion and expression.

The Working Group also found that Mr Ibhais' situation represented an exercise of his freedom of conscience as he refused to issue a statement that went against his views. The Working Group found a violation of the freedom of conscience and thought enshrined in the article 18 of the Universal Declaration of Human Rights and article 18 of the Covenant.

Therefore, the Working Group found that the deprivation of liberty of Mr Ibhais was arbitrary under category II.

VIOLATION OF HIS RIGHT TO A FAIR TRIAL

Following his arrest, Mr Ibhais was not provided with access to a legal representative. It was only nine days after his arrest that he was able to contact a lawyer. Accordingly, the Working Group found that his detention violated the article 14 (3) (b) of the Covenant and was 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), as well as 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, because his right to legal assistance was denied.

Moreover, Mr Ibhais’ defence was only able to have access to the case filed on the day his first trial started. During his trial, his lawyer was not allowed to present a defence. At the time of his appeal, Mr Ibhais’ representative was only able to present a defence for five minutes without the presence of the judge. Furthermore, neither Mr Ibhais nor his attorney were present during the sentencing hearing because they were only made aware of it and the decision made late after the hearing itself, on 29 November 2022.

Also, Mr Ibhais has been placed several time in solitary confinement while imprisoned without access to contacting with his family. The WGAD considered this a violation of article 14 (3) of the Covenant and contrary to principles 15 to 19 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

Finally, the source alleged that Mr Ibhais was forced to sign confessions and that he was also interrogated without the presence of a lawyer. The Working Group considered that this situation violated Mr Ibhais’ rights to be presumed innocent and not to confess guilt as enshrined in articles 10 and 11 of the Universal Declaration of Human Rights and article 14 (2) and (3) of the Covenant.

In view of the above, the Working Group concluded that Mr Ibhais’ detention was arbitrary under the category III.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Abduallah Ibhais was arbitrary and fell under categories I, II, III because the deprivation of liberty of Abduallah Ibhais was 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.

The Working Group recommended that the Government of Qatar take the steps necessary to remedy the situation of Abduallah Ibhais without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.