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Clampdown on civil liberties in Qatar concerns lawyers
The conviction and life imprisonment sentences handed down to two lawyers on 10 May 2022, who are also brothers, have been widely interpreted as an attack on the freedoms of the legal profession in Qatar.
Simon Levett
On 10 May 2022, the Second Circuit Criminal issued a life sentence for Qatari lawyers Hazza bin Ali Abu Shurayda al-Marri and Rashed bin Ali Abu Shurayda al-Marri on charges, including “resorting to threats and other illegal means to compel the Emir to perform work within his legal jurisdiction”, “spreading false and malicious rumors and news at home and abroad with the intent of harming national interests”, “promoting, broadcasting and disseminating, through information technology means, incorrect news with the intent of endangering the safety of the state and its public order”, “stirring up public opinion and compromising the state’s social order”, and “organising a public assembly without a license”.
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A joint statement issued on 27 May 2022 – signed by a range of rights groups – condemned the trial and the imprisonment. The select groups were Lawyers for Lawyers, the Gulf Centre for Human Rights, Lawyers’ Rights Watch Canada, MENA Rights Group, and the Institute for the Rule of Law of the International Association of Lawyers.
The joint statement said that “the undersigned organisations are deeply concerned that the life sentences issued against Hazza bin Ali Abu Shurayda al-Marri and Rashed bin Ali Abu Shurayda al-Marri are connected to, and serve to unlawfully restrict, their legitimate activities as attorneys and the exercise of the right to freedom of expression”.
The organisations stated: “We urge the relevant Qatari authorities to release Hazza bin Ali Abu Shurayda al-Marri and Rashed bin Ali Abu Shurayda al-Marri and expunge all convictions against them until there are legitimate charges supported by credible evidence presented in proceedings that comply with fair trial guarantees, and guarantee that all lawyers in Qatar are able to practice law without threat, intimidation, hindrance, harassment, improper interference or reprisals in line with international law and standards on the role of lawyers.”
Qatar has an obligation to respect, protect and fulfil human rights, being a signatory to the International Covenant to Civil and Political Rights, as ratified in 2018. Article 19(2) of the ICCPR states that “everyone shall have the right to freedom of expression; this right shall 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”. These rights must be safeguarded against disproportionate or unnecessary interference by governmental bodies.
Other provisions that may have been violated include article 9 of the ICCPR regarding the protection of liberty and security of persons and article 14 of the ICCPR regarding the right to a fair trial.
The United Nations Basic Principles on the Role of Lawyers also state that governments must ensure that lawyers are able to perform their function “without intimidation, hindrance or improper interference” (Principal 16). This is particularly given the fact that the lawyers were tried during closed sessions.
