QATAR: ARBITRARY DETENTION OF BRITISH CITIZEN

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. 64/2024 concerning Matthew Alexander Pascoe, asking the Government to immediately and unconditionally release them and to accord them an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Matthew Alexander Pascoe: Opinion No. 64/2024.

ARREST OF A BRITISH CITIZEN UNDER DRUGS CHARGES

Matthew Alexander Pascoe is a citizen of Great Britain born in 1992. He worked in Qatar as a social media and marketing consultant and holds a Qatari identity card.

He was first arrested on 27 September 2018 at 2.20 a.m. in the courtyard area outside his apartment by Drug Enforcement Agency officers in plain clothes and in unmarked vehicles as a friend of his informed that he was the source of his drug supply. Earlier that day, Mr. Pascoe’s friend took part in the operation to arrest him and asked to meet him in his car to sell him drugs. Mr. Pascoe refused at several occasion according to the source but he was nonetheless arrested. During his transfer to the Agency, an English interpreter was present in the car and Mr. Pascoe was reportedly coerced to tell where he lived and to confess to crimes he did not commit. Mr. Pascoe was questioned by the Office of the Prosecutor that same day and refused his request to have a lawyer and see a doctor despite a visible head injury. An alleged confession was subsequently written in Arabic by police officers which he refused to sign but was force to do. He was then transferred to Duhail Prison later that day and submitted to a urine test during the next night.

Mr. Pascoe saw a judge on 30 September 2018, without a lawyer or consular assistance. His apartment was searched on 1 October 2018 without having being sealed beforehand and without the presence of his lawyer, and, allegedly, drugs were allegedly found with material for growing it. Mr. Pascoe had a private meeting with his lawyer for the first time on 8 October 2018, day where he met officials from the British Embassy under supervision. On 8 November 2018, Mr. Pascoe was released on bail.

Mr. Pascoe received a letter on 2 April 2019 informing him of the charges being brought against him. His trial started on 16 April 2019. After pleading not guilty, he received the judgment of the Court of First Instance 8 months later, in which the Court found Mr. Pascoe guilty and sentenced him to 15 years in prison and a fine of QR 300,000. The appeal against the judgment was filed on 23 December 2019 by Mr. Pascoe’s lawyer and he appeared before the court on 7 January 2020. His bail was revoked and he was taken to Capital Prison. After three appearances in front of the court with no interpreters and few to no question asked, his sentence was reduced to 7 years. On 8 September 2020, Mr. Pascoe’s lawyer submitted the memorandum of defence to the Court of Cassation which confirmed the decision of the Court of Appeal on 22 April 2021.

The Working Group transmitted the allegations to the Government of Qatar, but it submitted its response after the deadline so it was not taken into consideration by the Working Group.

ARRESTED WITHOUT A WARRANT, HELD INCOMMUNICADO AND DENIED THE RIGHT TO CHALLENGE THE LEGALITY OF HIS ARREST AND DETENTION

According to the source, Mr. Pascoe was showed the arrest warrant on the first day of his trial, and informed of the charges only 2 weeks before, meaning 188 days after his arrest. In that regard, the Working Group found that Mr. Pascoe’s situation was in violation of articles 9 (1) and (2) of the Covenant and article 9 of the Universal Declaration of Human Rights as he was arrested without any legal basis due to the absence of an arrest warrant and the lack of information regarding the reasons of his arrest.

Moreover, the source submitted that Mr. Pascoe was held incommunicado from the moment of his arrest on 27 September 2018 until 2 October 2018 as his family was not informed of his arrest or whereabouts. The Working group recalled that incommunicado detention prevents prompt presentation before a judge and right to challenge the lawfulness of the detention before a court. Therefore, the Working Group that his situation violated articles 6 and 8 of the Universal Declaration of Human Rights and articles 2 (3) and 16 of the Covenant given that there was no possibility for him to challenge the legality of the detention and that he was placed outside the protection of the law.

Lastly, Mr. Pascoe was reportedly not allowed to contact his lawyer during the first 12 days of his detention nor the British Embass or his family during the first week. As recalled by the Working Group and the Human Rights Committee, detainees must be allowed to receive visits as it provides safeguards against torture and arbitrary detention. Thus, his situation was considered to be in complete disregard of rules 43 (3) and 58 (1) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and principles 15, 16 (1) and 19 of the Body of Principles.

Hence, the Working Group found that the arrests and detentions of Mr. Pascoe lacked a legal basis deeming his deprivation of liberty as arbitrary under category I.

DENIED THE RIGHT TO EFFECTIVE LEGAL ASSISTANCE AND ACCESS TO COMPETENT AND IMPARTIAL TRIBUNAL AND FORCED TO GIVE INCRIMINATORY STATEMENTS UNDER DURESS OR TORTURE

The source reported that Mr. Pascoe was denied any private contact with his lawyer for 12 days as the first meeting was monitored and his lawyer's presence was refused during interrogations and searches. In that regard, the Working Group affirmed that all persons deprived of their liberty have the right to legal assistance by counsel of their choice at any time during their detention and that the confidentiality of those exchanges must be respected. For these reasons, the Working Group found a violation of articles 14 (1) and (3) (b) of the Covenant.

Furthermore, the source claimed that Mr. Pascoe was physically beaten and coerced to tell the police his address and to confess to crimes in Arabic, with no English translation. The Working Group first recalled that confessions made in the absence of legal counsel were not admissible as evidence in criminal proceedings and that everyone should understand information regarding the charges against them and should therefore have the assistance of an interpreter if necessary. As Mr. Pascoe was coerced into confessing without any legal or consular assistance, in a language that he does not understand, the Working Group found a violation of article 14 (3) (f) of the Covenant.

Finally, according to the source, Mr. Pascoe was not able to access his case file before the beginning of his trial, which was filled with fabricated evidence. It also submitted that during the trial, cross-examination was not permitted. Based on that, the Working Group concluded that Mr. Pascoe’s right to timely access to the evidence against him, under article 10 of the Universal Declaration of Human Rights and article 14 (1) and (3) (b) and (e) of the Covenant, was violated.

Therefore, considering all the above, the Working Group found that the violation of the right to a fair trial and due process of Mr. Pascoe had been of such gravity as to render his deprivation of liberty arbitrary under 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 Mr. Pascoe was arbitrary and fell under categories I and III because his deprivation of liberty was in contravention of articles 6, 8, 9 and 10 of the Universal Declaration of Human Rights and articles 2, 9, 14 and 16 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Qatar take the necessary steps to remedy the situation of Matthew Alexander Pascoe 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.

The Working Group also urged the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Matthew Alexander Pascoe and to take appropriate measures. Lastly, it requested the Government to bring its laws into conformity with the recommendations of the opinion.