Law No. (3) of 2004 on Combating Terrorism

1 LAW NO (3) OF 2004 0N COMBATING TERRORISM We, Hamad Bin Khalifa Al Thani, Emir of the State of Qatar, After having perused the Amended Provisional Constitution, particularly Articles 23, 34, and 51 thereof; and The Penal Code of Qatar, promulgated by Law No. 14 of 1971 and amending laws thereof; and The Code of Criminal Procedures promulgated by Law No. 15 of 1971, and amending laws thereof; and Law No.14 of 1999 on Weapons, Ammunitions and Explosives, as amended by Law No.2 of 2001; and Law No. 28 of 2002 on Anti-Money Laundering, as amended by Law Decree No. 21 of 2003; and Law No. 10 of 2002 on the Public Prosecution; and Law No. 17 of 2002 on the Protection of Society; and The Judiciary Authority Law, promulgated by Law No. 10 of 2003; and The proposal of the Minister of Interior; and The draft law submitted by the Council of Ministers; and After having consulted the Advisory Council, “Shoura”, Have decided the following law:

2 Article (1)

In applying the provisions of this Law, the felonies provided for in the Penal Code or any other law shall be considered terrorist crimes, if committed for a terrorist purpose. A purpose is said to be a terrorist purpose, when the motive for using force, violence, threat, or causing terror, is obstructing application of the provisions of the Amended Provisional Constitution or the Law, breaching the public order or exposing the public safety and security to danger or damaging the national unity that results or could have resulted in injuring the public, or terrifying them, exposing their life, liberty or security to danger, harming the environment, public health, the national economy, public or private utilities, establishments, or properties, or seizure thereof or hindering their functions, or obstructing or hindering the public authorities from exercising their duties. Article (2) The following punishments shall be applied in the terrorist crimes provided for in the preceding Article instead of the punishments prescribed therefore: 1- Death penalty, if the sentence prescribed for the crime is life imprisonment. 2- Life imprisonment, if the sentence prescribed for the crime is imprisonment for a period not less than 15 fifteen years. 3- Imprisonment for a period not less than 15 fifteen years, if the sentence prescribed for the crime is not less than 10 ten years. 4- The maximum sentence prescribed for the crime, if that sentence is imprisonment for a period less than 10 ten years. In all cases, the punishment shall be with the death penalty, if the crime caused the death of a person, or if weapons are used in committing the crime.

3 Article (3 Every person who founds, establishes, organizes or directs a group or an organization in contravention to the law, under whatever name, to commit a terrorist crime shall be punished with the death penalty or life imprisonment. Every person who joins one of such groups or organizations or participates in their work in any form, knowing of their purpose, shall be punished with life imprisonment.

Article (4) Every person who provides any of the groups or organizations provided for in the preceding Article with the explosives listed in Schedule (4), or the weapons listed in Part II of Schedule (2) attached to the Law No.14 of 1999, shall be punished with life imprisonment.

The same punishment shall be imposed upon any person who provides any of the groups or organizations referred to in the preceding paragraph, knowing of their pupose, with weapons, ammunitions, technical information, material or financial support, information, or equipment, or provides them with supplies, raises money for them, or provides their members with shelter or place for meeting or any other facilities. Article (5) Every person who coerces another person into joining any of the groups or orgnizations, provided for in Article (3) of this Law, or prevents that other person from dissociating himself from them, shall be punished with life imprsonment. Article (6) Every person who directs an entity, asssociation, or private institution, founded under the Law, and uses such management to committing a torrorist crime, shall be punished with the death penalty or life imprisonment.

4 Article (7) Any Qatari who collaborates with or joins any association, body, organization, party, or group, whatever called, which is located abroad, and committing a terrorist crime, even if such crime is not directed against the State of Qatar, shall be punished with imprisonment for a period not less than five years and not exceeding fifteen years.

The punishment shall be imprisonment for a period not less than ten years and not exceeding fifteen years if the Perpetrator has obtained military training with any of the bodies referred to in the preceding phargraph, and the punishment shall be with the death penalty if such military training is intended for committing a terrrorist crime against the State of Qatar. Article (8) Any person who trains one person or more on using weapons with the intention of using such person in committing a terrorist crime shal be punished with imprisonment for a period not less than five years and not exceeding fifteen years. And any person who obtains training on using weapons for the purpose of commiting a terrorist crime shall be punished with imprisonment for a period not less than three years and not exceeding five years. Article (9) Any person who abets another to commit a terrorist crime shall be punished with imprisonment for a period not less than three years and not exceeding five years.

Article (10) Any person who knowingly conceals or destroys objects, property, weapons, or instruments, obtained, used, or prepared to be used in terroriest crimes, shall be punished with life imprisonment or imprisonment for period not less than fifteen years.

5 Article (11) Any person who assaults one of the persons entrusted with enforcing the provisions of this Law, or resists such person by using force, or violence or threat during the performance of his duty or by reason thereof, shall be punished with imprisonment for a period not less than five years and not exceeding fifteen years. The punishment shall be life imprisonment if the assault or resistance causes permanent disability, or if the criminal carries weapons or kidnaps or detains any of the persons entrusted with enforcing the provisions of this Law or the spouse or one of the ascendants or descendants of that person. The punishment shall be with the death penalty if the assault or resistance results in the death of a person. Article (12) Any person who knowingly enables, in any way, any person arrested in one of the terrorist crimes to escape, shall be punished with imprisonment for a period not less than ten years and not exceeding fifteen years. Article (13) In addition to the prescribed sentences, one or more of the following measures may be taken in the cases provided for in this Law:

1. Prohibition of residence in a designated place or specified area.
2. Restriction of residence in a certain place.
3. Prohibiting frequent attendance of designated places or premises. In all cases, the period of such measure taken shall not exceed five years, and any person violating the terms of such measures, shall be punished with imprisonment for a period not exceeding one year.

6 Article (14) If any of the perpetrators voluntarily informs the competent authorities of the crime before the commencement thereof, he shall be pardoned from the punishments provided for in this law.

A perpetrator enables the competent authorities to arrest of other perpetrators of the crime, before or after commencement of the investigation, he may be also pardoned from such punishments. Article (15) Without prejudice to the rights of bona fide third parties, impounded objects, property, weapons, and instruments, which are obtained, used or were intended to be used in any of the crimes to which this Law applies, shall be confiscated. Article (16) Criminal case with respect to the crimes to which the provisions of this Law apply, and the sentences passed thereon shall not prescribe. Article (17) In conducting investigation and opening the criminal case with respect to terrorist crimes, the public prosecution shall not be limited by the requirement of complaints or requests provided for in the code of Criminal Procedures. Article (18) Notwithstanding the provisions of the Code of Criminal Procedures, orders for precautionary detention issued by the public prosecution after interrogating the accused person, with respect to the crimes to which the provisions of this Law apply, shall be for a period of fifteen days, and may be extended for other similar periods, if such an action is in the interest of the investigation, provided

7 that such extensions not exceed six months. Further extensions shall be by order from the competent court. Article (19) The Public Prosecutor or whoever he deputizes of the public attorneys, may order impoundment of messages of all kinds, publications, parcels and telegrams, and surveillance of communications made by all means, and recording of all events taking place in public and private places, whenever such order is useful for revealing the truth in the crimes to which the provisions of this Law apply. In all cases, the order of impoundment, surveillance, or recording shall be reasoned and applied for a period not exceeding ninety days, and shall not be extended except by order from the competent court. Article (20) The Public Prosecutor, or whoever he deputizes of the public attorneys, may order review or collection of any data or information relating to accounts, deposits, trusts, safe boxes, or any other transaction with banks or other financial institutions, if such order is necessary for revealing the truth in the crimes to which the provisions of this Law apply. Article (21) If there is sufficient evidence on the seriousness of accusation with the crimes provided for in this Law, the Public Prosecutor may issue a temporary order preventing the accused person from disposing of his property or managing it, or to take any other provisional measures. The order may include the property of the spouse and minor children of the accused person if such property is proved to have passed to the latter from the accused person. Management of the property subject to a provisional measure order and any grievance therefrom, shall be dealt with in

8 accordance with the procedures provided for in the Code of Criminal Procedures. Article (22) The provisions of this law shall not contradict international conventions and treaties relating to terrorism combating to which the State is a party. Article (23) All competent entities, each within its own competence, shall implement this Law, and it shall be published in the Official Gazette. Hamad Bin Khalifa Al-Thani Emir of the State of Qatar Issued in the Emiri Diwan On 25/12/1424 A.H Corresponding to: 16/02/2004