Overview
We are not aware of any HIV-specific laws in Qatar, however there are general harm provisions in the Penal Code which may be relevant to HIV criminalisation.
Article 310 states that the penalties stipulated in Articles 307-309, which govern the infliction of ‘permanent deformity’, and assaults resulting in ‘sickness’ or ‘incapacity to work’, also apply to any ‘assault which is the result of giving a person medications or materials causing a disease or incapacity’. Although this provision is ambiguous as to the meaning of ‘materials’, its focus on disease transmission could be relevant to cases of HIV transmission. The penalties under these provisions vary, but include a maximum of up to ten years’ imprisonment.
In 2009, there was a case of alleged HIV transmission reported. In the case, a woman living with HIV was accused of transmitting HIV to three men. The case was being investigated and little is known about the circumstances, the charges brought, and the outcome.
More recently, in February 2024, it was reported that a gay British-Mexican man living with HIV had been arrested by police in Doha, allegedly on account of his sexuality – which is criminalised in Qatar – and HIV status, although it is not clear whether he has been charged with an offence for HIV ‘exposure’ or transmission. Police detained the man after an entrapment operation in which they set up a fake Grindr profile and arranged to meet him. A defence committee reported that police also planted methamphetamines on the man to frame him for drug possession. The committee reported that in detention, the man was denied antiretroviral treatment and subjected to psychological torture, including being forced to identify other LGBTQ people, isolation, and deprivation of food and water. He was also coerced into signing documents which he didn’t understand without a lawyer present. In March 2024, the man was provisionally released from prison following an international campaign for his freedom in which the British and Mexican embassies advocated for his release. In June 2024, the man was sentenced to six months’ imprisonment and subject to deportation on a drug charge. In August, he was allowed to return to the UK.
Laws
Penal Code
Article 307
Whoever intentionally causes an individual a permanent deformity shall be punished with imprisonment for a term not exceeding seven years.
If this is premeditated, the penalty shall be a prison term up to ten years. A permanent deformity is any injury leading to the amputation of an organ or part thereof, or the total or partial disablement of one of the senses in a permanent way.
In all cases, the offender shall be liable to imprisonment for a term not exceeding two years if the victim or the victim’s guardians forgives or accepts blood money
Article 308
Whoever assaults any person in any way, and where the assault leads to their sickness or incapacity to work for more than twenty days shall be punished with imprisonment for a term not exceeding two years and/or a fine not exceeding ten thousand Qatari Riyals (QR 10.000).
The penalty shall be imprisonment for a term not exceeding three years and/or a fine not exceeding fifteen thousand Qatari Riyals (QR 15.000), if the act is premeditated or is executed by more than one person.
Article 309
Whoever purposely assaults any person in any way and where the assault is not as grave as is stipulated in the two preceding Articles shall be punished with imprisonment for a term not exceeding one year and/or a fine not exceeding five thousand Qatari Riyals (QR 5.000).
Article 310
The penalties stipulated in Articles 307, 308, and 309 shall apply to any assault which is the result of giving a person medications or materials causing a disease or incapacity.
