4.
Access to Justice and Independence of the Judiciary: Articles (2) and (14)
4.1
Article (20) of the Constitution of the Kingdom of Bahrain guarantees
the right to a fair trial, which refers to a series of legal guarantees, such
as the principle of legitimacy, to the effect that no crime or punishment
may be established except under a law, and no punishment may be
imposed except for acts committed after the relevant law comes into
force. It further provides that penalty is personal and that the accused
person shall be presumed innocent until proven guilty in a legal trial in
which the necessary guarantees of a fair trial are ensured.
4.2
The Code of Criminal Procedure, promulgated by Decree-Law No. (46)
of 2002 and its amendments, includes a set of procedures and controls
that form an integrated legal framework for protecting the human right
to enjoy the guarantees of a fair trial, starting from the arrest and
evidence-gathering stage up to the preliminary investigation and trial
stage.
4.3
On the other hand, the NIHR commends the promulgation of Law No.
(53) of 2012 amending certain provisions of the Code of Criminal
Procedure to provide more legal guarantees to a group with special
legal status such as witnesses, experts, and those accused in allegations
of torture, inhuman, or degrading treatment, who are at risk on account
of their given testimony or information, by taking the necessary
measures to protect them.
4.4
The NIHR appreciates the promulgation of Law No. (39) of 2014
amending the Code of Criminal Procedure reducing the duration of
custody and granting the accused the right to appeal the decision
Parallel Report by the National Institution for Human Rights of the Kingdom of Bahrain to the Human Rights Committee © 2018
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