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 31

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