National Institution for Human Rights – Kingdom of Bahrain
innocent until proved guilty in a legal trial in which the necessary guarantees for the
exercise of his right of defense in all the stages of investigation and trial are ensured
in accordance with the law; and that no physical or moral injury shall be inflicted on
an accused person.
3. At an important era of the history of the Bahraini judiciary, in order to confirm
the independence of the judiciary and to guarantee the right to a fair trial, the
Constitutional Court was created under Decree-Law No. 27 of 2002, as amended
by Decree-Law No. 38 of 2012. This court was established pursuant to the guidance
set forth in the National Action Charter related to the Kingdom establishment of the
judicial bodies stipulated in the Constitution and the appointment of a judicial body
that is competent to consider the disputes related to the constitutionality of laws and
regulations, and the public prosecution. According to the Constitution, the jurisdiction
of the Constitutional Court is limited to monitoring the constitutionality of laws and
regulations. If the unconstitutionality judgment is related to a criminal provision, the
conviction judgments rendered based on this provision will be considered as void.
In addition, the Decree-Law No. 42 of 2002 was issued promulgating the law of the
judicial authority, as amended, and forming and organizing the judicial authority
and determining the limits of its mandate, the mechanism for appointment of judges,
and determining their duties, and the creation of a judicial inspection system to
monitor the actions of judges and holding them accountable.
4. The Criminal Procedure Code, promulgated by Decree-Law No. 46 of 2002, as
amended, 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 arrest and collection of evidence stage up to preliminary investigation
and the trial stage.
5. In terms of international instruments, the right to enjoy the guarantees of a fair trial
has a framework of protection under Article 14 of the International Covenant on
Civil and Political Rights, to which the Government of the Kingdom of Bahrain
acceded under Law No. 56 of 2006, which provides for a set of guarantees that covers
almost all trial phases. The Bahraini Government also ratified other conventions
which deal with these guarantees, such as the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, to which Bahrain acceded
by Decree-Law No. 4 of 1998; the Convention on the Rights of the Child, to which
Bahrain acceded by Decree-Law No. 16 of 1991; the Convention on the Elimination
of All Forms of Racial Discrimination, to which Bahrain acceded by Decree No. 8 of
1990; and the Convention on the Elimination of All forms of Discrimination against
Women, to which Bahrain acceded by Law No. 15 of 2010.
6. Within the framework of the implementation of Recommendation (1720) stated in
the report of BICI, which provides for “Allowing the opportunity to review all
conviction judgments rendered by national safety courts, which did not take into
account the fundamental principles of fair trial, including full and immediate use
of an attorney, and not accepting evidence obtained under duress”. The Government
pointed out, through the report of the implementation of this recommendation issued
in December 2013, that Decree No. 28 of 2011 was issued concerning all issues related
to the status of national safety. This Decree grants the ordinary courts the jurisdiction
to adjudicate all cases of misdemeanors and appeals related thereto which have
not been adjudicated by the national safety courts by virtue of a final decision. It
also grants the public prosecution and the convicted person the right to appeal the
rulings rendered by these courts. In addition, Decree No. 62 of 2011 was issued for
referring the cases which have not been adjudicated by the national safety courts to
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