National Institution for Human Rights – Kingdom of Bahrain
lawyer for the accused, but the authorities must respect the confidentiality of the
communications and consultations between the lawyers and their clients.
12. NIHR points out that the detained person’s right to external communications is not
confined to counsel assistance, but extends to enabling him to attend the funeral or
mourning ceremony of any his ascendants, descendants, spouse or his relatives to
the second degree, in line with the social customs and traditions prevailing in the
Kingdom.
13. Perhaps one of the most important aspects of the right to trial is that detention
places should be announced. The importance of this aspect lies in ensuring that the
detainee communicates with the outside world, and protecting him from exposure
to any violation of his human rights and from any acts of torture or other forms of illtreatment or disappearance. The person should be held only in places designated for
this purpose, and officially recognized and declared in advance. It is the responsibility
of these bodies in the event of changing the place of detention to promptly inform the
relevant authorities, as well as the family of the detainee.
14. Concerning the right of the detainee to health care as a guarantee of fair trial, each
detained or imprisoned person should be allowed the opportunity to undergo an
appropriate medical examination after his admission to the detention place, while
ensuring the provision of appropriate medical care and specialist and free treatment,
whenever necessary. It is the responsibility of police departments, police stations,
reform, rehabilitation, and custody centers to examine the detainees, prisoners, or
patients periodically, prepare medical reports on their physical or mental health
to be maintained in the personal file of the prisoner or detainee, and consider the
implications of the continued existence in detention, or any other conditions of
detention. It is necessary to confirm that the detainee or prisoner undergoes a medical
examination at the time of detention as well as at the time of release.
15. The public prosecution is a principal branch of the judicial authority. It maintains
the criminal case entrusted to it under the Code of Criminal Procedure, issued by
Decree-Law No. (46) of 2002, as amended, by conducting pre-trial investigation in the
case and handling the case, as the case may be. However, NIHR, through the media
and social networks, and the issues raised by certain lawyers who cited their clients
directly, observed that interrogation is carried out by the public prosecution in late
hours of the night, without stating the reasons and justifications for conducting the
investigation in such late times. This prevents the accused from his right to personal
defense, because the timing has a direct impact on his mental and psychological
powers, which may hinder him from real enjoyment of this guarantee. In addition,
the accused is not able to have the assistance of counsel at this critical time.
16. In order to effectuate this right, the accused, or his attorney, should be given sufficient
time and facilities to prepare the defense by reviewing all documents relevant to
the case in a timely manner. This fact should be clearly stated in the investigation
records. This will enable the competent court, upon examination of the papers to
ensure that the accused gets sufficient and serious guarantees in the course of pretrial investigation.
17. Considering that the public prosecution is the custodian of the criminal case, the
concept of custody is not confined to ensuring that all formalities and technical
aspects of the case are correct, but it also pertains to making sure that the accused
has all guarantees of fair trial, and that such guarantees are not affected by any
infringement raised by the accused before the public prosecution. These guarantees
are interrelated and indivisible. Ensuring that the accused is not exposed to torture
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