Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
6.
In this regard, NIHR commends commencing the implementation and follow-up of some
recommendations set out in its annual report by the constitutional authorities. However,
NIHR confirms the need for these authorities to urgently continue the implementation and
follow-up of these recommendations, according to their respective mandates. NIHR wishes to
be informed about what has been implemented and the work done on the implementation of
its recommendations of the 2013 report to be included in the NIHR 2015 report.
Following are the recommendations set out in the first annual report of NIHR for 2013, distributed
to the various constitutional authorities (legislative, executive, and judicial authorities) according
to the rights relevant to each authority as follows:
FIRST: RECOMMENDATIONS RELATED TO THE LEGISLATIVE AUTHORITY (HOUSE OF
REPRESENTATIVES AND SHURA COUNCIL)
RIGHT TO LIFE AND THE RIGHTS TO PHYSICAL AND MORAL INTEGRITY8
• Urging the legislative authority to expedite the enactment of an integrated legislation for
reform, rehabilitation, and custody centers in accordance with the international standards on
the treatment of prisoners and detainees9.
•
Urging the legislative authority to reconsider the last paragraph of Article 3 of the Decree-Law
No. 3 of 2011 on the Establishment of a National Fund for Compensating Affected People,
which provides that in order to disburse compensation, a final criminal judgment by the
competent court condemning the perpetrator should have been rendered.
RIGHT TO LIBERTY AND SECURITY OF PERSON10:
• Urging the legislative authority to expedite the issuance of the necessary amendments to the
Criminal Procedure Code on reducing the duration of custody and granting the accused the
right to effective grievance against it.
RIGHT TO A FAIR TRIAL11:
• Making the necessary legislative amendments to ensure the accused person’s right to counsel.
This should include misdemeanors as well as felonies, starting from the stage of collecting
evidence, until pre-trial investigation, through the trial stage and beyond.
RIGHT TO CITIZENSHIP12:
• Urging the legislative authority to include in the new citizenship law clear and specific controls
and legal standards in the cases where the Bahraini citizenship is granted by naturalization.
•
The citizenship law should incorporate the Bahraini women right to grant citizenship to her
children according to legal controls, in line with international human rights instruments and
the Government of the Kingdom of Bahrain commitments before the Human Rights Council
at the Universal Periodic Review.
8
For further information on the Right to Life and the Right to Physical and Moral Integrity, refer to NIHR first annual report for 2013,
p. 42.
9
This recommendation was implemented by the enactment of Law No. 18 of 2014 on Reform and Rehabilitation Institution.
10
For further information on the Right to Liberty and Security of Person, refer to NIHR first annual report for 2013, p. 50.
11
For further information on the Right to a Fair Trial, refer to NIHR first annual report for 2013, p. 53.
12
For further information on the Right to Citizenship, refer to NIHR first annual report for 2013, p. 60.
15