Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
freedom of movement and deprive them of employment, livelihood, decent living, the right to
accommodation, acquisition, health and education, as well as other related rights. Accordingly,
it stressed the need to consider and correct their legal status by a judicial procedure.
9.
Accordingly, NIHR confirmed that forfeiture of citizenship is a legitimate right of the state.
However, the exercise of this right must not create the phenomenon of “stateless” persons. In
all cases in which citizenship is forfeited, the procedure taken should be accompanied with
legal guarantees that clearly determine the forfeiture case and should be taken only based on
a court ruling and the person whose citizenship is forfeited should be given the effective right
to appeal the decision to the court68.
10. During the House of Representatives consideration of the draft law amending certain
provisions of the Bahraini Citizenship Law of 1963, attached to the Decree No. 46 of 2014,
NIHR presented its views in this regard. It concluded that it is imperative that the withdrawal
or forfeiture of Bahraini citizenship should be conditional upon a conclusive court’s judgment.
This procedure should be taken through filing a lawsuit in which the administrative body
litigates the person whose citizenship is intended to withdrawn or forfeited according to the
applicable legal procedures in this regard.
11. NIHR communicate with the concerned authorities a number of allegations related to denying
some of the detainees and convicts of health treatment and care. NIHR Reassured to ensure
the right of a detainee in health care, as one of fair trial guarantees, should be offered to the
detainees or imprisoned persons. Appropriate and free medical care and treatment should
be provided whenever the need arises. It is the responsibility of police departments and
centers and reform, rehabilitation and remand centers to check all sick detainees or prisoners
on a regular basis, prepare medical reports on their physical or mental health, maintain these
reports on the personal file of the prisoner or detainee, and consider the implications of
continued detention or any condition of detention. Detainees and prisoners should undergo
a comprehensive medical examination from the moment of detention until release. NIHR
emphasizes the role of Prisoners and Detainees Rights Commission69 and General Secretariat
of Ombudsman70.
12. NIHR received a number of complaints related to depriving some of the arrested defendants
from communicating with the outside world, or not knowing the reasons for their arrest
and place of detention. In this regard, NIHR followed up such cases and emphasized the
defendant’s right to communicate with the outside world and have the assistance of a lawyer
of his choice to protect his rights and defend himself as an inherent right that should be made
available at all stages of litigation.
13. Decree-Law No. 46 of 2002 Promulgating the Code of Criminal Procedure, as amended,
confirms the right of the accused to communicate with the outside world. In particular, Article
61 stipulates as follows: “Any arrested person shall be informed of the reasons for his arrest
and shall have the right to contact any members he chooses of his family to inform them of
the arrest and have the assistance of a lawyer”. The right to communicate with the outside
world is an abstract right that is not conditional upon the type of crime for which the persons
is arrested. Therefore, this right is established to the arrested person in all cases.
68
For further information on the right to citizenship, see NIHR First Annual Report for 2013, p. 60.
Article 3 of Decree No. 61 of 2013 Establishing and Determining the Mandates of the Prisoners and Detainees Commission.
70
Article 12 of Decree No 27 of 2012 on Establishing an Independent Office of the General Secretariat of Ombudsman.
69
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