Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain when requested to do so in accordance with the applicable legal procedures in this regard. It renewed its willingness during the proceedings at the appeal stage. 20. On another occasion, NIHR attended the seven trial hearings of the Assistant Secretary General of the Association of Islamic Accord which started in 2013 until 2014. The Public Prosecution charged him with incitement to commit terrorist offenses, promoting acts that include terrorist offenses, abuse of office, and administration of a political association established in accordance with the law to call for committing systematic crimes, which are defined in and punishable by the Protection of Community from Terrorist Acts. The third High Criminal Court acquitted the accused of the charge attributed to him. 21. In connection with the right to enjoy fair trial guarantees, NIHR observed the claims of some of the lawyers in cases which the Protection of Community from Terrorist Acts Law is applied, to grant the accused or his client’s a long notice to submit the pleading. NIHR see the importance of ensuring the clarity of the procedures for all are inconsistent with Article 14, Clause (3-b), of the International Covenant on Civil and Political Rights to which the Kingdom of Bahrain acceded under Law No. 56 of 2006, which stipulates as follows: “ To have (the accused or his representative) adequate time and facilities for the preparation of his defense …”, to ensure effective enjoyment of this right by the accused and his representative as one of the elements of the right to a fair trial. 22. NIHR attendance of the trial hearings, pursuant to its role in monitoring the human rights situation related to the accused rights to the realization of justice, aims to determine the course of the trial and monitor any violations of the right of the accused to the enjoyment of fair trial guarantees in accordance with the relevant international instruments73. 23. On another issue related to the rights of foreigners, NIHR received complaints from 27 foreigner detainees in which they alleged that their detention continued despite that they fulfilled their criminal penalties. They further complained that the competent authority, represented by the Ministry of the Interior (Citizenship Affairs, Passports and Residency Department) did not enforce the deportation punishment issued against them. Accordingly, NIHR addressed the Ministry of the Interior, which reported that there are judicial orders issued by civil courts that include financial claims which gave rise to the travel ban procedure. Therefore, it was impossible to implement the deportation part of the judgment. The Ministry further stated that it has contacted the Supreme Judicial Council to consider the possibility of implementing the deportation judgment. 24. NIHR, in pursuit of its efforts in this regard, addressed the Supreme Judicial Council to consider those judicial orders. The Council reported that according to the law, the consideration of the possibility of implementing the deportation order falls within the jurisdiction of the judge who executes the punishment. Accordingly, NIHR re-addressed the Supreme Judicial Council and confirmed that the continued detention of the complainants in the present condition violates the right to liberty. NIHR indicated that it is impermissible to deprive any person of his liberty except for reasons provided by the law, because judicial orders for travel ban do not give rise to detention. In fact, this contradicts the provisions of Article 11 of the International Covenant on Civil and Political Rights, which was acceded to by the Kingdom of Bahrain under Law No. 56 of 2006, which provides that: “No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation”. The reasons for the travel ban decision are the inability of the detainee to fulfill this financial obligation. 73 For further information on the right to fair trial, refer to NIHR First Annual Report for 2013, p. 35. 57