Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain 9. With regard to jurisdiction, the State party will be competent to decide on the crime of enforced disappearance when it occurs on any territory under its jurisdiction, onboard any aircrafts or ships registered in it, or when the perpetrator of this crime or the victim is one of its nationals. In all cases, the State party should ensure the detention of the perpetrator of enforced disappearance or take the necessary legal measures to ensure that he remains on its territory. The criminal case should be referred to its competent judicial authorities to commence the case in accordance with its national procedures, unless the person concerned is surrendered or referred to another state in accordance with its international obligations or to an international criminal court whose jurisdiction is recognized by the state. 10. The State party should ensure that anyone who claims that a person has been a victim of enforced disappearance has the right to inform the competent authorities of the facts. The State should investigate into this claim without delay while ensuring that the necessary measures are taken to protect the complainant, witnesses, relatives of the disappeared person, their advocates, and those involved in the investigation from any ill-treatment or intimidation procedures because of this claim or any witness statement. 11. The provisions of the International Convention refer to the principle of the inadmissibility of detention in unknown places and that the national legislation of the State party should incorporate the conditions under which deprivation of liberty orders may be issued. Furthermore, the authorities entrusted with issuing such orders should be identified. The person who is deprived of liberty should be maintained in officially recognized and controlled places and should be enabled to communicate with the outside world, including his family, lawyer or any other person of his choice, and they should be allowed to visit him. Foreigners should have the permission to contact the consulate authorities of the State of which he is a national. 12. The International Convention further obligates the State party to include guarantees in its legislation to ensure that the competent and qualified authorities and institutions under the law have access to places of detention when necessary with the prior permission of the judicial authority. The Convention further refers to the need for the State party to ensure that every person deprived of his liberty has the right to appeal to a judicial body through his family. The judicial body should decide without delay on the lawfulness of deprivation of liberty and should order his release if it is found that this deprivation is illegal. 13. In this regard, the State Party should set up one or more records of the persons deprived of their liberty and should update these records with the latest information. These records should be put immediately at the disposal of any judicial or other authority or any competent institution. The records should at least indicate the identity of the person deprived of his liberty, date, time and place of arrest, the authority that arrested him, the authority that ordered deprivation of his liberty, the reasons for this deprivation, and the health status of the person deprived of his liberty. The date and time of releasing or transferring the arrested person to another place of detention, the place to which he is transferred and the authority responsible for the transfer should be indicated. 14. The International Convention defines the victim of enforced disappearance as the disappeared person and any natural person who has suffered harm as the direct result of this enforced disappearance. It awards him the right to know the truth about his disappearance, and the course, outcome and fate of investigation. It points out the need for the State Party to guarantee the victim the right to indemnity for physical and moral damages, fair and appropriate compensation, as well as rehabilitation to ensure non-repetition of this act. 79