National Institution for Human Rights – Kingdom of Bahrain
discretion granted under Article No. 149 of the Criminal Procedure Code for the
provisional release of the accused persons who are detained in its custody.
5. Activating the supervisory authority of the public prosecution in relation to the work
of law enforcement officers and any violations committed by them in the case of
arrest, search, or entering houses without the written permission of the prosecution
or not presenting the warrant, if it is available, and taking disciplinary or penal
actions against them.
6. 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.
7. Immediate cessation of the individual actions of law enforcement agencies associated
with arrest and search procedures that constitute human rights violations.
8. Establishing an effective and transparent system of accountability for any person
who is proved to have caused the violation of the right to liberty and security of
person.
9. The need to supplement the efforts of the Ministry of Interior in the field of protection
of all persons whose freedom is restricted, through the provision of the necessary
audio and video recording equipment and security cameras in all police departments
and its affiliated centers, and reform, rehabilitation, and custody centers.
10. The need to overcome all obstacles with regard to limiting the freedom of movement
across borders or official ports, and not preventing anyone from traveling without
legal justification, and the importance of informing the person concerned of any
decision banning him from travel well in advance.
11. Immediate cessation of illegal or unjustified actions at security checkpoints and
enabling local residents to have access to their homes.
12. Considering and allowing the Working Group on Enforced or Involuntary
Disappearances, and the Working Group on Arbitrary Detention of the Human
Rights Council to visit the Kingdom.
THIRD: RIGHT TO A FAIR TRIAL
1. The right to a fair trial is one of the international human rights law criteria. It aims
to protect people from diminution of their rights related to their legal positions
before the judicial body from the moment of their arrest, during pre-trial detention,
in the course of trial, and until the last stages of the trial (appeal or cassation). A
trial is not considered to be fair, or certified to be fair, unless at least two conditions
are satisfied: first, the trial procedures, from beginning to end, should be guided
by the Constitution, domestic legislation, and the instruments developed by the
international community, second: an independent and impartial judicial authorities
should apply these regulating procedures.
2. Article 20 of the Constitution of the Kingdom of Bahrain guarantees this right and
provides for a series of guarantees, such as the principle of legitimacy, to the effect that
no crime or penalty may be established except by virtue of law, and no penalty may
be imposed except for offenses committed after the relevant law comes into force. It
further provides that penalty is personal, that the accused person shall be presumed
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