Section III:
The Advisory Opinions Submitted by
the National Institution for Human Rights to the Government
1. Based on the belief of the National Institution that the role assigned to it in the field of promoting
and protecting human rights is not consummated except through real partnership with the public
authorities of the State, particular the executive branch of Government. Perhaps the alluded to
complementary is anchored in the competence assigned to the Government in formulating proposed
laws referred to it by the Council of Representatives or the Shura Council for formulation as a draft
law as constitutionally sanctioned, or to refer them initially to the two houses of parliament as draft
laws presented by it.
2.
The National Institution during the time scope of the report submitted to the Government
represented in the Ministry of Interior a proposal concerning the rules and parameters of granting
a temporary permit to the provisional detention at the Reform and Rehabilitation Centers to attend
the bereavement ceremonies for the deceased relatives, which set out the basic principles which
must be given due regard upon dealing with the right of detainees- whether detained or convictedin remaining in touch with the world outside the institutions in which they are detained given that
like free persons they enjoy all the human rights guaranteed by the Constitutions and national
legislation alongside international human rights law.
3.
The right to communication with the outside world whether by telephone or visitation is
considered among the rights of a social characteristic, and are considered among model minimal
rules for treating prisoners issued by the United Nations given its extreme importance for the
psychological health of the detainees or arrested, given that the deprivation of an individual from
social incentivization through communication with the outside world could render him unable to
maintain a suitable psychological state in terms of being awake, focused and able to interact with
the detention environment.
4. The process of external communication for the one whose freedom is restricted necessitates for it
not to be confined to enlisting the help of an attorney for defense purposes, but extends to enable
him to attend a funeral or bereavement ceremonies related to the death of one of his forebears or
descendants or spouse or relatives, such in line with the social customs and traditions prevailing in
the Kingdom.
5. As to the legal basis of the proposal it is what was emphasized in Article (79) the minimum model
rules for treatment of prisoners, while special care should be devoted to improve the relationship of
the detainee with his family to the extent that such is in the interest of both parties, and Article (37)
of the same rules confirmed the right of the detainee to communicating with his family.
6. As to Principle (15) of the set of the United National Principles related to protecting all the persons
who are subject to any form of detention or imprisonment issued pursuant to the UN General
Assembly Resolution (173/43) dated 9 December 1988, it actually refers to the impermissibility of
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