10- Whilst the basic principles particular to the role of the lawyers stated through Paragraph (1) thereof
that: “All persons are entitled to call upon the assistance of a lawyer of their choice to protect
and establish their rights and to defend them in all stages of criminal proceedings.”, which was
followed by Paragraph (7) of the same principles which affirms: “..shall have prompt access to a
lawyer,...”.
11- Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment affirmed through principle number (17) thereof that: “A detained person shall
be entitled to have the assistance of a legal counsel. He shall be informed of his right by the
competent authority promptly after arrest and shall be provided with reasonable facilities for
exercising it.”
12- In the same context, the Rapporteur of the United Nations concerned with the prevention of torture
and other forms of mistreatment recommended the necessity of permitting communication with an
attorney for every person who is arrested, within a period not in excess of twenty four hours after
the arrest, and it is impermissible in any case whatsoever for there to be a delay in permitting the
detainee to contact an attorney within forty eight hours from the time of his arrest or detention.
13- Due to all the foregoing, and given the importance and seriousness of conducting the investigation
and what it might produce in important and decisive evidence which may alter the proceedings of
the lawsuit such as confession, it was mandatory for the legislator to build a legal fence around the
investigation to confer upon it- in case it transpires- procedural legality and to protect it against any
argument of invalidation, and perhaps this is embodied in enabling the accused to communicate
with his attorney and to call upon him to be present, while the right of the accused to seek the help
of an attorney whom he chooses to safeguard his rights and to help in his defense, is a basic right
which must be available in all the stages of the litigation.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
14- Hence, the NIHR deems it important to add a new article under number (134 repeats) to the provisions
issued under decree law Number (46) for the year 2002 by enacting the Criminal Procedures Code
to affirm that: “Notwithstanding not doing prejudice to the provisions stated in this law, due
regard shall be given at the commencement of the investigation with the accused to call upon his
attorney in case he declares his presence and his desire to attend,” which is consistent with the
justifications aforementioned.
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