5- In compliance with this, the accused may present what he wishes in verbal or written defense,
and there is no restriction on him insofar as the quantity and nature of what he presents and what
he deems necessary for defending himself. This necessitate giving him at all times the sufficient
opportunity to respond to all that is attributed to him in an atmosphere respecting his dignity, which
is expressed as the “principle of equal legal opportunities in procedures,” where the European
Court of Human Rights explained that the principle of equal legal opportunities is a feature of a fair
trial, which implicitly means that each party must be afforded a reasonable opportunity to prepare
his case in accordance with conditions that do not render his position less solid than the position of
his adversary. 24
Third: The Right of Detainees to Communication with the Outside World
1. The right to communicate with the outside world is a basic guarantee that protects the detainee from
exposure to violations, such as torture and ill-treatment. This issue is asserted by many relevant
international instruments, as well as the provisions of the Constitution of the Kingdom of Bahrain
and the relevant national legislation.
2. The United National Standard Minimum Rules for the Treatment of Prisoners address the right
of detainees to communicate with the outside world in view of its tremendous impact on their
mental health. Rule No. 37 states that: “Prisoners shall be allowed under necessary supervision to
communicate with their family and reputable friends at regular intervals, both by correspondence
and by receiving visits”25.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
3.
The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
asserts the same right in Principle 19, which states that: “A detained or imprisoned person shall have the
right to be visited by and to correspond with, in particular, members of his family and shall be given
adequate opportunity to communicate with the outside world, subject to reasonable conditions and
restrictions as specified by law or lawful regulations”26.
4. The recognition of the right of the detainees to communicate with the outside world will lead to
taking actions and measures to ensure exercising it in a manner that is not prejudicial to its essence
or affect its value and purpose. It is acknowledged that the competent authority has the right to
develop regulatory controls, without abuse and in accordance with the legal frameworks and
international standards adopted in this regard. This right should not be subject to any restrictions
or controls, save to the extent necessary to achieve the interest of justice and in line with the legal
status of the detainees, pursuant to the provisions of Article No. (31) of the Constitution of the
Kingdom of Bahrain.
24
Human Rights in the Field of Administration of Justice- Episode Number (9) of the Series of Professional Training issued by the UN
Human Rights Commission in cooperation with the International Bar Association (IBA).
25
The Standard Minimum Rules for the Treatment of Prisoners were recommended for adoption by the First United Nations Congress on
the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955 and were approved by the Economic and Social Council
resolutions No. 663 c (d -24) dated July 31, 1957 and 2076 (d -62) of 13 May 1977.
26
The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment was adopted by the United
Nations General Assembly Resolution No. 43/173 of 9 December 1988.
84