A number of instructions on the justification and controls for remand for the members of the Public
Prosecution were issued. A new system was also introduced for the periodic reviewing of all those
held in custody to examine the justification for confinement. All accused remaining held in custody
for more than three months are referred to the technical office of the Public Procreator to look into the
measures needed to terminate the investigation. Article No. (149) of the Code of Criminal Procedure
was also amended to place a new system for appealing the Public Prosecutor’s custody decision
giving the accused the right to request his release from the competent prosecution. If the appeal is
refused, the accused may appeal to the Public Procreator, then to the First Public Procreator, and
then to the First Advocate General, provided the decision on the appeal is made by within three (3)
days from the date of filing the appeal.
• The recommendation to establish 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. The
Public Prosecution made it clear that it functions within the limits of the statutes that criminalize
these violations according to a transparent and effective system of accountability in the case of
infringement of liberty and personal security. Articles (207) and (209) of the Penal Code stipulates
imprisonment of any public officer who undertakes searching of a person, a home, or a place without
his/her consent, or illegally detaining a person without an order from the competent authority.
Article No. (357) of the Penal Code also stipulates imprisonment in the cases of unlawful arrest or
deprivation of liberty. If a public officer commits the act, it is considered aggravating circumstance
according to the provisions of Article No. (75), paragraph (4) of the same law.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
An independent and specialized
unit was
established
in the ﻟﻌﺎم
Public Prosecutor Office under the
اﻟﺒﺤﺮﻳﻦ
ﻣﻤﻠﻜﺔ
ـ2015
name of Special Investigation Unit, which specializes in investigating the disposition of violations
against freedom and personal security in accordance with the provisions of Article 8 of the SIU
Directive, namely, if such crime is committed or aided and abetted by a public officer against a
witness or expert in a criminal case, or against a defendant during arrest, evidence gathering, or
investigation, or during the course of trial in courts of law. The SIU has the same jurisdiction over
crimes related to the preceding ones.
(3) The Right to a Fair Trial
• The recommendation on developing the programs of the Institute for Judicial and Legal Studies
to comply with international human rights instruments, particularly those related to criminal
justice and human rights. Several workshops were held throughout the year targeting members
of the judiciary pertaining to strengthening the protection of human rights in cooperation with
the Institute for Judicial and Legal Studies. The training program included workshops on criminal
justice and human rights.
• The recommendation on dedicating further attention to intensive and effective training for judges
and public prosecutors on issues related to human rights, particularly fair trial guarantees. The
Supreme Judicial Council launched Future Judges Project in 2014, which aims to attract and support
legal researchers and those engaged in legal work in both government and private institutions and
graduates from the faculties of law for the year (2012 - 2013) of both sexes. The project aimed at
preparing them according to transparent, objective, and affirmed principles and standards so as
to enjoy the highest degrees of legal and professional competence, as well as the necessary skills,
knowledge, and culture to develop into suitable candidates to take over those positions.
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