2. However, pursuant to its jurisdiction, the consultative opinion of the NIHR was limited to the legal stipulations deemed to relate and have an impact on fundamental human freedoms and rights; especially articles no. (6), (37), (38), (39), (42) and (65). Aside from that, the NIHR has referred its comments – in terms of the formal notes (language and legal register) and subject matter (content) – to the Government Memorandum Opinion, and the Memorandum of the Legislation and Legal Opinion (Fatwa) Commission, attached to the draft law. 3. Article No. (6) of draft law states that: “ It isn’t allowed to combine the legal practice and the following: 1. Speaker of the Shura Council and Council of Representatives or Municipal Councils. 2. Ministerial position. 3. Holding public positions in the State or appointment in any of the public entities, institutions or companies or employment at the banks or associations and individuals with exception of exemption by virtue of a Royal Decree issued based on recommendation by the Council of Ministers. 4. Engaging in the business activity. 5. Holding the position of chairman or member to board of directors in shareholding companies or director at a limited liability companies, joint liability and partnership companies.” 4. The NIHR explained in its statement of perspective that the above article has determined the legal cases where it is not allowed to combine practicing the legal profession and some other work. This means that there is the possibility of conflict of interest between the profession and the other work in closely related areas. However, it is noted that paragraph (1) of the same article states that it is not allowed to combine the legal profession and the position of the speaker of the Shura Council and Council of Representatives or municipality councils , while the reason for the prohibition extends to include members of these councils. This is especially the case where the speaker of the Council of Representatives and the chairpersons of municipal councils like the rest of the members of such councils but have are elected later as speakers. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ 5. On the other hand, the NIHR, under the law establishing the Institution, is a public institution in the State tasked with enhancing, developing and protecting the human rights in the Kingdom of Bahrain. In addition, NIHR establishing law has allowed the members of the Council of Commissioners appointed by a Royal Order to be those who practice the legal profession. Consequently, pursuant to provisions of paragraph no. (3) of the above-mentioned article; it is not allowed to combine such profession and this position: 6. The NIHR finds believes that it is preferred that members of the Shura Council, Council of Representatives and members of municipality councils should be treated equally regarding the inadmissibility of combining the legal profession and these positions because this is the very purpose sought by the draft law. In addition, the NIHR proposes to add the word (royal order or) before the phrase (royal decree based upon recommendation from the Council of Ministers), to ensure the exemption of all lawyers appointed by virtue of a royal order or royal decree in authorities or public institutions within the State. 7. With regard to Article No. (37), which ruled that:” the lawyer shall be entitled to review the lawsuits and judicial papers and have access to the data related to the lawsuit undertaken by him. The courts, prosecutions, police departments and other entities, before which the lawyer practices his profession, shall provide him with all facilities required for performing his duty and enable him to 32

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