confirmed that the proceedings of the competent court and its handling of the trial in the cases it
attended had taken into account the basic principles of human rights and the prescribed statutory
legal safeguards, in addition to activating fair trial guarantees, as the hearings were public,
allowed defense to attend and question witnesses, and their requests and statements were heard,
in addition to allowing the defendants to speak before the court.
22. The NIHR also asserts that the right to a fair trial is a standard of international human rights law
that aims at protecting people from derogation of their rights related to their legal status before the
judicial authority, and it is an essential pillar of a fair trial stipulated in international instruments,
starting with Article No. (11/1) of the Universal Declaration of Human Rights, stipulating that,
“...at which he (i.e. the opponent) has had all the guarantees necessary for his defense”;
followed by Article No. (14/3-b) of the International Covenant on Civil and Political Rights,
stating that, “….to have adequate time and facilities for the preparation of his defense…”.
The Constitution of the Kingdom of Bahrain also affirms the right of defense in Article No.
(20/C) thereof, which stipulates that, “... in which he shall be provided with the necessary
guarantees to exercise the right of defense…”.
Classification of the NIHR’s attendance of court hearings by case type for 2019
Criminal Cases
Criminal Cases
Total
33 hearings
33 hearings
35 hearings
Fourth: Penalties and alternative measures
23. In the context of considering legal assistance pertaining to commutation of remainder of the
sentence for convicts in reform and rehabilitation centers, the NIHR has received about (62) cases
that varied between legal aid or monitoring cases related to alternative penalties. It studied the
applicability of the formal conditions contained in Law No. (18) of 2017 regarding Alternative
Penalties (Sanctions) and Measures, the most important of which is to verify that the convict has
served half of the sentenced term and has paid the financial fines, if any. The NIHR has addressed
the competent authorities regarding a number of cases that meet the formal conditions, followed
up and monitored the measures taken, as the competent authorities replaced the remainder of the
sentence for many of the said cases.
24. The NIHR issued a statement in which it affirmed that replacing the sentences of the convicts with
other alternative penalties is a civilized step towards strengthening human rights and consolidating
family relations that enhance the stability of society, as well as being an important tributary of the
protection and promotion of human rights, and that it is based on the rehabilitation of convicts in
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