proven guilty in a legal trial in which he is guaranteed the necessary
guarantees to exercise the right of defense at all stages of the
investigation and trial in accordance with the law.
4.7
Consequently, the NIHR views the right to a fair trial as a standard of
the International Human Rights Law aimed at protecting people from
the impairment of their rights with regard to their legal status before
judicial bodies. In addition, NIHR views the right to a fair trial as a
fundamental pillar of the fair trial provided for in international
instruments starting with the Universal Declaration of Human Rights.
Article (11/1) of the Declaration states that "... he (the adversary) has
had all the guarantees necessary for his defense”, followed by the
International Covenant on Civil and Political Rights, Article (14/3-b),
which stipulates that “…to have adequate time and facilities for the
preparation of his defense …”. The right of defense is further affirmed
in Article (20/c) of the Constitution stating that “… in which he is
assured of the necessary guarantees to exercise the right of defense...”.
Noting that assessing the rulings handed down by the judiciary is
outside the competence of the NIHR because there are other legal
means through which these provisions can be challenged.
4.8
In accordance with the mandate granted to the NIHR pursuant to
Article (12) of its Establishment Law, NIHR, during the year 2017,
received a number of complaints and requests for legal assistance and
advice regarding the right to fair trial guarantees. There were (6)
complaints that were archived since the desired results were reached,
(32) requests for legal assistance and advice, (27) requests are still under
Parallel Report by the National Institution for Human Rights of the Kingdom of Bahrain to the Human Rights Committee © 2018
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