15. In its views, NIHR noted that the addition of the word (time) as stipulated in the draft law, in the
cases where the public prosecution member conducts the investigation procedure, is in line with the
actual empowerment of the accused to seek the assistance of an attorney during the investigation
in particular. This is supported by the position adopted by the Human Rights Committee during its
consideration of the reports of the States Parties to the International Covenant on Civil and Political
Rights3, to which the Kingdom of Bahrain acceded under law No. 56 of 2006.
16. Clause 1 of Article 86 provides that: “In all cases where another member is designated to conduct
certain investigations, a member of the Public Prosecution shall ensure that the delegation
decision is written and indicates the issues required to be investigated or the procedures required
to be taken”. NIHR agrees with the draft law that the delegation decision issued by the public
prosecution should be in writing.
17. NIHR believes that the provision set out in the draft law that the delegation decision issued by
the public prosecution should be written and indicate the issues required to be investigated or
the actions required to be taken ensures an actual guarantee for the parties to the criminal case
or the other concerned parties, particularly in the evidence process. In addition, the investigation
procedures, including the delegation decisions, can be verified and considered before the competent
court, which will make it easier for the court, upon drafting the delegation decision, to verify all
investigation procedures.
18. Article 141 provides that: “A public prosecution member shall immediately interrogate the
accused who has been arrested. If this is not feasible, he shall order his detention in a place
intended for such detention pending his interrogation. The period of detention shall not be more
than 12 hours. Upon the expiry of this period, the administrator of such place shall refer him to
the public prosecution. The public prosecution shall interrogate him immediately; otherwise,
it shall order his release”. NIHR believes that the period prescribed by the provision, as stated in
the original law, which is twenty-four hours, is in line with the international instruments related to
human rights and achieves justice.
19. Article 149 provides that: “The Public Prosecution shall be empowered, at all times, to order
the temporary release of the accused who is remanded in custody, of its own initiative or upon
the accused arrest, provided that the accused shall submit a bail and undertake to be present,
whenever he is requested to do so, and not to abscond from the enforcement of the decision that
may be handed down against him. The application submitted by the accused who is remanded
in custody shall be decided upon within twenty-four hours from the date of the application.
The person whose application is rejected may appeal to the executive judge within three days
from the rejection date. The judge shall decide upon the appeal within three days from filing
the appeal after review of the documents of the public prosecution and the documents of the
accused. The appeal shall be conducted in accordance with Article 158 of this Law”.
Concluding observations of the Human Rights Committee during its consideration of periodic reports of States Parties to the International Covenant on Civil and Political Rights, including (Ireland): Document No. (CCPR/C/IRL/CO/ 3), (Netherlands): Document No.
(CCPR/C/NLD/CO/4).
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