National Institution for Human Rights – Kingdom of Bahrain discretion granted under Article No. 149 of the Criminal Procedure Code for the provisional release of the accused persons who are detained in its custody. 5. Activating the supervisory authority of the public prosecution in relation to the work of law enforcement officers and any violations committed by them in the case of arrest, search, or entering houses without the written permission of the prosecution or not presenting the warrant, if it is available, and taking disciplinary or penal actions against them. 6. Urging the legislative authority to expedite the issuance of the necessary amendments to the Criminal Procedure Code on reducing the duration of custody and granting the accused the right to effective grievance against it. 7. Immediate cessation of the individual actions of law enforcement agencies associated with arrest and search procedures that constitute human rights violations. 8. Establishing 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. 9. The need to supplement the efforts of the Ministry of Interior in the field of protection of all persons whose freedom is restricted, through the provision of the necessary audio and video recording equipment and security cameras in all police departments and its affiliated centers, and reform, rehabilitation, and custody centers. 10. The need to overcome all obstacles with regard to limiting the freedom of movement across borders or official ports, and not preventing anyone from traveling without legal justification, and the importance of informing the person concerned of any decision banning him from travel well in advance. 11. Immediate cessation of illegal or unjustified actions at security checkpoints and enabling local residents to have access to their homes. 12. Considering and allowing the Working Group on Enforced or Involuntary Disappearances, and the Working Group on Arbitrary Detention of the Human Rights Council to visit the Kingdom. THIRD: RIGHT TO A FAIR TRIAL 1. The right to a fair trial is one of the international human rights law criteria. It aims to protect people from diminution of their rights related to their legal positions before the judicial body from the moment of their arrest, during pre-trial detention, in the course of trial, and until the last stages of the trial (appeal or cassation). A trial is not considered to be fair, or certified to be fair, unless at least two conditions are satisfied: first, the trial procedures, from beginning to end, should be guided by the Constitution, domestic legislation, and the instruments developed by the international community, second: an independent and impartial judicial authorities should apply these regulating procedures. 2. Article 20 of the Constitution of the Kingdom of Bahrain guarantees this right and provides for a series of guarantees, such as the principle of legitimacy, to the effect that no crime or penalty may be established except by virtue of law, and no penalty may be imposed except for offenses committed after the relevant law comes into force. It further provides that penalty is personal, that the accused person shall be presumed 50

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