10- Whilst the basic principles particular to the role of the lawyers stated through Paragraph (1) thereof that: “All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.”, which was followed by Paragraph (7) of the same principles which affirms: “..shall have prompt access to a lawyer,...”. 11- Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment affirmed through principle number (17) thereof that: “A detained person shall be entitled to have the assistance of a legal counsel. He shall be informed of his right by the competent authority promptly after arrest and shall be provided with reasonable facilities for exercising it.” 12- In the same context, the Rapporteur of the United Nations concerned with the prevention of torture and other forms of mistreatment recommended the necessity of permitting communication with an attorney for every person who is arrested, within a period not in excess of twenty four hours after the arrest, and it is impermissible in any case whatsoever for there to be a delay in permitting the detainee to contact an attorney within forty eight hours from the time of his arrest or detention. 13- Due to all the foregoing, and given the importance and seriousness of conducting the investigation and what it might produce in important and decisive evidence which may alter the proceedings of the lawsuit such as confession, it was mandatory for the legislator to build a legal fence around the investigation to confer upon it- in case it transpires- procedural legality and to protect it against any argument of invalidation, and perhaps this is embodied in enabling the accused to communicate with his attorney and to call upon him to be present, while the right of the accused to seek the help of an attorney whom he chooses to safeguard his rights and to help in his defense, is a basic right which must be available in all the stages of the litigation. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ 14- Hence, the NIHR deems it important to add a new article under number (134 repeats) to the provisions issued under decree law Number (46) for the year 2002 by enacting the Criminal Procedures Code to affirm that: “Notwithstanding not doing prejudice to the provisions stated in this law, due regard shall be given at the commencement of the investigation with the accused to call upon his attorney in case he declares his presence and his desire to attend,” which is consistent with the justifications aforementioned. 59

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