with a criminal offence shall be entitled during the consideration of
his case to the following minimum
guarantees, in full equality: (a) To
be informed promptly and in detail
in a language which he understands
of the nature and cause of the
charge against him; (b) to have adequate time and facilities for the
preparation of his defense and to
communicate with counsel of his
own choosing.”
without diplomatic or consular representation in the country and refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic representative of the State which takes
charge of their interests or any national or international authority
whose task it is to protect such persons.”
7. The United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Mandela Rules) stipulates in Rule (85/1) that, “Prisoners shall be allowed, under necessary supervision, to communicate
with their family and friends at regular intervals: (a) By corresponding
in writing and using, where available, telecommunication, electronic,
digital and other means; and (b) By
receiving visits.”
5. The International Convention for
the Protection of All Persons from
Enforced Disappearance affirms in
Paragraph (2-d) of Article No. (17)
that, “Each State Party shall, in its
legislation: (d) Guarantee that any
person deprived of liberty shall be
authorized to communicate with
and be visited by his or her family,
counsel or any other person of his
or her choice, subject only to the
conditions established by law, or, if
he or she is a foreigner, to communicate with his or her consular
authorities, in accordance with applicable international law.”
8. The Constitution of the Kingdom of
Bahrain, in the provision of Article
No. (31), guarantees that the inmate enjoys the exercise of his/her
right in a manner that does not undermine its essence and does not
dispossess its value and purpose,
while acknowledging the right of
the competent authority to set regulatory controls, provided that they
are not abused, are in line with legal
frameworks and international
standards adopted in this regard,
and that such right is not subject to
any restrictions or controls except
to the extent necessary to attain the
interests of justice and corresponding to the legal status of the detainee.
6. The Standard Minimum Rules for
the Treatment of Prisoners guarantees the right to communicate with
the outside world, in Rule No. (37)
stating that, “Prisoners shall be allowed under necessary supervision
to communicate with their family
and reputable friends at regular intervals, both by correspondence
and by receiving visits.” Rule No.
(38) states that, “(1) Prisoners who
are foreign nationals shall be allowed reasonable facilities to communicate with the diplomatic and
consular representatives of the
State to which they belong. (2) Prisoners who are nationals of States
9. In addition, the Code of Criminal
Procedure promulgated by Legisla-
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