77. The NIHR noted though, that the presence of the representative of the Public
Prosecution during the trial sessions in an alleviated position from the
defense, near the court, and sitting throughout the trial period, while the
accused and defense bodies were standing before the court, may be
considered a form of inequality between parties, and impartiality between
opponents.
78. The NIHR considers the right to a fair trial as a standard of international
human rights law, aimed at protecting people from derogation of their rights
related to their legal status before the judiciary, and an essential pillar of the
fair trial pillars stipulated in international instruments starting with the
Universal Declaration of Human Rights, Article No. (1/1) stating that: “... he
(i.e. the opponent) shall be ensured the necessary guarantees for his
defense,” and the International Covenant on Civil and Political Rights in
Article No. (1/1) stipulating that: “All people are equal before the judiciary. In
deciding any criminal charge against him or his rights and obligations in any
civil action, every individual has the right to have his case heard in a fair and
public manner by a competent, independent and impartial tribunal
established by law.”
79. That was followed by Paragraph No. (3/b) of the Declaration stipulating “that
he be given enough time and facilities to prepare his defense ...”. The
Constitution of the Kingdom of Bahrain also affirmed the right to defense in
Article No. (20/C) by stipulating that: "... guarantees necessary for the
exercise of the right of defense shall be provided to him."
Second Topic
The National Institution for Human Rights (NIHR) General Efforts and
Activities in the Field of Promotion of Human Rights
This topic covers the NIHR efforts and activities performed in the field of
promoting human rights in general – during the report period – by listing the
announcements issued on the occasion of celebrating various international,
regional, and national days in the first requirement, followed by detailing the TV,
radio, and journal interviews in the second requirements, followed by presenting
in the third requirement all the various events and training programs conducted
by the NIHR; and finally dedicating requirement four to showcase the NIHR
participation in different local and external events related to human rights.
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