National Institution for Human Rights – Kingdom of Bahrain
18. The role of national institutions in the protection of human rights includes monitoring
all that would prejudice the right of individuals to their prescribed rights and
public freedoms, since the required protection is not limited to receiving complaints
from individuals, but extends to tracking and monitoring human rights situation
and documenting it from various channels and sources. The monitoring process is
a necessary tool to ensure the degree and extent of the state compliance with its
relevant legal or international human rights obligations.
19. Such protection also requires the national institutions to conduct field visits to places
where human rights violations are likely to occur, including reform institutions,
detention places, labor camps, health and education faculties, and any other location
where human violations are suspected. Protection further encompasses monitoring
the proceedings by attending hearings to ensure consistency with fair trial guarantees.
20. Accordingly, the Royal Decree on the Establishment of the National Institution
grants NIHR the mandate to receive complaints. Article 3, paragraph e, of this Decree
provides for “To receive complaints concerning human rights, study and refer
whatever the Institution decides to the concerned authority, follow them efficiently
or educate the concerned authority about the procedures to be followed and assist
them in adopting them or aid in settling the, with the concerned authorities”.
21. Despite that the Royal Decree on the Establishment of the National Institution does
not expressly provides for its mandate to monitor and visit detention places, this
issue may be overcome by Article 1 of the Royal Decree on the Establishment of
the National Institution, which stipulates as follows: “An independent institution
is established named “The National Institution for Human Rights” responsible
for promoting and protecting human rights, and consolidating its values and
contributing to securing its practice...”. The protection of these rights and ensuring
the exercise of these rights require the National Institution to track, document,
monitor, and visit the places where human rights violations are suspected or are
likely to occur. Any statement to the opposite divests the National Institution of its
competence in the field of protection of human rights.
22. Therefore, the role of the National Institution in the field of protection of human
rights will be reviewed. This review covers its follow-up of the various events that
have had impact on people enjoyment of rights and public freedoms by issuing a
number of relevant statements, its monitoring process, visiting detention places,
attending meetings of the trials, in addition to its mandate to receive and follow up
complaints with the concerned authorities or inform the concerned parties of the due
procedures in this regard.
23. In response to certain events that have cast a shadow on the protection of human
rights, NIHR released several relevant statements, such as its statement on the death
of one protester. In this statement, NIHR expressed its deep regret for the death of
the citizen and demanded the responsible bodies to start immediate and serious
investigation to identify the reasons for the direct use of weapons. Three statements
were issued on separate occasions as a result of the death of members of the security
forces, in which NIHR expressed its deep regret. The Institution called all parties to
adhere to peaceful and professional measures, and demanded wise people in the
community to call for maintaining pacification and renounce violence and deviation,
which would be detrimental to the Kingdom and affect its stability. It further called for
the need to move from tension to détente in order to achieve national reconciliation
and rebuild the modern state.
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