conformed with the basic principles of human rights and the legal rules and parameters, in addition
to activating the guarantees of a fair trial, where presumption of innocence was observed, and that
the accused is innocent until his guilt is proven in a legal trial where the necessary guarantees are
secured to exercise the right to defence in all the phases of investigation and trial in accordance with
the law.
11. Accordingly, it is the view of the National Institution that the right to a fair trial is considered one of
the standards of international human rights law which aims to protect persons from a diminution
of their rights related to their legal positions before the judicial body, and an essential foundation
of a fair trial stipulated in international instruments and conventions starting with the Universal
Declaration of Human Rights (UDHR), where Article (11/1) thereof provides that: “Everyone
charged with a penal offence has the right to be presumed innocent until proved guilty according
to law in a public trial at which he has had all the guarantees necessary for his defence.”, and
followed by the International Covenant on Civil and Political Rights which states in Article (14/3b) thereof that: “To have adequate time and facilities for the preparation of his defence and to
communicate with counsel of his own choosing;” and the Constitution also emphasized the right to
defence in Article (20/C) thereof: “An accused person is innocent until proved guilty in a legal trial
in which he is assured of the necessary guarantees to exercise the right of defence at all stages of the
investigation and trial in accordance with the law.”. It may be noted that it is beyond the competence
of the National Institution to evaluate the decisions issued by the judicial authority given that there
are other legal means through which those decisions may be challenged or appealed.
12. The National Institution monitored in one of the local newspapers a news item on the deprivation
of a new-born from the Bahraini passport due to the resemblance between his name and a wanted
person who is barred from travelling, and due to this the National Institution pursued the matter
with the concerned quarters which implemented the recognized legal procedures and the matter
was settled.
13. Moreover, the National Institution mentioned what was circulated in the social media concerning
the exposure of a lady of Arab origin to physical violence committed by her divorced husband,
which caused several wounds some of which were described as serious, and consequently the
National Institution visited the mentioned person at Al-Salmaniyya Medical Hospital and recorded
her demands, and also, her case was followed up on with the concerned quarters in order to ensure
providing the necessary protection for her and her children.
14. At a related level, the National Institution followed up with great care the proceedings of the case
of the aforementioned victim of violent assault before the minor Criminal Court, which issued
a decision to imprison the accused for one year from the date of pronouncing the sentence, and
in this regard the National Institution lauds the efforts of the judicial authority in the rapidity of
deciding in the case with a view to fostering the fulfilment of rights and public freedoms, and it also
values the efforts of the Ministry of Labour and Social Development which secured protection for
the children of the victim of physical abuse by sheltering them in Dar Al-Aman in response to her
request.
53