review the papers, have access to the data and attend the investigation with his client in accordance with the law. His request may not be rejected without a legal reason. All deliberations in the session shall be documented in the minutes of the meeting. The NIHR believes that this article raises a critical issue in the international law of human rights; especially the right of everyone to a fair trial, including his right to communicate with the outside world, such as seeking the assistance of a lawyer to be chosen for protecting his rights and to assist him in defending the same. This is a basic right to be made available stating from collecting the inferences, through the stage of the initial investigation until the final and decisive judgment by the competent court; and this extends even to the period of executing the determined penalty. 8. Whereas, the provisions of the decree-by-law No. (46) of 2002 on issuing the Code of Criminal Procedures and amendments thereof have established the right of the accused at the time of arrest to communicate with the outside world; specifically article No. (61), which stipulates: “Every person who is arrested shall be informed of the reasons for his arrest. He shall have the right to contact any of his relatives to inform them of what has happened and to seek the aid of a lawyer”. Since the right to communicate with the outside world is absolute, abstract, and not restricted by the type of crime subject matter of the arrest, it follows therefore that this right is uncompromised for the arrested in all cases. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ 9. The NIHR finds that the legal formulation of the article subject matter of opinion must be made in such way to guarantee that the individual, whatever his legal position is, and without hindering by any entity, to communicate with the outside world, such as seeking the assistance of a lawyer to be chosen by him to protect his rights and to assist in defending him without prejudice to provisions of stipulation of article No. (61) of provisions of Decree-by-Law No. (46) of 2002 on issuing the Code of Criminal Procedures and amendments, in line with the related international convention of human rights. 10. With regard to article No. (38), which stipulates that:” The lawyer permitted to visit a detainee in the public prisons shall be entitled to visit him and meet with him alone in a decent place inside the prison.” The NIHR finds that the essence of the above article is closely connected to the preceding article, whereby the individual shall be enabled to communicate with the outside world; such as seeking the assistance of a lawyer to be chosen by him to protect his rights and to assist in defending him. This is an inherent right that shall be provided beginning from collecting the inferences reaching to the stage of the initial investigation, until a final decisive judgment is passed by the competent court. However, such right extends to the period of execution of the determined penalty; and such consultation and communication with the lawyers shall be made without delay, hindrance, or control12, and without imposing any restrictions that hinders the individual from using such right. 11. Therefore, the word (permitted) mentioned in the above article may lead to the violation of the right of those persons whose freedom is restricted to meet their lawyers by the authority that grants the permission due to the possibility of arbitrariness in failure to grant such permission or delay in granting it. This may cause delay or hindrance in enjoying the right resulting in violation of the right of the individual to seek the assistance of a lawyer to be chosen by him to protect his rights and assist in defending such rights. 12 Refer to; comment No. (32) of Human Rights Committee entrusted with interpreting the provisions of the International Convent on Civil and Political Rights that Kingdom of Bahrain became party thereof according to Law No. (56) of 2006 – Document No. (CCPR/C/GC/32). 33

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