First: Publication of the names and photographs of the accused in the media and social media 1- The principle of presumed innocence is considered to be one of the foremost foundations of the right to guarantees of a fair trial, and this presumed innocence remains with the person charged with committing a criminal act starting from the moment of arrest until the stage of trial and until he is convicted according to the law. During this period the accused shall be dealt with as innocent of the charges leveled at him, until his guilt is proven and all the appeal stages are exhausted. 2- The principle of presumed innocence is not confined to the treatment of the charged during the trial or in the process of presenting evidence and defense, but includes all the procedures prior to the trial, for all the investigative procedures must be underpinned by this principle, which is what was emphasized by the International Covenant on Civil and Political Rights (ICCPR) in Paragraph Two of Article Number (14) which states: “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.” in addition to what the Constitution states in Article Number (20) Paragraph (c): “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.” In order to apply this principle a person should not be coerced to indict himself or to confess to his guilt, and he has the right to remain silent, where compelling a person to indict himself or to confess guilt under psychological or physical torture infringes on this principle and undermines its essence. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫اﻟﺒﺤﺮﻳﻦ‬ ‫ﻣﻤﻠﻜﺔ‬ ‫ ـ‬2015 ‫ ﻟﻌﺎم‬to be one of the preventive 3- The effectuation of the principle of presumed innocence is considered measures for the judiciary and the investigative authorities in gathering evidence and pursuing the committers of crimes, and among the guarantees of applying this principle is not to undertake a priori analyses or judgment or to leak incomplete information on the lawsuit concerning which investigation is unfolding. 4- This was emphasized by the committee concerned with human rights and entrusted with interpreting the provisions of the International Covenant on Civil and Political Rights (ICCPR), namely that the principle of presumed innocence signifies that the burden of proving an accusation lies upon the prosecution and supposition of innocence is availed of by the accused. And it is not possible to presume guilt until a charge is proven beyond any reasonable doubt. Moreover, a person shall be treated according to the essence of this principle and all authorities shall refrain from a priori judgment. It has been stated in this regard: judgments are based on certitude and rather than doubt and supposition. 22 5- As a reading of the practical reality, it is the view of the NIHR that the principle of presumed innocence continues to be infringed in essence, through the printing of the names and photographs of the accused in the media, which constitutes a violation of this principle, in a manner impinging on the human dignity of the accused, where the international human rights conventions categorically emphasize that it is incumbent on those enforcing the law whether in the stage of gathering evidence or preliminary investigation, or during considering the lawsuit in a court of law, to refrain from spreading the names and photographs of the accused. 22 General Comment Number (13) concerning Article Number (14) Administration of Justice) from the International Covenant on Civil and Political Rights (ICCPR) Number (HRI/GEN/1/Rev.9). 82