Report of the Bahrain Independent Commission of Inquiry

Report of the Bahrain Independent Commission of Inquiry
with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest,
of the reasons for his arrest and shall be promptly informed of any
charges against him.
3. Anyone arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by law
to exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that
persons awaiting trial shall be detained in custody, but release may
be subject to guarantees to appear for trial, at any other stage of
the judicial proceedings, and, should occasion arise, for execution
of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order that
that court may decide without delay on the lawfulness of his
detention and order his release if the detention is not lawful.
1223. Article 14 of the Arab Charter sets out a similar series of provisions.
1224. There are also a number of non-binding international documents that
are highly pertinent in this area, including the UN Declaration on Torture, 595
the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment, 596 the Standard Minimum Rules for the Treatment
of Prisoners, 597 the Istanbul Principles, 598 the Code of Conduct for Law
Enforcement Officials, 599 and the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials. 600 These can play a useful role in
interpreting the international obligations identified above.
b) National Law
1225. Article 19 of the Constitution of Bahrain, which guarantees the
personal freedoms of all citizens, provides:
a. Personal freedom is guaranteed under the law.
b. A person cannot be arrested, detained, imprisoned or
searched, or his place of residence specified or his freedom of
595 UN Declaration on the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by GA res 3452
(XXX), 9 December 1975.
596 Adopted by GA res 43/173 (1988), 9 December 1988.
597 Adopted by the First UN Congress on the Prevention of Crime and the Treatment of
Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its
resolutions 663 C (XXIV), 31 July 1957 and 2076 (LXII), 13 May 1977.
598 Principles on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Principles), GA res 55/89, Annex
(2000), 4 December 2000.
599 Adopted by GA res 34/169 (1979), 17 December 1979.
600 Adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of
Offenders, Havana, Cuba, 27 August to 7 September 1990.
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