Bahrain News Agency published a news about the 6 cases in ” Lower National Safety Court” http://www.bna.bh/portal/en/news/453503.
BYSHR notes on the trial :
1-Right to Equality Before the Law and Courts: ” The accused in criminal proceedings is entitled to both equality before the law and equal protection of the law, without discrimination”. Bahraini authorities since March 16, 2011 are attempting to drive the country into sectarian conflict.
2-The accused is entitled to a trial before an independent, impartial and competent tribunal established by law : National Safety Law (Law of Emergency) contrary to international conventions and especially as it established Special trials. National Safety Law allows unlawful proceedings.
3-A Competent Tribunal Established by Law: Tribunals, courts and judges, including examining magistrates, must be competent in accordance with the law. Everyone has the right to be tried by courts and judges established under ordinary jurisdiction in accordance with legally-established procedures.Tribunals that do not apply these duly established procedural norms shall not be created as a substitute for the jurisdiction that normally corresponds to the ordinary courts.As a general principle, military tribunals, the jurisdiction of which shall be strictly limited to offences of a military nature committed by military personal, should not be competent to try civilians.
4-The Role of Prosecutors: “The accused is entitled to a trial in which the prosecutor is fair and impartial”.The office of prosecutor should be strictly separated from judicial functions.The six cases mention above, Investigation with the accused in the Military Prosecution relating to the Ministry of Defence.
5-Right to be Informed of One’s Rights: “Anyone arrested or detained is entitled to be informed, in a language they understand, of their right to (a) legal representation; (b) examination and treatment by a doctor; (c) have a relative or friend notified of their arrest or detention”. Bahrain Youth Society for Human Rights has documented that the first days of detention is not allowed to communicate with his family, are not allowed to counsel or family visits, and his place remains unknown.
6- Right to Humane Treatment and Not to be Tortured While in Detention:“All persons deprived of their liberty have the right to be treated with humanity, with respect for the inherent dignity of the human person and not to be subjected to torture or cruel, inhuman or degrading treatment or punishment”.Bahrain Youth Society for Human Rights has documented allegations of torture, and 4 individuals had died in custody since the March 16, 2011.