E/CN.4/2002/77/Add.2
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62.
Registration on the Bar roll is subject to payment of an annual fee; if the fee is not paid,
the lawyer is struck off the roll by order of the Minister of Justice. Disciplinary proceedings are
brought by the Minister before a commission comprising three judges and two lawyers appointed
by the Minister. Lawyers’ fees are paid by the client. Disputed cases are settled in the High
Court.
63.
Provision is made for legal aid, which is granted by a commission composed of lawyers.
In cases where the law compels representation by counsel (criminal and juvenile cases), legal aid
is granted by order of the Minister of Justice and the officially assigned counsel’s fees are set by
the court and defrayed by the Treasury.
64.
Article 19 of the Legislative Decree states that, in carrying out their professional duties,
lawyers are authorized to represent their clients before the courts. Under article 24, the police
services and all bodies with quasi-judicial powers are obliged to facilitate counsel’s work, permit
counsel to represent clients during the preparation of the case and to give counsel access to the
case file, on condition that the proceedings are not obstructed.
65.
In practice, according to information from a number of past and present detainees and
certain lawyers, legal representation is not permitted during police custody, despite there being
no law against it. Generally speaking, it is only when a person is brought before a judge that the
family hires a lawyer. For indigent persons, defence counsel is officially assigned only in
criminal cases and only when a case comes to court: “Every person accused before any Criminal
Court may of right be defended by a wakil” (Code of Criminal Procedure, art. 124). As all the
preparatory proceedings are handled by the police, they take place - even in criminal cases - with
no lawyer present and counsel is officially assigned to represent the accused only on the day of
the trial. According to consistent reports from present and former detainees, the officially
assigned counsel will often conduct a single interview with his client before defending him the
same day.
66.
This practice, which all too often reduces the right of defence to a mere formality, is
incompatible with article 20 of the Constitution and relevant international standards. The right to
a fair trial cannot be effective unless the right to legal representation is guaranteed throughout all
stages of the procedure, particularly for persons deprived of their liberty, regardless of whether
they have committed offences under ordinary law. Discussions that members of the Working
Group have had with lawyers suggest that the fate of ordinary-law detainees and foreigners in
administrative custody is not one of their priorities; they are more concerned with those formerly
held in connection with security offences and the implementation of political reforms. Among
the programmes of technical cooperation between the Office of the High Commissioner for
Human Rights and Bahrain, therefore, it would be advisable to make provision for one to make
lawyers more aware of the importance of their role in shaping a State governed by the rule of
law, where the presumption of innocence and the right to a fair trial of all accused persons,
however serious the charges against them, are respected.
67.
The status of lawyers is now being discussed with a view to organizing the profession
into a professional body, and a new Code of Criminal Procedure is in the process of being
promulgated. It is important to ensure that the new Code embodies the relevant universal
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