Recommendation 1720

To make subject to review in ordinary courts all convictions and sentences rendered by the National Security Courts where fundamental principles of a fair trial, including prompt and full access to legal counsel and inadmissibility of coerced testimony, were not respected be subject to full review in the ordinary courts.

Status

Some convictions in National Safety Courts are currently under review by civilian courts, while others have been dropped. Other cases have not yet been transferred.

Government Claim

(source: www.govactions.bh on 3/3/2012)

This has been implemented in the following way:

All live cases are being reviewed in the ordinary courts to ensure fair trial rights have been complied with in cases before the National Safety Courts (NSC).

Where final judgments were rendered in the national safety courts, and cannot be opened up on appeal, on 2 January 2012, the Supreme Judicial Council announced that it had formed a committee to review all such final judgments (which number 30) to ensure that the accused was provided with his or her fair trial rights. Out of the 30 final judgments (involving 31 people), 13 people had already served their sentence and had been released. This left 18 accused still in detention. In relation to these 18 accused, the SJC decided that:

  • 6 would have their sentences reduced to time served, and could be released.
  • Charges would be dropped against 5 accused as they related to speech related activity. This resulted in 4 out of the 5 accused being released immediately, with one person still detained on other charges. All 5 of the accused would have their records expunged of the speech related charges.
  • Convictions against 7 persons would be maintained.
Recommendation 1720
All convictions in National Safety Courts where fair trial procedures were not followed should be reviewed by ordinary courts
Status: Partial
Government claim: Implemented

Summary:

  • Partial Some convictions have been reviewed by civilian courts, while others have not