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Al-Shamlawi: Interrogation of Sheikh Hassan Isa Raises Suspicions due to Absence of Lawyer

2015-08-27 - 10:11 p

Bahrain Mirror: Lawyer Abdullah Al-Shamlawi said that the fact that "a lawyer wasn't present with the former Member of Parliament and member of Al-Wefaq National Islamic Society raises suspicions regarding the due process of interrogation."

"What came in the statement of Bahrain's Terror Crime Prosecution that Sheikh Hassan Isa was given all his legal rights and he (Sheikh Isa) denied having an attorney contradicts with the international regulations of criminal trials standards and standards of a fair trial, as stipulated in Article 14 of the International Covenant on Civil and Political Rights that Bahrain has ratified," he added.

According to the Al-Wasat newspaper, Al-Shamlawi said: "Only asking Sheikh Hasan Isa about his lawyer is not enough. The Public Prosecution asked the suspect about his lawyer, Sheikh Hasan Isa said that his lawyer is not present. The rational course of matters obliges the investigation and indictment authorities to inform the defendant that he will be interrogated ahead of time, so that he can contact his lawyer, and thus the latter can accompany him. This happens if the prosecution abides by the legal articles that guarantee fair prosecution procedures for the defendant during interrogation."
"No one knows when the investigation and indictment authority will launch its investigations and begin its procedures, but the authority itself," Al-Shamlawi stated.

He went on to say to that "Justice won't be affected if the Public Prosecution waited an additional hour so that the defendant would be able to call who he wishes to be his attorney and attend his interrogation session, although the presence of his lawyer will only be formal. Yet, the lawyer's presence according to the criminal procedures will guarantee due process. Anything other than this will raise suspicions that the law is being violated with regards to not meeting the standards and guarantees stipulated by the international and local laws that Bahrain has ratified."

"It is unacceptable to say that the absence of a lawyer is only avoided during prosecution and in case the charge is a felony, for the Constitution stipulates that a lawyer be present in all stages of investigation and prosecution phases. This is an unconditional regulation. Anything other than that contradicts with the Constitution and is considered an amendment to the Constitution under the pretext of interpretation, which is unacceptable as well."

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