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Al-Shamlawi Describes Sheikh Hassan Isa’s Detention as “Forced Disappearance”

2015-08-27 - 10:03 p

Bahrain Mirror: Lawyer Abdullah Al-Shamlawi considered that preventing the former Member of Parliament and Al-Wefaq bloc member Sheikh Hassan Isa from meeting with his lawyer despite being in custody for a week is a "violation of his right to defense", adding that the "constitution and all the legal texts stress on the necessity of providing all guarantees for the defendant in all stages of investigation and prosecution," calling on the competent authorities to allow this meeting to take place to protect the suspect's rights and due process.

According to Al-Wasat Newspaper, Al-Shamlawi said that he hasn't yet met with his client since his arrest, describing the act of blocking any news or information about his client from his family as "forced disappearance." He even stated that he only heard that Sheikh Hassan Isa was taken to the Public Prosecution's office, pointing out that he "wasn't even informed about his arrest in the first place."

"This is a violation of guarantees that the defendant should enjoy," he said, adding that "the constitution stipulates that the defendant is innocent until proven guilty in a trial that provides all legal guarantees in all stages of investigation and prosecution."

"Article 14 of the International Covenant on Civil and Political Rights (ICCPR) ratified by the Kingdom of Bahrain guarantees, in a trial, the right to counsel for the defendant. Unfortunately, there is an contrived understanding of the lawyer's representation of the defendant without his presence," he explained, adding that "it is wrong, because the lawyer can only represent the defendant in case he is allowed to leave and his attendance isn't mandatory during the trial. This only happens in cases of the civil law, but according to the criminal law, the attorney must represent the defendant in his presence and not in his place."

"Sheikh Hassan Isa is considered to be isolated from the defense, and in my opinion this (view) agrees with what is stipulated in the International Covenant on Civil and Political Rights and other laws in this regard," he further stated.
Concerning the announcement of charges in newspapers before reciting them to the defendant and his lawyer, Al-Shamlawi said that "according to the principles, it is not permitted, but the prosecution is allowing it."

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