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Bahraini Prosecution Responds to Al-Shamlawi Over Isa's Interrogation: You did not Bother Yourself to Attend Interrogation

2015-08-29 - 5:15 am

Bahrain Mirror: Attorney-General Haroon Al-Zayani responded, on the behalf of the Public Prosecution, to recent statements by lawyer Abdullah Al-Shamlawi in which he raised suspicions regarding the due process of interrogation of Al-Wefaq senior figure, Sheikh Hassan Isa, due to the lawyer's absence.

Al-Zayani said in a press release: "What Al-Shamlawi had stated contradicts with what happened on the ground with regards to the measures taken against the suspect since his arrest and until his interrogation. Al-Shamlawi's statement reveals an unjustified arbitrary opinion and presumptions about the due process of interrogation without having knowledge of it. If Al-Shamlawi gave himself the right to judge the due process of interrogation for a reason or another, the Public Prosecution does not accept to be criticized unless in the ways set by the law and by someone involved in the case. Comments made by people who are not aware of the matter and have nothing to do with the case will not be taken into consideration."

"The suspect was arrested with the knowledge of the Criminal Investigation Department (CID) on August 18 and was kept in custody, according to the law, for 4 days before standing before the prosecution where he was interrogated. During the entire time of his arrest, the lawyer did not bother to visit him where he has been detained to look into the conditions and reasons of his arrest or attend Isa's interrogation. Besides, the suspect did not mention during the entire period of his detention his lawyer's name. He neither assigned a lawyer nor asked for one when he was interrogated on August 23, 2015. It is noteworthy that Al-Shamlawi's request to attend the interrogation of the suspect was late as it was made on August 25, 2015, i.e. two days after the interrogation. The attorney-general accepted Al-Shamlawi's request," Al-Zayani further stated.

Al-Zayani went on to say that, "the prosecution is committed to implementing the law with no exceptions. According to the law, the suspect has to announce the name of his lawyer in a report to the court or the official in his place of detention. The law also gives this right to the lawyer yet neither the defendant nor the lawyer did so. The lawyer even sent the request to the prosecution late, i.e after the interrogation ended. However, as for what Al-Shamlawi said, about how the constitution stipulates that a lawyer should be present with the defendant during all stages or else the procedures are considered to be void, is not true, for the constitution provided the necessary guarantees for exercising the right to defence in accordance to the law. The constitution; however, stipulated that these guarantees be regulated by the law in a way that does not violate the suspect's freedom to choose and assign his lawyer. The prosecution, for its part, literally adheres to the restrictions stipulated by the law in this regard. It did not violate the suspect's intention that he did not even express, as has been previously mentioned, although he was fully aware of his rights and guarantees."

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