National Institution for Human Rights – Kingdom of Bahrain
the number of prohibited sites, the reasons for prohibition, and the legal controls
that have been adopted in imposing the prohibition. NIHR also inquired whether
criminal proceedings were commenced against any of the owners of these websites.
However, the Authority has not responded to these inquiries to date. In the same
context, NIHR also observed the continued prohibition of certain publications
of a number of licensed political societies, which is inconsistent with the general
principles of freedom of opinion and the right to expression, unless departure from
those principles is evidenced. On the other hand, NIHR is still concerned about the
news circulated in various media outlets and social networks about arresting persons
concerned with media affairs.
14. NIHR listened to the judgment rendered by the High Criminal Court in the hearing
held on December 30, 2013, dismissing the judgment of the Court of First Instance,
and acquitting one of the defendants. The Court held that the act of the defendant
is considered as exercise of the right to expression, based on the provisions in the
Universal Declaration of Human Rights, the Declaration of Human Rights in Islam,
and the Arab Charter on Human Rights. The incorporation of international and
regional human rights instruments in national legislation regarding the right to
expression by the judiciary guarantees the promotion and protection of this right.
NIHR appreciates the Bahraini judiciary position in this regard. The reasoning of
the acquittal decision was based on international human rights instruments, and
expresses its commitment to these instruments.
15. Within the scope of NIHR mandate to receive complaints, the Institution received one
complaint relating to the right of expression. Upon considering this complaint and
expressing its legal opinion thereon, NIHR addressed the Ministry of Justice, Islamic
Affairs and Endowments and found that the subject matter of the complaint is under
investigation by the Sunni Department of Awqaf. Thus, the National Institution does
not have the competence to consider this complaint.
16. Regarding the right to religious freedom, NIHR notes the need to rationalize religious
discourse, of whatever source, distance it from calls for hateful sectarianism, or what
may be explained as incitement or promotion of violence, and direct it towards
fostering the spirit of tolerance, love, and brotherhood, based on respect for others,
and rejecting and condemning violence. It should be handled in a sense of national
responsibility, according to the Islamic teachings.
17. Pursuant to the recommendation of the BICI report No. 1723/B - 2, which states as
follows: “Following-up the statement of His Majesty King Hamad bin Isa Al Khalifa
on the Government’s reconstruction of some religious facilities in accordance
with the administrative systems at the expense of the State. The Commissions
urges the Government’s consideration of this issue at the earliest convenience”.
The Government, in accordance with the Royal directives in this regard, commenced
the construction of worship places, and correcting the conditions of the violating
facilities in accordance with the legal framework that preserves the sanctity and
status of these places. The Government has also recently directed the adoption and
allocation of a special budget for the completion of this issue. According to Jaafari
Awqaf Department and the Ministry of Justice, Islamic Affairs and Endowments,
the formal procedures for all projects that are expected to be completed during 2014
have been finalized on the time schedules of these projects.
18. In this regard, NIHR appreciates the efforts exerted in this context, which serve to
promote national cohesion and bridge the gap caused by infringement on these
facilities. At the same time, NIHR calls for serious follow-up and promotion of
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