8. Paragraph (11) of Article (2) of the said proposed law stipulates that, “Covering up those
fugitives accused or convicted in acts of terrorism.” This proposed law was presented to the
Council of Representatives, concluding in its Decision No. (22) of the first ordinary annual session
of the fifth legislative term - Session No. (10) on 19 February 2019 - to amend the name of the
proposed law to “proposed law adding a new Article No. (16-bis) to Law No. (58) of 2006 on
the Protection of Society against Acts of Terrorism,” and to add a new article No. (16-bis), which
stipulates that, “Any person hiding a suspect or a convicted person in any of the crimes
provided for in this law, with his knowledge, shall be punishable with imprisonment.
The provision of this article does not apply to the spouse of the harbored person, nor to
his/her ancestors, descendants, brothers or sisters, and to those of the same status as
relatives by virtue of intermarriage.”
9. The NIHR concluded that it agrees with the Decision of the Council of Representatives regarding
adding a new article No. (16- bis) to the proposed law. It commended the humanitarian
approach represented by not establishing crime and punishment of the spouse of the person
hiding the accused or the convicted, nor his/her ancestors, descendants, brothers or sisters, and
those relatives by virtue of intermarriage. This approach is in conformity with the basic principles
of human rights, and takes into account family and societal dimensions.
Fourth: Proposed law to add a new article No. (189-bis) to the Penal Code promulgated by
Decree-Law No. (15) of 1976
10. The NIHR expressed its advisory opinion regarding a proposed law to add a new article No.
(189-bis) to the Penal Code promulgated by Decree- Law No. (15) of 1976, which consists of
two articles, in addition to the preamble. The first article thereof adds a new article No. (189bis) to the Penal Code issued by Decree-Law No. (15) of 1976, and the second article is an
executive article.
11. The second paragraph of Article (189-bis) of the proposed law stipulates that, “Any person who
presents, gives, offers, or promises to give to a public official or an individual in charge
of a public service anything provided for in Article (186) is a briber. Any person who
interferes by intermediation with the briber or the bribe-taker to offer, ask for, accept,
take, or promise to give a bribe is considered a mediator. The briber and the mediator
shall be punishable with the penalty prescribed for the bribe-taker”.
12. The NIHR concluded that it agrees in principle with the purposes and objectives of the proposed
law in question, as it is consistent with the provisions of the United Nations Convention against
Corruption, which the Kingdom of Bahrain has ratified under Law No. (7) of 2010, taking
into consideration the general rules pertaining to drafting punitive provisions, and ensuring that
attention is paid to achieve equality between the legal positions of all the parties to the crime of
bribery.
50