7. Therefore, in order to enhance the role of the trial judge by granting him discretionary power to
construct the punishment that most appropriately fit the criminal offense committed in accordance
with the conditions and circumstances of the criminal case. The NIHR suggests that the punishment
for such offenses be (imprisonment and fine, or one of these penalties), while keeping the proposed
tightening of penalty as stated in the proposed law regarding the term of imprisonment and the
amount of the fine. This distinction in penalty would give the judge actual discretionary power to
determine the appropriate penalty in the light of the facts before him, while prescribing the penalty
of (imprisonment and fine) together and their application at the same time may be unjustified
tightening, inconsistent with the circumstances, conditions, and facts of the criminal case in certain
circumstances.
Tenth: The Proposal with aspiration that the honorable Government prepares a study on the
Kingdom of Bahrain’s compliance with the provisions of the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social, and Cultural Rights
1. The NIHR referred its advisory opinion on the aspiration that the Government of Bahrain prepares
a study on the Kingdom’s commitment to the provisions of the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. The
objective is that the Government pays more attention to the commitment of the Kingdom of Bahrain
to the provisions of the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights, as well as follows up such incessantly.
2. While the NIHR appreciates in principle the goals and objectives to be achieved by the proposal
of aspiration on preparing a study on the Kingdom’s commitment to the provisions of the two
International Covenants by the Honorable Government; and although the NIHR agrees with the
House of Representatives with regard to devoting more attention and continuous follow-up by the
Government on the extent of the commitment of the Kingdom of Bahrain regarding this subject.
3. However, the NIHR, by reference to the content of the proposal of aspiration - as in its explanatory
memorandum - considers that it is merely a general proposal by the House of Representatives to
the esteemed Government, requesting the latter to prepare a study on the extent of compliance of
the Kingdom with the provisions of the two International Covenants. It is a proposal that does not
contain any legislative or regulatory texts, or a particular study, or a plan to promote or protect
a human right. This makes the content of the proposal of aspiration beyond the competencies
assigned to the NIHR as set out in its Establishment Law.
4. On that basis, the NIHR noted that, pursuant to the accession of the Kingdom of Bahrain to the
International Covenant on Civil and Political Rights by Law No. (56) of 2006, in particular Article No.
(40) thereof, and the International Covenant on Economic, Social, and Cultural Rights, by Law No.
(10) of 2007, in particular Article No. (16) thereof, the Honorable Government is obliged to submit
regular periodic national reports to the relevant human rights treaty bodies of the United Nations
on the progress made in the implementation of the provisions of the two International Covenants.
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