the National Guard and all their belongings, wherever they may
be located.
d. Crimes committed against Bahrain Defence Force personnel or
the National Guard if they are committed because of or on the
occasion of the performance of their duties.
e. Crimes against vital or important facilities or official convoys
when they are secured or guarded under the responsibility of
Bahrain Defence Force or the National Guard.
f. Crimes related to any of the crimes mentioned in the preceding
clauses.
The Military Justice may refer any of the crimes within its jurisdiction
in accordance with the preceding provisions to the civil courts or to
any competent judicial authority”.
3. Article 2 (17 bis 1) of the above Law provides that: “As an exception
from any other law, the Attorney General may, with the approval
of the Military Justice, refer to this court any of the crimes set out
in the Law of protection of society from terrorist activities or any of
the crimes against the external or domestic national security of the
state, set out in Chapters I and II of Part I of the relevant section of
the Penal Code, and any associated crimes”. The said Law replaced
Article 46 as follows: “Military courts shall have the jurisdiction
to settle any claims that fall within the jurisdiction of the military
judiciary, pursuant to the provisions of this Law”.
4.
Accordingly, NIHR, having considered the abovementioned legal
provisions, believes that the referral of the case to the Military Justice
is in accordance with the law. Decree-Law No. 34 of 2002 promulgating
the Military Justice Law, according to the amendment enacted under
Law No. 12 of 2017, authorizes the military courts of Bahrain Defence
Force to consider any of the crimes committed by civilians against
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