Section I:
Advisory Opinions Submitted to the Legislative Authority
(1) Shura Council
In appreciation of the efforts of the Shura Council as to all issues related to human rights, during the
period of the report, NIHR received two requests for its views on the draft law and the proposed law.
First: Proposal to amend Law Decree No. (3) of 2002 on the Election of the Members
of Municipal Councils
1. N
IHR referred its advisory opinion on the draft law amending Law No. (3) of 2002 on the Election
of the Members of Municipal Councils, which includes aggravating the prescribed penalties for
electoral crimes stipulated in Article 30 of the Decree Law No. 3 of 2002 on the Election of the
Members of Municipal Councils.
2. T
he draft law provides for aggravating the penalty set out in Article 30 of the Decree –Law on the
crimes of the electoral process to (imprisonment for no more than two years and a penalty of no
more than BHD Two Thousand, or by either punishment) instead of (imprisonment for no more
than three months and a penalty of no more than BHD Two Hundred, or by either punishment)
in addition to including a paragraph that does not permit the suspension of the enforcement of the
penalty related to the crimes set out in this Article and increasing the prescription period of the
criminal case or the civil case for the crimes set out in this Article to six months instead of three
months.
3. In its proposed law, NIHR focused and stated that most provisions of the proposed law under
consideration aggravate the penalty prescribed for electoral crimes. The proposed aggravation of
penalties aim at general and specific deterrence from committing this type of crimes, in proportion
with their gravity. It is not the type of aggravation that has an impact on people enjoyment of
fundamental rights and freedoms. Moreover, the proposed amendments do not represent a violation
of human rights, as set out in human rights international instruments.
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