Third: Proposed law amending the provision of article (127 bis) of Decree-by-Law No. 46 of 2002 promulgating the Code of Criminal Procedure 1. T  he NIHR referred its advisory opinion on the proposed law to amend the text of Article (127 bis) of the Decree-by-Law No. (46) of 2002 promulgating the Code of Criminal Procedure, in which the amendment stipulates that “the public prosecution or the investigating judge or the competent court, based on the request of the victims or the witnesses or the informants or the experts or those who give information in the case, or according to what is perceived by the competent authorities from the investigations, and for acceptable considerations regarding their safety and the safety of people close to them, are entitled to order to take the necessary measures to protect them against potential danger which could threaten them because of, or in the event of testifying or coming forward with information. In such case, it shall order, with the consent of the victims or informants or witnesses or experts or the people who must be protected, to take all or some of the following measures until the danger is no longer existing: 1. relocation to a new place of residence. 2. change of identity. 3. ban the disclosure of any information about the identity, location, and place of residence of protected persons, or place restrictions on the circulation of some of this information. 4. provision of physical security for the protected person or around the house. 5. monitor means of communication and correspondence. In the case when any of the measures set out in the preceding paragraph are taken, a brief on the content of the testimony or the information shall be maintained in the investigation without disclosure of the real source until the circumstances that called for taking such measures no longer exist; or until the case is referred to the competent court and the permission to disclose the source’s identity is issued by the court.” 2. T  he NIHR made it clear in its opinions that the Article under amendment is related to the human right to privacy, which is essential to personal freedom and underpins the enjoyment of all public rights and freedoms, and the resulting protection of human dignity and respect. The right to privacy extends to include the right of inviolability of the home, and the right of secrecy of communications, as both are physical translation of personal views or private opinions that may not be disclosed or intercepted by anyone except those meant to view such. 3. The proposed law has placed a fence of legal protection around the right of individuals to privacy by stating such in the Constitution of the Kingdom of Bahrain in article No. (26) thereof, which stipulates that: “The freedom of postal, telegraphic, telephonic, and electronic communication is safeguarded and its confidentiality is guaranteed. Communications shall not be censored or their confidentiality breached except in exigencies specified by law and in accordance with procedures and under guarantees prescribed by law.” In addition, article No. (31) of the Constitution has referred regulating the rights and freedoms set forth in the Constitution to the law, provided that such regulation or limitation may not prejudice the essence of the right or freedom. Therefore, the freedom of correspondence, including telecommunications and electronic communications as means of correspondence, is a private freedom guaranteed to every individual. It is a public, basic, and private freedom guaranteed constitutionally to the citizen; from which, the principle of safeguarding the confidentiality of such communications stems. Without ensuring such confidentiality, the principle of the freedom and confidentiality of communication and correspondence becomes void content and meaning. 28