• The recommending on the need to overcome all obstacles with regard to limiting the freedom of
movement across borders or official ports, and not preventing anyone from traveling without legal
justification, and the importance of informing the person concerned of the issuance of any decision
banning him/her from traveling well in advance. The Ministry of Justice and Islamic Affairs and
Endowments launched on November 11, 2015 an electronic service to inquire about travel bans
and payment of dues, which enables citizens and residents to have access to their legal status and
settle them if necessary before proceeding with travel arrangements through the national portal
bahrain.bh. This is done in collaboration with the Information and E-government Commission, the
Nationality, Passports, and Residence Affairs, and the Ministry of Transport and Communications.
The Minister of Justice, Islamic Affairs and Endowments explained that “this service will help all
citizens and residents, as it will enable them to verify if there are any civil court rulings issued by
the implementation courts preventing them from traveling as of July 2008. Therefore, it will save
them the trouble of booking and payment of travel costs, and avoid any losses resulting from not
traveling. In addition, citizens and residents can avoid any delays that may result in effecting rules
proceedings, if any. In the end, this will be in the interest of the public; pointing out that, with
this service available, the person concerned will not be forced to visit the Ministry to complete the
payment process and then follow-up the judge’s ruling with respect to this matter.
• The recommendation to expedite the issuance of the necessary amendments to the Code of Criminal
Procedure on reducing the duration of custody and granting the accused the right to effective
grievance. Law No. (39) of 2014 amending some provisions of the Code of Criminal Procedure,
promulgated by Legislative Decree No. (46) of 2002, was issued on September 3, 20143. It replaced
the text of articles (147), (148) and (149) of the Code of Criminal Procedure of 2002 with the following
text:
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
Article (147)
A detention order issued by the Public Prosecution shall not be valid except for the seven-day period
following the hand-over of the accused thereto. If the Public Prosecution decides to extend the period
of detention in custody, it shall prior to the expiry of the seven-day period, refer the documents to the
Lower Court Judge to issue his order upon hearing the statements of the Public Prosecution and the
accused for extending the detention for a successive term(s) whose total shall not exceed thirty (30)
days, provided each term shall not exceed fifteen (15) days, or shall release the accused with or without
bail.
For the offences provided for in Part One of the Special Section of the Penal Code, the Public Prosecution
shall have the powers of the Lower Court provided for in the preceding paragraph.
Article (148):
If the investigation is not completed and where the Public Prosecution decides to extend the detention
in custody over and above the period prescribed in the preceding Article, the documents shall prior
to the expiry of the said period be referred to the High Criminal Court that is held in the Consultation
Room to issue its order upon hearing the statements of the Public Prosecution and the accused to extend
the detention for successive terms each of which shall not exceed thirty (30) days if this is deemed in the
interest of the investigation or shall release the accused with or without bail.
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Effective on 12 September 2014, and published in the Official Gazette No. 3171 on 11 September 2014.
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