11- Based on the foregoing, the NIHR deems it important to amend the provisions of Articles Numbers
(1), (6) and (7) of Law Number (27) for the year 2005 concerning education, such by rendering the
compulsory basic education as inclusive of education in the secondary stage, whereby the basic
education comprises of three stages: the elementary stage, the preparatory stage, and the secondary
stage, and whose overall period is twelve scholastic years.
Fifth: Proposal to amend Article Number (82) of Law Number (3) for the year 1982
concerning the Public Security forces Regulation amended by virtue of Law Number
(37) for the year 2002.
1- The NIHR submitted a proposal to amend Article Number (82) relating to Article Number (3)
for the year 1982 concerning the Public Security Forces Regulation, amended by virtue of Law
Number (37) for the year 2002, where the NIHR explained in its consultative opinion that whilst the
Constitution of the Kingdom of Bahrain stipulated in Article Number (20) thereof, in paragraphs
(c, g) specifically: “C. An accused person is innocent until proved guilty in a legal trial in which
he is assured of the necessary guarantees to exercise the right of defence at all stages of the
investigation and trial in accordance with the law.” And “f. The right to litigate is guaranteed
under the law.”
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
2- Moreover, Article Number (105) thereof through paragraph (a, b) stipulates: “a. The various types
and degrees of the courts shall be regulated by law, and the law shall state their functions
and jurisdiction. b. The jurisdiction of military courts shall be confined to military offences
committed by members of the Defence Force, the National Guard, and the Security Forces. It
does not extend to other persons except when martial law is declared and within the bounds
prescribed by law.”
3- By reading the texts of the law issued by decree Number (3) for the year 1982 concerning the Public
Security Forces and amended pursuant to Law Number (37) for the year 2002 issued by a decree,
Article Number (82) relating to forming courts stipulates: “The military courts are: 1-the higher
military appeal court: and comprises of three judges presided by the most senior whose rank is not
less than colonel. 2- The greater military court: this comprises of three judges presided by the most
senior provided that his rank is not less than lieutenant colonel. 3- Minor military court: comprises
of a single judge whose rank is not less than captain. It is required that at least one judge in these
courts has a law degree and it is permissible for him to be a civilian affiliated to the Ministry of
Interior, and it must always be the case for the court presiding judge to be more senior in rank
than the accused, and in case this is impossible then to be of equal rank. The formation of these
courts is by virtue of a decision of the Minister of Interior, and the trial is held at the place and time
designated by the presiding judge.”
4- Hence, the law issued by decree concerning the Public Security Forces Regulation referred to above
did not regulate the degree of appeal before the Court of Cassation within the formation of courts
to which are subject the members of the Public Security Forces referred to in Article Number (5) of
the same law.
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