5- Reverting to Article Number (105) Paragraph (a) of the Constitution which assigned jurisdiction
for arranging courts of various types and grades whilst elucidating the functions and competencies
of these courts, the judiciary was organized pursuant to the law issued by decree Number (42) for
the year 2002 by the enactment of the Judicial Authority Law, according to which the courts were
divided into civil and religious courts, in addition to the criminal courts which are regulated by a
law issued by decree Number (46) for the year 2002 by issuance of the Criminal Procedures Law,
in addition to the presence of other courts such as urgent decisions courts, the constitutional court
and the military courts.
6- By shedding light on the law issued by decree Number (42) for the year 2002 by issuing the Law
of Judicial Authority, we find that Article Number (6) thereof stipulates: “The Civil Courts are
composed of the following: 1. Court of Cassation, 2.Civil Higher Appeals Court, 3. Greater
Civil Court 4. Lesser Court, each of the above has jurisdiction in settling all cases raised to their
attention in accordance with the law in civil, commercial and administrative articles, as well
as in disputes related to the personal affairs of non-muslims, and in crimes, save for anything
exempted by a special clause.”
7- Moreover, the law issued by decree Number (12) for the year 1971 issued the Civil & Commercial
Procedures Act which emphasizes what was contained in the law issued by decree Number (42) by
issuing the Judicial Authority Law, where Article Number (200) thereof stipulates: “The means of
challenging a verdict are: 1- objection to verdict by default 2- objection by a party external to the
litigation 3- appeal 4- requesting a rehearing of the trial”.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
8- On the other hand, the law by decree Number (32) for the year 2002 promulgating the Bahraini
Defense Forces Law is devoid of a text referring to the organization of the courts to which are subject
those who are addressed by it, but by reading the provisions of the law by decree Number (34) for
the year 2002 by issuing the Military Penal Law amended by virtue of law by decree Number (46)
for the year 2010, it may be observed that Article Number (35) thereof stipulates: “The military
courts are: a)The military court of cassation. B)Higher military court of appeal. C) Higher military
court. D) Lesser military court. E) Special military court. Each one of them is competent to hear the
cases referred to them according to the law.”
9- Moreover, Article Number (46 repeated) of the latter law includes the jurisdictions assigned to
the Court of Cassation which pivot around considering the appeals presented by the military
prosecution or by the convicted person insofar as the final judgment issued by the High Military
Court of Appeal or the Higher Military Court in its appeal capacity in a felony or misdemeanor,
in addition to the competence to adjudicate in the requests to reconsider the final judgment of
punishment related to the articles of crimes and felonies, in addition to adjudicating in dispute over
competence between the military courts.
10- By reverting to the law by decree Number (3) for the year 1982 concerning the Public Security
Forces Regulation amended by virtue of law by decree Number (37) for the year 2002, which did
not provide for formation of the Court of Cassation within the military courts to which are subject
those addressed by its provisions, and excepted from this are the segment of civilian employees
working in these forces who are subject to ordinary courts of law.
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