13. NIHR asserts that Article 1 of the applicable Press, Printing and Publishing Law, which regulates
the issues related to the press, defines the (newspaper) as “any newspaper, magazine or other
publication issued under one name periodically at regular or irregular intervals of time, including
e-newspapers issued or broadcast electronically”. According to the said Law, (publications) are
“writings, paintings, songs, images, audio or audio-visual products, and other means of expression,
whether written, drawn, photographed, or recorded in any way including electronic or digital
means; anything that can be stored on a support; stored on magnetic or electronic storage containers,
or any new technology designated for and capable of circulation”.
14. The newspaper makes use of the various social networks, including audio, visual or other means
of expression, which is not inconsistent with the restrictions contemplated in the applicable Law,
or the necessary framework of a democratic society. These products are audio or visual products
that are consistent with the express law. In addition, it is impermissible for the Authority to justify
the prevention decision on the pretext of waiting for a new law regulating the media profession to
include the regulation of audio-visual media activities.
15. In this regard, NIHR noted the continued blocking of certain publications of a number of licensed
political associations. This practice is contrary to the general principles of freedom of opinion and
the right to expression, unless it appears that there is departure from those principles.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
16. NIHR emphasizes the importance of making efforts by the state and society in maintaining an
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
atmosphere of coexistence, tolerance, national unity, cohesion of the social fabric, and fostering
its awareness ofاﻟﺒﺤﺮﻳﻦ
political andﻣﻤﻠﻜﺔ
human rights,
which ﻟﻌﺎم
allows effective mass enjoyment of the various
ـ2015
rights and public freedoms.
Section VII:
Freedom of residence and the right to movement
1. The freedom of residence and the right to movement is one of the most important human rights
and a pillar of human dignity. This right includes the freedom of individuals to move and chose
residence within the territory of the state, and the freedom to leave any country, including their own
homeland, besides their freedom to enter the countries they have left. The elements of this right
directly influence other human rights.
2. Clause “b” of Article 17 of the Constitution of the Kingdom of Bahrain provides that: “It is prohibited
to banish a citizen from Bahrain or prevent him from returning to it”. Subsequently, Clause “b” of
Article 19 provides that: “A person cannot be arrested, detained, imprisoned or searched, or his
place of residence specified or his freedom of residence or movement restricted, except under the
provisions of the law and under judicial supervision”.
3. At the level of national legislation, Article 178 of the Civil and Commercial Procedure Law No. 12
of 1971, as amended, states that: “The plaintiff may seek an order from the Court forbidding the
defendant from travel, subject to the two following conditions: 1. If there are serious grounds for
presuming that the defendant’s absconding from litigation is imminent; 2. If the claim is based on
an existing and payable debt that is proved in writing, or the existence of the right is probable based
on the documents. The Plaintiff or the person to whom the travel ban order is issued shall notify the
person against whom the order is issued, if it is issued in his absence, within eight days from the
date of the decision, by a letter with acknowledgment of receipt”.
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