12. T
he new Article No. (27 bis) in the Decree-by-Law stipulated that “If a terrorist crime is committed
or if there are sufficient evidence on possibility of commission thereof, the judicial arrest officer
shall be entitled to take – within the spatial scope of the crime and for purpose of arresting the
committers thereof or to prevent the occurrence thereof – any of the following procedures: 1.
Inspecting the persons, who has satisfied sufficient evidences to be accused and inspecting their
luggage. 2. Stopping and inspecting the public and private vehicles. 3. Banning the movement of
means of transportation and traffic and pedestrians. 4. Disconnecting the communications and
correspondences in the crime spatial scope and the locations, where the anti-terrorism measures
are being undertaken for period doesn’t exceed twelve hours and such period may be extended
by resolution of the terrorist crimes prosecution for period doesn’t exceed twenty four hours. 5.
Preventing any persons that there are strong evidences against him that he has participated in a
terrorist act from access to specific areas or location at specific time and days by virtue of an order
to be issued by Head of Public Security for period not more than fifteen days. This order may be
complained before the competent court and the complaint shall be decided within three days as of
date of submittal thereof”. NIHR considers that the stipulation mentioned in the Decree-by-Law
above has granted the judicial arrest officers powers represented in the authority to inspect the
individuals and the public and private vehicles, to ban the movement of means of transportation
and traffic and even extended such authority to the possibility to disconnect the communication
and correspondences reaching to the authority to prevent any person from access to specific
areas or location at specific time and days. These measures in total represent gross breach to the
fundamental human rights and freedoms.
13.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ﻣﻤﻠﻜﺔ
ـ2015
ﻟﻌﺎم
IHR believes اﻟﺒﺤﺮﻳﻦ
N
that the judicial
arrest officers
should
undertake their role in protecting the society
from terrorist acts that undermine the security and stability, terrorize innocent citizens and residents,
and threaten national security and peace, such powers granted to them should not be loose and
without restriction. However, all measures should be taken by order and under the supervision of
a judicial authority whether on part of the competent court or the terrorist crimes prosecution at
least.
14. N
IHR considers that the powers granted by the Decree-by-Law above to the judicial arrest officers
are not absolutely in agreement with the general and basic principles of human rights. Grating
such powers to the judicial arrest officers without order or supervision by a competent judicial
entity represents a gross violation of the individual’s fundamental human rights and freedoms.
Second: The draft law issuing Legal Practice Law (prepared in light of the draft law
submitted by the Shura Council)
1. The NIHR referred its consultative opinion on the draft law on issuing the Legal Practice Law
(prepared in light of the draft law submitted by the Shura Council), which consists of, in addition
to the preamble, seventy nine (79) Articles dealing in their entirety with the regulation of the
legal practice in Kingdom of Bahrain by defining the legal practice, setting up the conditions for
registration in the legal profession register, organizing the conditions and provisions that shall be
fulfilled by foreign law firms to operate within the kingdom, organizing the register of the lawyers
admitted to pleading before the court of Cassation and the Constitutional court, organizing lawyers
rights, duties and disciplinary responsibilities and determining their fees and legal aid as well as
the penalties determined upon violation of the provisions thereof.
31