preamble. The first article adds a new clause, number (11), to Article (2) of the Law on the Protection
of Society against Terrorist Acts. The new clause aims at abating the phenomenon of harboring
fugitives in terrorist crimes, whether accused or convicted, to prevent them from committing other
terrorist crimes or impunity, thus, contribute to the preservation of security and stability in the
Kingdom. The second article is executive relating to the competent authorities, who implement the
provisions of this law and the date of entry into force of the provisions contained therein.
2. Clause (11) of Article (2), as stated in the draft law stipulates that, “The penalties set forth in Article
(3) of this Law shall be applicable to any of the following offenses if committed deliberately
for committing a terrorist act: … (11) Harboring (shielding) accused or convicted fugitives in
terrorism cases”. The NIHR values in principle the objectives to be realized by the draft law. Its
views are, in principle, consistent with the legal observations (in form and in substance) contained in
the memoranda of the Government and the Legislation and Legal Opinion Commission on adding
a new clause for Article (2) as stated in the draft law, and refers these observations to prevent
repetition.
3. The NIHR emphasizes that, in keeping with good legal drafting of punitive provisions, especially
in deliberate crimes, the two main elements of a crime must be determined: the physical element
(Actus Reus), which is the criminalized conduct of the offender; and the mental element (Mens Rea),
the crime subject matter of the draft law, which is the intention of the offender and knowledge that
the person whom he harbored and hid from law enforcement authorities is (accused or convicted)
in cases of terrorism.
4. In view of the fact that the text set forth in the draft law provides legal protection of a person acting
in good faith, who does not know of the offense committed by the person he hid and harbored, the
word “Knowingly” must be included at the end of the added clause of Article (2) of the draft law.
The purpose of such insertion is the actual fulfillment of the objectives and intentions of the penalty
for this crime.
5. On the other hand, the NIHR affirms that, although the purposes of punishment for committed
crimes is to achieve public and private deterrence, rehabilitate the offender, and correct his/
her behavior, to be a good person who benefits himself/herself and his/her society; yet, these
considerations must not be distant from the surrounding family and community dimensions.
6. Reverting to the text of the draft law, the NIHR notes that it has neglected to consider the family
and societal dimensions to this type of crime. The requirements of logical reasoning, as well as
considering the family dimension, require absolving the offender who committed the harboring
or concealing if he/she is a spouse, ascendant, or descendent of the accused or convicted person,
who is a fugitive of a terrorist crime. Such exemption is a modernized commendable human course,
adopted by the Bahraini legislator in a number of punitive provisions in force, whether prescribed in
the Penal Code promulgated by Decree-Law No. (15) of 1976 or Law No. (58) of 2006 on Protection
of Society from Terrorist Acts.
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