to be based on serious reasons and evidence suggesting that an error has marred the voting or
counting process, which means that the appeal should not be taken as a means to lean on the
Court of Cassation to order the re-counting of ballots for the mere suspicion of errors.”
17. If, however, there are serious and valid reasons and evidence that give rise to believe an error has
marred the voting or counting process, then, the Court of Cassation shall have the right to recount
the ballots itself. This is explained in the Court’s opinion in Appeals No. (2), (9), and (11) on 28
October 2002, for the first appeal, and on 30 October 2002 for the other two appeals, that, “The
Court of Cassation has the right to access the electoral papers to ensure their soundness and
conformity with the results of the elections that have been announced.”
18. On the practical side, the NIHR monitored, on the official account of the Bahrain News Agency
(BNA), news reporting that the Court of Cassation had adjudicated the last electoral appeal filed
in the Court, in which candidates for the parliamentary council and municipal councils were
challenged. The Court held its sessions on Thursday, 20 December 2018, under the chairmanship of
Counselor Abdullah bin Hassan Al Boainain, and the membership of Counselor Abdullah Ya’coub
Abdulrahman and Nader Al Sayed Ali Ali Abdulmutallab to consider four electoral appeals filed
by three candidates for the membership of the House of Representatives and one appeal filed by a
candidate for the membership of the Municipal Council. The Court rejected all the appeals.
19. The NIHR appreciates the important role played by the Court of Cassation as the body mandated
by the Constitution to consider electoral appeals. This highlights the importance and seriousness of
the attention paid to the credibility, transparency, and impartiality of the electoral process. Thus, the
highest courts in the Kingdom were given the task of monitoring the conduct of the election process
and adjudicating election appeals, due to competence and long working experience of its members,
making them the most capable and efficient to carry out this responsibility, and they were worthy
of such.
Recommendations:
In light of the above, the National Institution for Human Rights recommends the following:
1. Classify the referendum and elections crimes mentioned in Article (30) of Decree-Law No. (14)
of 2002 on the Exercise of Political Rights, as amended, as urgent; and establish a competent and
temporary court to consider and adjudicate these crimes.
2. Issue a new law on organizing media and electoral propaganda for the elections of the members
of the House of Representatives and the municipal councils, to include all the issues related to
the organization of such propaganda, allocated funds, means of exercising it, and the related
prohibitions. In addition, the new law must include deterrent penalties that prevent the violation
of its provisions. The said law must also provide for provisions that regulate the issue of funds and
campaign spending, in particular, provisions setting maximum limits to spending and financial
expenditures on electoral campaigns.
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