Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain
centers, nursing homes, or shelters. It also provides for the victim’s right to bring his case
before the courts, and allows the victim of the crime of trafficking in Persons to stay in the
Kingdom - if foreign – provided that his legal conditions are adjusted.
17. However, there are deficient aspects in the Law, which is incommensurate with a law that
deals with a particular crime and is assumed to be conclusive and able to fight the crime in
an integrated manner. The Law does not include the definitions of the terms stated therein
in order to disambiguate the terms, for example; “sexual exploitation practices, practices
similar to slavery, and criminal groups”, as the case in other Arab laws76. The importance of
clarifying these terms lies in assisting the investigation bodies (the public prosecution or the
competent court) to properly classify the case in accordance with the law. The lack of a clear
identification of these forms lead to minimizing the crime through conferring a less dangerous
legal description. The crime of trafficking in Persons takes several forms that overlap with
other crimes that are less dangerous such as begging, breach of work organization laws, and
other crimes set out in the Penal Code, such as assaulting the integrity of the body and the
crime against chastity.
18. In addition, the Law, in demonstrating the cases of aggravated punishment for the crime of
trafficking in Persons by a criminal group, does not explain the concept of this group, the
number of the members of this group, whether it conducts its criminal activity within the
territorial borders of the Kingdom or abroad, and the means of practicing its activities, such as
management of commercial activity to hide the crime, or management of websites. Moreover,
in enumerating the cases of aggravated punishment, the Law does not state the case in which
the victim is the spouse of the offender, a child, or a person with disability.
19. The crime of trafficking in Persons is a trans-national crime that covers the source countries,
transit countries, and countries of final destination. However, the Law does not refer to the
territorial scope of the application of its provisions, for instance in the case of a crime committed
in more than one state; if it is committed in one country but was planned, set up, guided and
supervised in another state; if it is committed in one country through an organized criminal
group that is engaged in criminal activities in more than one state criminal group; or if it is
committed in one country but its implications extend to other countries77.
20. In addition, the Law does not independently address the mandate or jurisdiction for its
application, taking the circumstances surrounding the crime into account, such as committing
the crime by an organized criminal group that operates in more than one country, including
the Kingdom of Bahrain; the crime committed abroad and having results in the Kingdom;
citizens who were victimized abroad; or if the perpetrator was found in the territory of the
country after committing the crime in another country78.
21. In the field of protection of the victims of the crime of trafficking in Persons, the Law does not
indicate the need to provide protection and ensure complete confidentiality for the victims
of the crimes of trafficking in Persons, whether at the stage of investigation or trial. The Law
also considers the crime of trafficking in Persons a felony punishable by imprisonment, but it
does not refer to the attempted crime of trafficking; the punishment of the accomplice in the
crime; and the person knowingly benefiting from services or benefits through the victim of
76
Jordanian Law No. 9 of 2009 on the Prevention of Trafficking in Persons and the Egyptian Law No. 64 of 2010 on Combating Trafficking
in Persons.
77
UAE Federal Anti Human Trafficking Law No. 51 of 2006.
78
Egypt Anti Human Trafficking Law No. 64 of 2010.
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