5. NIHR clarified in its consultative opinion that the essence of the amendment mentioned in the
provisions of the above two stipulations is for purpose of augmenting the determined penalties
or creation of other criminalized acts. In addition, the augmentation adopted by the Decree-byLaw in the crimes is for purposes and objectives represented in establishing a case of security
and social stability and deterring from the commission of such type of crimes. This augmentation
doesn’t influence the enjoyment of the individuals with their basic rights and freedoms and doesn’t
prejudice or breach the human rights as stipulated in the International human rights instruments
of relevance.
6. Regarding Article No. (26), the Decree-by-Law state that “A prosecution called “terrorist crimes
prosecution” shall be established and the members thereof shall be appointed upon proposal of
the prosecutor, which shall be competent with investigating the crimes stipulated herein. Such
prosecution shall be empowered to issue an order of rending in custody by the Attorney General
or whoever acts for him for a period or for successive periods not exceeding sixty months in total”.
NIHR considers that the stipulation mentioned in the above Decree -by-Law deals with establishing
a prosecution competent with examining the terrorist crimes within the organizational structure of
the Public Prosecution, and this is a procedure of an administrative and organizational form. NIHR
confirms that such stipulation provided that the appointment of members of the terrorist crimes
prosecution shall be by virtue of a (Royal Order) to ensure the independency of the work thereof.
Thereupon, the amendment mentioned in the above Decree-by-Law does not prejudice or breach
the human rights as stipulated in the International human rights instruments of relevance.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
اﻟﺒﺤﺮﻳﻦ
ـ2015state
ﻟﻌﺎم
7. Regarding Article
No. (27), ﻣﻤﻠﻜﺔ
the Decree-by-Law
that “If sufficient evidence is available for
indictment of a person of committing one of the crimes provided for in this law, the judicial arrest
officer shall be empowered to detain the accused for a period not exceeding twenty-eight days. The
judicial arrest officer shall hear the statements of the arrested accused and shall refer him to the
terrorist crimes prosecution upon the expiry of the period referred to in the preceding Paragraph.
The Public Prosecution should interrogate him within 3 days from the date of his reference thereto
and then shall order his detention in custody or his release”. NIHR considered that the amendment
mentioned in the above Decree-by-Law grants the judicial arrest officer (police) the power of
arresting the accused in the crimes subject to the provisions of the law subject matter of discussion
for period not more than (28) days. By reference to provisions of Article No. (9), item (3) of the
International Covenant on Civil and Political Rights that the Kingdom of Bahrain joined according
to Law No. (56) of 2006; such Article stipulated that it is necessary that “Anyone arrested or detained
on a criminal charge shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released.”10
10
ursuant to its accession to the International Covenant on Civil and Political Rights, Kingdom of Bahrain shall be obligated according to
P
article No. (40) thereof to present periodic reports on the measures taken, which represent the implementation of the recognized rights,
show the progress achieved in enjoying such rights; especially, the extent of suitability of the valid national legislations thereof to the provisions of the international covenant.
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