8. The “Human Rights Committee” entrusted with interpreting the provisions of the international
covenant on the occasion of commenting on the stipulation of Article No. (9), item (3) that: “it
shall be considered in case of arresting or detaining any person in the criminal cases that he has be
referred immediately to a judge or an officer legally authorized to practice the judicial power. In
most member states, the law sets forth more accurate time limits and the committee thinks that the
delay may not exceed few days.” 11
9. Regarding Article No. (28), the Decree-by-Law stated that “Information submitted by the security
sources regarding the crimes provided for in this Law shall remain confidential with the Terrorist
Crimes Prosecution. Such information shall not be disclosed nor shall the names of their providers
be divulged without prejudice to the provisions of Article (61) of the Criminal Procedure Law.”NIHR
considers that the stipulation mentioned in the Decree-by-Law above is to apply the confidentiality
feature to all information submitted by the security sources in relation to the crimes provided for.
However, the stipulation mentioned in the original law limits such information to what is presented
to procure extension for the detention period. This issue is required by the interrogation interest in
all aspects thereof and NIHR confirms, at the same time, that the accused shall be entitled to allow
his lawyer to review such information. Thereupon, the mentioned amendment doesn’t prejudice or
breach the human rights as stipulated in the International human rights instruments of relevance.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
10. Article Two of Decree-by-Law stipulated that “The phrase “Terrorist Crimes Prosecution” shall
be replaced with the phrase “Public Prosecution” wherever mentioned in Law No. (58) of 2006 on
Society Protection from the Terrorist Acts.” is a creation required ordinarily, after establishing a
specialized prosecution under the name “Terrorist Crimes Prosecution”, which is competent with
investigation in such crimes and the meaning thereof is related.
11. A
rticle Three of the Decree-by-Law stipulated a new Article No. (2 bis) which stated that “Provisions
hereof shall be applicable to each citizen of foreigner committed an act outside Kingdom of Bahrain,
which causes him to be actor or participant in one of the crimes provided for herein.” NIHR finds
this stipulation is a creation with purpose of applying the provisions of this law to each citizen or
foreigner who commits any act outside the regional borders of the Kingdom of Bahrain, according
to which he is actor or participant in one of the crimes provided for in this law. The purpose of such
creation is to protect the external security of Kingdom of Bahrain. Therefore, the creation of such
stipulation does not prejudice or breach the human rights as stipulation in the International human
rights instruments of relevance.
10
eneral comment No. (8), article (9) right of the individual to the freedom and security personally – issued by the Human Rights
G
Committee – Document No. (HRI/GEN/1/Rev.9 (Vo1.I)) – page 182.
30