5. Reverting to the text included in the proposed law, it is palpable that it emerges in nebulous and imprecise formulation, given that it provides the judicial enforcement officers and precisely in the stage of gathering evidence a discretionary authority to arrest and refer to the public prosecution in the shadow of the absence of a clear and specific definition of the deed of (imitation), where such approach encourages the laying down of individual and personal standards for arresting persons (who imitate the opposite sex) through attire or movements or mode of speech or the external appearance of hair or the bodily constitution of the person, which is a matter that is inconsistent with general principles contained in the stipulations of legislation and criminal regulations, which demand adopting the principle of the legitimacy of punishment (there is no crime or punishment except through a law), in addition to the fact that it is one of the principles affirmed in Paragraph (a) of Article (20) of the Constitution, in addition to being one of the accepted principles affirmed by the international conventions relating to human rights, particularly the right to enjoy the guarantees of a fair trial, rather than merely the (prevailing custom) as stated by the explanatory memorandum of the proposed law. 6. Therefore, even though they constitute at times forms of imitation of the opposite sex, namely deeds that violate public order and morality in society necessitating punishment to prevent and deter committing them, nevertheless in other cases those deeds could be the consequence of physical or psychological factors which require the intervention of specialized medical practice to determine the psychological behaviors of individuals and their natural or acquired tendencies which in certain cases result from educational methods or social upbringing, or are the result of pathological cases necessitating medical intervention rather than the imposition of punishment. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ 7. Therefore, the conduct of (imitation of the opposite sex) could be the result of a pathological case where the person imitating the opposite sex requires referral to a specialized medical committee in order to define the case, and the extent to which those behavioral patterns could be considered as imitation or otherwise, as well as the method of dealing with those cases, whereby the totality of this would be evidence for the judge in accordance with his discretionary power to prescribe the suitable punishment or to refer the case to medical or psychological treatment in case required. 8. Based on the foregoing, it is the view of the NIHR that with all due respect to the principles and standards that the proposed law aims to achieve by adding a new article of number (350 repeated) to the Penal Code promulgated by an edict by virtue of Law Number (15) for 1976, including criminalizing all who imitate the opposite sex in any form whatsoever, given that it aims to create legislation which criminalizes the deeds and behaviors inconsistent with public order or Islamic Law, as a main source of legislation, the proposal (draft) in its current form is characterized by being amorphous and lacking in defining specifically the behavior of imitation of the opposite sex, and does not give due regard to the physical and psychological aspects which the imitating person may suffer from, which may require reformulation in accordance with the aforementioned considerations. 40