4. Subsequently, Clause “b” of Article 179, as amended, states that: “The travel ban shall expire in
any of the following events: 1. If the Plaintiff or in whose favor the order is issued fails to notify
the person against whom the travel ban order is issued, pursuant to Clause 2 of Article 178 of this
Law; 2,. If any of the two conditions required for the travel ban order is no longer satisfied; 3. If the
Defendant presents a guarantor acceptable to the court or a cash security estimated y the court to
guarantee the performance of the order that may be issued in the claim; 4. Upon the lapse of two
years from the date of the decision and it became final in the claim of the debt for which the travel
ban was issued, without submitting an application for enforcing the decision by the judgment
creditor to the enforcement court”.
5. At the level of international instruments; the right to freedom of movement and residence is
enshrined by the International Covenant on Civil and Political Rights, to which the Kingdom of
Bahrain acceded under Law No. 56 of 2006. Article 12 of the Covenant states that: “1. Everyone
lawfully within the territory of a State shall, within that territory, have the right to liberty of
movement and freedom to choose his residence; 2. Everyone shall be free to leave any country,
including his own; 3. The above-mentioned rights shall not be subject to any restrictions except
those which are provided by law, are necessary to protect national security, public order (ordre
public), public health or morals or the rights and freedoms of others, and are consistent with the
other rights recognized in the present Covenant; and 4. No one shall be arbitrarily deprived of the
right to enter his own country”.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
اﻧﺴﻨﺎم
ﻟﺤﻘﻮق
6. Article 13 of the International
Covenant
on Civilاﻟﻮﻃﻨﻴﺔ
and Politicalﻟﻠﻤﺆﺳﺴﺔ
Rights states that: “An alien lawfully
in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
of a decision reached in accordance with law and shall, except where compelling reasons of national
security otherwise require, be allowed to submit the reasons against his expulsion and to have his
case reviewed by, and be represented for the purpose before, the competent authority or a person
or persons especially designated by the competent authority”.
7.
To demonstrate this, the Human Rights Committee entrusted with the interpretation of the
provisions of the International Covenant on Civil and Political Rights, in its General Comment No.
27 28, refers to the need for any individual present lawfully in the territory of a State to have the right
to freedom of movement and choice of residence within the territory. It stresses that this right should
not be subject to any particular purpose for the individual looking for movement and residence,
and that any restrictions on this right must be consistent with the provisions of paragraph (3) of the
Covenant through a provision in the law, should be necessary to protect the national security, public
order, public health, morals or the rights and freedoms of others, and should be consistent with the
other rights recognized in the International Covenant. In addition, the State should ensure that this
right is protected from any interference, whether from public or private parties.
8. The Human Rights Committee further emphasized the inadmissibility of the requirement for the
freedom of the person to leave the territory of a country to be subject to any specific purpose or to
be dependent on the period chosen to stay outside the country. The individual’s right to determine
the country of destination is part of the legal guarantee. It is incumbent on the country of residence
and the country of nationality to enable the individual to enjoy the right to freedom of residence
and movement, through issuing the appropriate documentation of any kind for the purpose of
departure.
28
eneral Comment No. 27: Article 12 freedom of Movement - issued by the Human Rights Committee emanating from the International
G
Covenant on Civil and Political Rights - Sixty-seventh session (1999) - Document No. (CCRR / 21 / Rev.1 / Add.9 ).
92