University of Bahrain

Legal Clinic
HRLC107

Human Rights and its Application in

Kingdom of Bahrain
 Part 2:

Civil and Political Rights

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 Civil and Political Rights

Right in Liberty Right to

Right to Life
and Security Movement

Freedom of
Right to Freedom of
Thought,
Association and Opinion and
Conscience and
Assembly Expression
Religion or Belief

Fair Trial Rights Political Rights Right to Privacy

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1. Right to Life

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 Right to Life
According to Articles 6 and 7 of the ICCPR

• Every human being has the inherent right to life.

• This right shall be protected by law.
• No one shall be arbitrarily deprived of his life.
• No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
• No one shall be subjected without his free consent to
medical or scientific experimentation.

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 Bahraini Constitution -Article 19

d. No person shall be subjected to physical or mental torture, or

inducement, or undignified treatment, and the penalty for so doing shall
be specified by law. Any statement or confession proved to have been
made under torture, inducement, or such treatment, or the threat thereof,
shall be null and void.

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 Death Penalty (Restrictions)
To maintain the right to life, countries which have not abolished the death penalty should take into
consideration the following conditions while applying the sentence of death:
1. Sentence of death may only be imposed only for the most serious crimes in accordance with the law in force
at the time of the commission of the crime.
2. Sentence of death should not contrary to the provisions of the present Covenant and to the Convention on the
Prevention and Punishment of the Crime of Genocide.
3. The penalty can only be carried out pursuant to a final judgment rendered by a competent court.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty,
pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen (18) years of age.
6. Sentence of death shall not be carried out on pregnant women.

Note: Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any
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State Party to the present Covenant.
 Right to Life

Controversial Issues

• Criminalizing murder or wrongful death

• Death penalty
• Prohibition to suicide
• Prohibiting War
• Prohibiting Abortion
• Prohibiting Terrorism

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 The protection of the right to life requires:

• Providing medical care for people so that their

right of life is maintained and to provide food,
water as well as a clean environment.

• Prohibiting the taking of life of others without

legal excuse.

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 Right to Life – According to the National Laws of the
Kingdom of Bahrain

• The Penal Code promulgated by Decree

Law No. 15 of 1976, as amended,
includes provisions that ensure the
protection of the human rights to life
and the right to physical and moral
integrity.
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Right to Security of the Person and .2
Freedom from Arbitrary Detention

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Right to Security of the Person and Freedom from
Arbitrary Detention

• Everyone has the right to liberty and security of person.

• No one shall be subjected to arbitrary arrest or detention.
• No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are
established by law.

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 Conditions for Deprivation of Liberty
• Prescribed by law and accordance to lawful procedures.
• Reasonable and legal reasons for detention.
• Protection of public good.
• Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against
him.
• 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 release.
• Anyone who has been the victim of unlawful arrest or detention shall have
an enforceable right to compensation.

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Right to Security of the Person and Freedom from Arbitrary
Detention

Human treatment
No arbitrarily use Right to
for individuals in
of power compensation
detention

Lawfulness of the
reason of Access to justice
detention

Reasons for the

Judicial review
Arrest

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 Article 19 [Personal Freedom] of Bahraini Constitution

a. Personal freedom is guaranteed under the law.

b. A person cannot be arrested, detained , imprisoned or searched, or
his place of residence specified or his freedom of residence or
movement restricted, except under the provisions of the law and
under judicial supervision.

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 The Bahraini Penal Code issued by Decree Law No. 15/1976
1. Criminalized acts of enforced disappearance, particularly those committed by civil servants.
2. Article (357) provides that “A prison sentence shall be the penalty for any person who arrests another, detains him or deprives him in any
illegal manner of his freedom: Imprisonment shall be the penalty in any of the following cases:
1. If the act is committed by falsely assuming an official capacity or alleging to be undertaking or entrusted with a public service or if the
offender gives himself a false description.
2. If the act is accompanied by the use of force or threat to commit murder, bodily harm or act of physical or mental torture.
3. If the act is committed by two persons or more or by one person carrying a weapon.
4. If the period of arrest, detention or deprivation of liberty is more than one month.
5. If the purpose or the act is to make pecuniary gains, revenge raping the victim or committing a sexual assault.
6. If the act is committed against a public servant during, by reason of or as a result of discharging his duties. “

3. Article (358) of the aforementioned Decree Law criminalised (Kidnapping) by any means, and the penalty can reach imprisonment for ( no
more than 10 years), it states that:
“A prison sentence for a period of no more than 10 years shall be the penalty for anyone who kidnaps a person either personally or though others. The
punishment shall be imprisonment if the victim is a female. If the kidnapping takes place by an act of deceit or if any of the conditions set forth in the
preceding Article is fulfilled, this shall be regarded as an aggravating circumstance.”
3. Freedom of Thought, Conscience and
Religion or Belief

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Freedom of Thought, Conscience and Religion or Belief

This right protects a wide range

of non-religious beliefs
including atheism, agnosticism,
veganism and pacifism.

Public authorities cannot stop

you from practicing your
religion, unless for the
maintenance of public order.

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 Are There Any Restrictions to This Right?
• Public authorities cannot interfere with your right to hold or change
your beliefs, but there are some situations in which public authorities
can interfere with your right to manifest or show your thoughts,
belief and religion. This is only allowed where the authority can
show that its action is lawful, necessary and proportionate in order to
protect:
• Public safety
• public order
• health or morals
• the rights and freedoms of other people

Action is ‘proportionate’ when it is appropriate and no more than necessary to

address the problem concerned.
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4 .Freedom of Movement

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 Freedom of Movement
ICCPR Article 12 states:

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.

Everyone shall be free to leave any country, including his own.

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
(order public), public health or morals or the rights and freedoms of others, and are
consistent with the other rights recognized in the present Covenant.

No one shall be arbitrarily deprived of the right to enter his own country.

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 Freedom of Movement

Everyone has the right to liberty of movement

Lawfully To choose
within the his
territory residence.

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 Limitations on freedom of Movement

Rights and
National
Public order Public health Morals freedoms of
security
others

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Article 19 [Personal Freedom] of the Bahraini Constitution

b. A person cannot be arrested, detained, imprisoned or searched,

or his place of residence specified or his freedom of residence or
movement restricted, except under the provisions of the law and
under judicial supervision.

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5 .Freedoms of Opinion and Expression

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Freedoms of Opinion and Expression

1 - Freedom of opinion and freedom of expression are indispensable

conditions for the full development of the person.

2- They are essential for any society. They constitute the foundation
stone for every free and democratic society.

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 3. The freedoms of opinion and expression form a basis for the full
enjoyment of a wide range of other human rights. For instance, freedom
of expression is integral to the enjoyment of the rights to freedom of
assembly and association, and the exercise of the right to vote.

4. States parties to the First Covenant are required to ensure that the
freedoms of opinion and expression rights t are given effect in the
domestic law of the State, in a manner consistent with the agreed First
International Covenant.

5. Freedom of opinion requires protection of the right to hold opinions

without interference. This is a right to which the Covenant permits no
exception or restriction. Freedom of opinion extends to the right to
change an opinion whenever and for whatever reason a person so freely
chooses.

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 6. The right to freedom of expression requires the States parties to
guarantee such a right , including the right to seek, receive and impart
information and ideas of all kinds regardless of frontiers. This right
includes the expression and receipt of communications of every form
of idea. The right to expression, contrary to the freedom of opinion,
can be restricted in order to protect the rights and freedoms of other
people.

7. Means of expression include books, newspapers, pamphlets, posters,

banners, dress and legal submissions. They include all forms of audio-
visual as well as electronic and internet-based modes of expression.

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 Political Rights
• The right to vote and the right to contest for elections are one of the
most important civil and political rights, and one of the pillars of
democratic rule where the people are the source of all powers. The
existence of a transparent and fair electoral process is considered one
of the most important guarantees for a country governed by the rule of
law, and the absence of this right or impeding the enjoyment of
exercising this right diminishes the legal elements of such country.

• [Source: Working paper on: The role of National Institution for Human Rights in promoting and protecting the right to vote and the right to contest for elections in the Kingdom of Bahrain,
Submitted by: Mr. Farid Ghazi Jassim Rafie, Member of the NIHR's Council of Commissioners, Chairperson of the Committee on Economic, Social and Cultural Rights in workshop on the role 29
of National Institution for Human Rights in monitoring elections 13 - 15 March 2016]
 The Constitution of the Kingdom of Bahrain stipulates very
clearly in Article 1 (e) that:

Citizens, both men and women, are entitled to participate in

public affairs and may enjoy political rights, including the
right to vote and the right to contest for elections, in
accordance with the present Constitution and the conditions
and principles laid down by law. No citizen can be deprived of
the right to vote or to contest for elections except by law.

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The Bahraini legislator sets legislations that include detailed
rules governing the exercise of the right to vote. According to
which, the voter should:-
1. Have reached 20 years of age on the Referendum or Elections Day.
2. Be legally competent.
3. Be residing normally in the constituency as per the identity card, and in case
he is residing abroad, then his last residency in the Kingdom of Bahrain will
be his constituency. If he had no residency in the Kingdom, then the
residency of his family will be considered.
4. Have not been sentenced in a felony, an honor or a fidelity crime unless
rehabilitated.
5. Have not been sentenced to jail in any of the elections crimes provided in the
Law by Decree no. (14) for 2002 regarding the Practice of Political Rights,
unless the sentence was suspended or the convicted was rehabilitated.
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6. Right to Fair Trial

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 Right to Fair Trial
As a minimum the right to fair trial includes the following fair trial
rights in civil and criminal proceedings:

• Right to be heard by a competent, independent and impartial

tribunal/court.
• Right to a public hearing.
• Right to be heard within a reasonable time.
• Right to counsel.
• Right to interpretation/translation.
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 Right to Privacy
• ICCPR Article 17 states:

-No one shall be subjected to arbitrary or unlawful interference with his

privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation.
- Everyone has the right to be protected by the law against such
interference or attacks.

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• Thank you
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