Report of the Bahrain Independent Commission of Inquiry

Chapter III — Relevant Aspects of the Legal System
and Description of the Enforcement Structures
government authorities powers and prerogatives even greater than those
granted under the Martial Law decree. 237
184. In light of the above, the Commission recommends that the
constitutionality of Royal Decree No. 18 of 2011 on the Declaration of a State
of National Safety be reviewed by the Supreme Constitutional Court.
185. The Commission also recommends that the legislative lacuna caused
by the absence of a statute stipulating and regulating the measures to be
undertaken during the application of a State of National Safety be addressed
by the passing of a statute on the matter, provided that such a statute remains
within the bounds of the Constitution and the international legal obligations of
Bahrain.
237 The powers set out under Royal Decree No. 18 of 2011 that exceed the powers granted
pursuant to Emiri Decree Law No. 27 of 1981 are as follows:
1. The State Security Courts referred to in Emiri Decree Law No. 27 of 1981
are composed of judges from ordinary courts. In exceptional cases, the
authorities responsible for enforcing martial law may appoint military judges
to serve on these State Security Courts, which continue to be presided over
by a civilian judge. The appointment of these judges is by consultation
between the Ministers of Defence and Justice. The National Safety Courts,
however, are presided over by a military judge, and their composition is
decided by the BDF Commander-in-Chief without consultation with any
civilian authorities.
2. Royal Decree No. 18 of 2011 assigned responsibility for initiating and
overseeing criminal proceedings at the National Safety Courts to the Military
Prosecution. There is no similar stipulation in Emiri Decree Law No. 27 of
1981.
3. Article 11 of Royal Decree No. 18 of 2011 states that the judgments of the
National Safety Courts are final and may not be appealed. This is unlike
article 12 of Emiri Decree Law No. 27 of 1981, which provides for the
establishment of a specialised bureau that is headed by a Supreme Civil
Appellate Court judge and includes a number of lawyers to review the
judgments of the State Security Courts, ensure the proper administration of
justice by these courts, and prepare a memorandum on these matters to the
authorities charged with enforcing martial law before the judgments of these
courts are ratified.
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