The Judiciary of Bahrain is the court system of
Bahrain
Bahrain ( ; ; ar, البحرين, al-Bahrayn, locally ), officially the Kingdom of Bahrain, ' is an island country in Western Asia. It is situated on the Persian Gulf, and comprises a small archipelago made up of 50 natural islands and an ...
. It is divided into three branches: the Civil Law Courts, the Criminal Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, as well disputes related to the
personal status
Legal status is the status or position held by an entity as determined by the law. It includes or entails a set of privileges, obligations, powers or restrictions that a person or thing has as encompassed in or declared by legislation.
Jack Balki ...
of non-Muslims. The Shari’a Law Courts have jurisdiction over all issues related to the personal status of Muslims.
Judges of the middle and lower courts are nominated by the Bahrain Supreme judicial council and appointed by decree by the
king of Bahrain
The King of the Kingdom of Bahrain ( ar, ملك مملكة البحرين) is the monarch and head of state of Bahrain. The House of Khalifa has been the ruling family since 1783. Between 1783 and 1971, the Bahraini monarch held the title of ha ...
. The Supreme Judicial Council, chaired by the
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
, appoints the members of the Constitutional Court.
To secure renewal of these contracts, judges may be prone to consider it necessary to take decisions not unfavourable to the wishes or interests of the Government.
History
The first regular court in Bahrain was established in 1922. The judiciary was divided into a civil judiciary and a Shariat judiciary.
The highest courts are: Court of Cassation (consists of the chairman and 3 judges); Supreme Court of Appeal (consists of the chairman and 3 judges); Constitutional Court (consists of the president and 6 members); High Sharia Court of Appeal (court sittings include the president and at least one judge).
Court of Cassation
The Court of Cassation was established in 1989 as a supreme court of appeal. It serves as the final court of appeal for all civil, commercial, and criminal matters.
The judges for the court are appointed and removed by
royal decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for ...
. The current
Chief Justice of Bahrain and president of the Court of Cassation is Khalifa bin Rashid Al Khalifa, a cousin of
King Hamad
Hamad bin Isa bin Salman Al Khalifa ( ar, حمد بن عيسى بن سلمان آل خليفة '; 28 January 1950) is King of Bahrain since 14 February 2002, after ruling as Emir of Bahrain from 6 March 1999.
He is the son of Isa bin Salman ...
and the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, and a member of the
Al Khalifa
The House of Khalifa ( ar, آل خليفة, translit=Āl Khalīfah) is the ruling family of the Kingdom of Bahrain. The Al Khalifas profess Sunni Islam and belong to the Anizah tribe, some members of this tribe joined the Utub alliance which m ...
ruling family of Bahrain.
National Safety Court
The National Safety Court ( ar, محكمة السلامة الوطنية) is a special military court that was set up in March 2011 to try protesters, opposition leaders, rights activists, and people who supported or are perceived as supporting the
Bahraini uprising.
A military judge presides over the court, along with two civilian judges, all of them appointed by the
Bahrain Defence Force
The Bahrain Defence Force (BDF) is the military force of the Kingdom of Bahrain. The Bahrain Defence Force is under direct command and leadership of a commander-in-chief who holds the rank of field marshal. The Government has a Minister of Def ...
commander-in-chief, Marshal Khalifa bin Ahmed Al Khalifa,
a cousin of
King Hamad
Hamad bin Isa bin Salman Al Khalifa ( ar, حمد بن عيسى بن سلمان آل خليفة '; 28 January 1950) is King of Bahrain since 14 February 2002, after ruling as Emir of Bahrain from 6 March 1999.
He is the son of Isa bin Salman ...
and the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, and a member of the
Al Khalifa
The House of Khalifa ( ar, آل خليفة, translit=Āl Khalīfah) is the ruling family of the Kingdom of Bahrain. The Al Khalifas profess Sunni Islam and belong to the Anizah tribe, some members of this tribe joined the Utub alliance which m ...
royal family. The cases are prosecuted by the military public prosecutor Colonel Yousef Rashid Flaifel.
The National Safety Court has been heavily criticized by international human rights organizations for trying civilians in a military court and for the lack of transparency and due process.
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
has described the court as a "travesty of justice", while
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
has described it as a "sham"
and "a parody of justice."
In June 2011,
King Hamad
Hamad bin Isa bin Salman Al Khalifa ( ar, حمد بن عيسى بن سلمان آل خليفة '; 28 January 1950) is King of Bahrain since 14 February 2002, after ruling as Emir of Bahrain from 6 March 1999.
He is the son of Isa bin Salman ...
announced that all trials related to the protests would be transferred from the National Safety Court to the normal civilian courts. However he backtracked on August 18 issuing a decree which makes it clear that the new measures do not apply to all arrested protesters.
See also
*
Law of Bahrain
The Law of Bahrain is set out in its constitution. Several controversial laws have been passed in the history of the country. The State Security Law of 1974, for example, was used by the government to crush political unrest from 1974 until 2001. ...
*
Constitution of Bahrain
Bahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.
1973 Constitution
The constitution of 1973 was written shortly after Bahrain's independence from Britain in 1971. In 1972, ...
References
Further reading
*
{{Judiciaries of Asia
Law of Bahrain