State Security Law in Bahrain
Following Bahrain's independence from the British in 1971, the government of Bahrain embarked on an extended period of political suppression under a 1974 State Security Law shortly after the adoption of the country's first formal Constitution in 1973. Overwhelming objections to state authority resulted in the forced dissolution of the National Assembly by Amir Isa bin Salman Al Khalifa and the suspension of the Constitution until 2001. The State Security Law of 1974 was a law used by the government of Bahrain to crush political unrest from 1974 until 2001. It was during this period that the worst human rights violations and torture were said to have taken place. The State Security Law contained measures permitting the government to arrest and imprison individuals without trial for a period of up to three years for crimes relating to state security. A Decree subsequent to the 1974 Act invoked the establishment of State Security Courts, adding to the conditions conducive to the practice of arbitrary arrest and torture. The deteriorating human rights situation in Bahrain was reported to have reached its height in the mid-1990s when thousands of men, women and children were illegally detained, reports of torture and ill-treatment of detainees were documented, and trials fell short of international standards.
Reports from international human rights organizations like Human Rights Watch and Amnesty International reveal that throughout its implementation, the State Security Law facilitated the use of routine torture of political prisoners and perpetuated substantial human rights violations for nearly 25 years. In 2001, Bahrain's current Chief of state, King Hamad bin Isa Al Khalifa abolished the law and declared Bahrain a constitutional monarchy following a national referendum.
Decree Law on State Security Measures
Issued at Rifaa' Palace on 7 Shawwal 1394 :Article 1
If there is serious evidence that a person has perpetrated acts, delivered statements, exercised activities, or has been involved in contacts inside or outside the country, which are of a nature considered to be in violation of the internal or external security of the country, the religious and national interests of the State, its social or economic system; or considered to be an act of sedition that affects or can possibly affect the existing relations between the people and Government, between the various institutions of the State, between the classes of the people, or between those who work in corporations propagating subversive propaganda or disseminating atheistic principles; the Minister of Interior may order the arrest of that person, committing him to one of Bahrain's prisons, searching him, his residence and the place of his work, and may take any measure which he deems necessary for gathering evidence and completing investigations.The period of detention may not exceed three years. Searches may only be made and the measures provided for in the first paragraph may only be taken upon judicial writ.
Anyone arrested under the provisions of the first paragraph may submit a complaint against the arrest order, after the expiry of three months from the date of its execution, to the Supreme Court of Appeal. The complaint is renewable at the end of every six months from the date of the decree rejecting the complaint.
Article 2
The proceedings of the Court shall always be held in camera and shall only be attended by the prosecution, the complainant and his representative. The proceedings shall be held at the headquarters of the Supreme Court of Appeal. They may be held elsewhere within or outside Manama, if the Court deems it necessary for the maintenance of the security of the country or for considerations of public policy.Article 3
The court, without observing the procedures stipulated in the Law of Criminal Procedures, may lay down the procedures to be followed by it when it considers the complaints, taking the following into account:- It shall issue its judgment on the basis of the documents submitted by the prosecution and the complainant.
- The arguments submitted to the Court, whether by the prosecution or by the defence, shall be in writing.
- For the sake of evaluating the evidence and forming its opinion, the Court may require the prosecution to furnish additional reports from those who took part in gathering the evidence provided that this shall be limited to persons other than those whose names, residences and places of work are considered to be secret and are not permitted to be disclosed in the interests of the State.
- It will be sufficient for the defence witnesses of the complainant to present depositions including information concerning the points which the complainant wishes the witnesses to clarify. The Court may refuse to request depositions from the defence witnesses of the complainant if it is of the opinion that the depositions required from them are irrelevant to the event in question. A decision on the complaint may not be postponed because of any delay by these witnesses in presenting their depositions.
- The documents and reports furnished by the prosecution shall be delivered to it in a sealed envelope following the issuance of the Court's judgment. These may not be requested with regard to a new complaint unless there is something new that necessitates viewing them and this shall be permitted by an order of the Court.
- Minutes of the proceedings shall be written in one copy. They may not be reproduced or photocopied and, together with the documents of the defence and prosecution as well as the depositions of witnesses, shall be confidential. Following the issuance of the judgment regarding the complaint, they shall be deposited in the cabinet of the Court after they are placed inside a sealed envelope stamped with the seal of the President of the Court which has considered the complaint. It shall be prohibited to open that envelope or to withdraw it from the cabinet except upon a decree by the Court when it is necessary to view it in connection with another complaint. In such a case, a verbatim record of the procedures followed shall be drawn up, in which the condition of the envelope shall be indicated. Then it shall be resealed according to the above-mentioned procedures and deposited in the cabinet after the complaint has been considered. The same procedures shall be followed with regard to every complaint.
- The Minister of Interior shall be informed of the judgment of the Court as soon as it is pronounced, through a copy of the document containing the judgment.
Article 4
Article 5
The Minister of Interior may, at any time, order the release of a person in respect of whom an arrest order was previously issued in application of the provisions of this law. The detained person shall be released in any case on the last day of the three years referred to in Article one.Article 6
All persons who are committed to specified prisons in implementation of detention order issued pursuant to Public Security Order No.1 are considered to be detained under this law and the dates for the submission of complaints are applicable to them; they are entitled to submit such complaints from the date on which this law comes into effect.Article 7
The Public Security Law of 1965, the Declaration issued on the 22nd of April 1965 and Public Security Order No.1 are hereby repealed.Article 8
A new paragraph shall be added to Article 79 of the Law of Criminal Procedures, the text of which is as follows:For crimes detrimental to the security of the State, whether they originate inside the State or outside it, which are stipulated in the Penal Code, the detention order shall be for an unspecified period. The person whose detention has been ordered may submit a complaint against the detention to the authority issuing the warrant if one month has elapsed after the issuance of the warrant. The complaint is renewable one month after the decree rejecting the complaint has been issued.
Article 9
The Minister of Interior shall implement this Law, which shall take effect from the date of its publication in the Official Gazette.Signed by
Emir of The State of Bahrain ;
Prime Minister ;
Minister of Interior.
History
The State of Bahrain gained full independence from the British in 1971 and was governed by the Amir, Isa bin Salman Al Khalifa. The Al Khalifa's were of a Sunni minority ruling over a predominantly Shia majority population. In 1972, the Amir issued a decree calling for the establishment of a Constitutional Assembly in charge of promulgating the country's first constitution. The 22-member body completed a constitution in June 1973, which called for the establishment of a 30-member elected National Assembly and national elections in November of that same year.The political détente between the Al Khalifa family and the disparate forces of civil society unraveled just two years later. The role of the National Assembly was short-lived, and convened for only two sessions before it was forcibly dissolved by the Amir in 1975 for refusing to ratify the Decree Law on State Security Measures, which allowed the arrest and detention of up to three years without trial of anyone suspected of posing a threat through undefined “acts” or “statements” to Bahrain's internal or external security. When asked why the National Assembly had been disbanded, Minister of Information Muhammad Ibrahim al-Mutawa’a replied that “it hindered the government” and that it would be restored “once we feel that we need it, when it is suitable for our society and development.”
The State Security Law was implemented by force along with a decree that postponed elections of the National Assembly, suspended 40 constitutional articles pertaining to the National Assembly, and transferred legislative powers to the Amir and his Council of Ministers. Subsequently, no new elections were held for the National Assembly which remained dissolved for 27 years until 2001 when a new constitution was drafted under the auspices of the Amir's successor, and current King of Bahrain Hamad bin Isa Al Khalifa.
The Amir's unchecked authority by the National Assembly gave him liberty to appoint members of the Al Khalifa family to key political positions in the Bahraini government, including Prime Minister, and the ministers of Interior, Defense, Foreign Affairs and Justice. Political parties were illegal, and although the constitution guaranteed basic human rights, new decrees that undermined the authority of the constitution severely limited freedoms of speech, religion, press, rights to public and private assembly, and rights of persons deprived of liberty. The State Security Law along with Amiri Decree No. 7 of 1976 established a State Security Court where most due process protections were absent and violated human rights standards of the Universal Declaration of Human Rights, as well as domestic codes in Bahrain's own legislation, like its 1966 Code of Criminal Procedure.