Bahrain gives military courts greater authority to try terror cases

With a sweeping majority Bahraini lawmakers recently passed a constitutional amendment that grants military courts greater authority to try terrorism cases involving civilians that pose a threat to the national interest.

The constitutional amendment -- the second of its kind in Bahrain’s history -- easily cleared the 27 votes, or two-thirds majority, it required to pass in the Shura Council and the House of Representatives.

Approved in early March, "the constitutional amendment granted military courts greater authority to combat and root out terrorism", said Salman Nasser, head of the Human Rights Activists Group in Bahrain.

The legislation was introduced as a means to deter terror crimes and crack down on cells that receive cross-border support and funding from Iran, which have become a threat to Bahraini security forces, he told Al-Mashareq.

The constitutional amendment "is justified because the national interest requires the introduction of legislation that preserves national gains and protects society from terrorist plots", Nasser said.

The amendment "pertains to grave terrorist acts", he said, adding that this will serve to reassure the public as 19 of the kingdom's security personnel have lost their lives as they served their country after being targeted by attackers.

A further 4,000 security personnel have been wounded while on duty, he said.

Militia and terror group elements who commit hostile acts cannot be considered civilians and must therefore be tried in military courts, Nasser said.

The sweeping approval of the amendment reflects the popular consensus in Bahrain on strengthening national security and combating terrorism, said Legislation and Legal Fatwa Authority chairman Abdullah al-Buainain.

The amendment will be confined to grave terrorist crimes that threaten the security of society, and to attacks that target the facilities, personnel, agencies and interests of the Bahraini Defence Forces and National Guard, he said.

Expanded constitutional authority

The amendment "expanded the constitutional authority of the military courts to protect society from acts of terrorism", said former Shura Council member Farid Ghazi, who chairs the National Institute for Human Rights' committee on economic, social and cultural rights.

Bahrain is not the first country to move towards introducing such an amendment, he told Al-Mashareq, as it has been incorporated into the constitutions of a number of Arab and foreign countries.

The amendment "is based on the view that society must be protected, and was introduced with the approval and acceptance of the community and also in response to the royal will", he added.

"The new constitutional amendment will take into account the restrictions applicable to terrorist crimes in conformity with human rights charters that guarantee the right to defence counsel and rights of the accused in this regard, without prejudice to a fair trial," Ghazi said.

"The crimes classified as terrorism are no longer minor crimes and are rather complex because they are connected to foreign intelligence agencies," he said.

It became necessary to reclassify these crimes and refer them to more specialised courts, such as military courts, he added.