Move to give more powers to military court

Manama : The military court is likely to be granted more powers if a constitutional amendment is passed by the Council of Representatives and Shura council - the legislative authority.

The MPs held an extraordinary meeting yesterday to discuss the proposal referred to them by the Government to amend Article 105 of the constitution.

The proposal, which was initially referred to the Cabinet by a Royal Decree (7/2017), stipulates the replacement of item B of the article, which instructs that “the jurisdiction of military courts shall be confined to military offences committed by members of the Defence Force, the National Guard, and the Security Forces. It does not extend to other persons except when martial law is declared and within the bounds prescribed by law”.

The proposed amendment will replace the existing text with, “the law regulates the military judiciary and shows its competence in each of the Defence Force, the National Guard and the Public Security.” The MPs yesterday referred the proposal to the council’s Legislative and Legal Affairs Committee for more discussion. 

Asked if the amendment would allow the military court to prosecute civilians, the committee’s Chairman Mohammed Milad told DT News that the members of both the councils would meet representatives of military authorities to clarify more on the amendment.

The MP confirmed that Bahrain Defence Force (BDF)  Commander-in-Chief Field Marshall Shaikh Khalifa bin Ahmed Al Khalifa, along with senior officials, will meet today the chairmen of the Representatives and Shura Councils, their first and second deputies, and members of the legislative and legal affairs committees in both councils to further discuss the proposal.

The explanatory memorandum that was referred by the government along with the proposal said: “Military judiciary authorities in each of the BDF, the National Guard and Public Security are considered among the main judicial authorities in Bahrain. They are concerned with following up the judicial and legal affairs of its members from the military and the like, particularly with respect to criminal proceedings. There’s no doubt that the establishment of these authorities is not limited to only follow up on these cases as far as the primary objective of maintaining the privacy of military authorities and the confidentiality of information, as they are the armour of the Kingdom of Bahrain.”

The memorandum also read, “This comes, considering the crisis experienced by the GCC and the Arabian regions as a whole.”

Widening the jurisdiction

• Proposal to amend Article 105 of the Constitution

• Amendment to replace item  B of the Article 105 with new text 

• The new text to give more jurisdiction  to military court

• Members of Legislative and Legal Affairs Committee of both the councils to discuss the

•  proposal ahead of the amendment