Shura Council approves military trial for civilians

Manama : The Shura Council yesterday passed an amendment to Article 105 of the Constitution granting military courts the right to try civilians involved in terror and armed crimes.

The discussion  on the amendment consumed most of the weekly session of the Shura Council. The house finally passed the amendment unanimously.The  amendment  was earlier passed by the Legislative Authority (Representatives and Shura Councils) on February 21 after it was referred by the Cabinet following Royal Decree (7/2017).

The amendment stipulates the replacement of item B of Article 105 in the Constitution, 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 new change replaces 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.”

During the discussion, the Justice, Islamic Affairs and Endowments Minister Shaikh Khalid bin Ali Al Khalifa said the amendment is necessary considering the current security challenges witnessed by the Kingdom and is important to maintain its peace, security and stability”.

 “The acts of individuals who commit hostile actions under the banner of militias or groups are considered military acts and not civilian,” Shaikh Khalid said during the discussion.

“The ordinary concept of war has evolved and we’re now facing the fourth generation of wars, which saw the advancement of the works of armed militias and groups. The terrorist acts of these groups are targeting lives and properties. In addition to that, they’re now receiving combat training. This should be challenged with the appropriate and advanced legislations and laws,” Shaikh Khalid said.

 “In such circumstances, military judges are the most suitable to judge these cases. The military judiciary is more capable of understanding military acts. Civilians will not be prosecuted by military courts, but those involved in acts of terror and risk people’s lives will,” he added.

Shaikh Khalid said it has become necessary to develop legislative tools to contribute to maintaining the homeland’s security and stability, stressing Bahrain’s keenness on promoting human rights in various fields consistent with the international conventions signed in the same areas. 

He explained that military courts are run by a qualified judicial cadre of equal importance to civilian court judges. They are public courts which respect procedural guarantees and follow the principle of litigation, noting the authority of the military court of cassation. 

He pointed out the need for entering amendments to the constitution, for the old constitutional articles do not allow the state to face the armed groups, in case they carry out acts of assault, unless the state of martial law is declared.