Judiciary of Bahrain
Encyclopedia
The Judiciary of Bahrain is the court system of Bahrain
. It is divided in to two branches: the Civil Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, and criminal cases, as well disputes related to the personal status 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 Ministry of Justice and appointed by decree by the prime minister
. The Supreme Judicial Council, chaired by the King
, appoints the members of the Constitutional Court.
Many of the high-ranking judges in Bahrain are either members of the ruling family
or non-Bahrainis (mainly Egyptians) with 2-year renewable contracts. 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.
. The current Chief Justice
of Bahrain and president of the Court of Cassation is Khalifa bin Rashid Al Khalifa, a cousin of King Hamad and the prime minister, and a member of the Al Khalifa
ruling family of Bahrain.
. A military judge presides over the court, along with two civilian judges, all of them appointed by the Bahrain Defence Force commander-in-chief, Marshal Khalifa bin Ahmed Al Khalifa, a cousin of King Hamad and the prime minister, and a member of the Al Khalifa
royal family. The cases are prosecuted by the military public prosecuter 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
has described the court as a "travesty of justice", while Amnesty International
has described it as a "sham" and "a parody of justice."
In June 2011, King Hamad 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.
Bahrain
' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
. It is divided in to two branches: the Civil Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, and criminal cases, as well disputes related to the personal status 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 Ministry of Justice and appointed by decree by the prime minister
Prime Minister of Bahrain
In Bahrain, the Prime Minister is the head of government of the country. According to the Constitution of Bahrain, the Prime Minister is appointed directly by the King, and needs not be an elected member of the Council of Representatives....
. The Supreme Judicial Council, chaired by the King
King of Bahrain
The King of Bahrain is the monarch and head of state of Bahrain. Between 1783 and 1971, the Bahraini monarch held the title of Hakim, and, from 1971 until 2002, the title of Emir...
, appoints the members of the Constitutional Court.
Many of the high-ranking judges in Bahrain are either members of the ruling family
Al Khalifa
The Al Khalifa family is the ruling family of Bahrain. The Al Khalifa profess Sunni Islam and belong to the Anizah tribe that migrated from Najd to Kuwait in the early 18th century. They are also from the Utub tribe...
or non-Bahrainis (mainly Egyptians) with 2-year renewable contracts. 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.
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 decreeKing of Bahrain
The King of Bahrain is the monarch and head of state of Bahrain. Between 1783 and 1971, the Bahraini monarch held the title of Hakim, and, from 1971 until 2002, the title of Emir...
. The current Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of Bahrain and president of the Court of Cassation is Khalifa bin Rashid Al Khalifa, a cousin of King Hamad and the prime minister, and a member of the Al Khalifa
Al Khalifa
The Al Khalifa family is the ruling family of Bahrain. The Al Khalifa profess Sunni Islam and belong to the Anizah tribe that migrated from Najd to Kuwait in the early 18th century. They are also from the Utub tribe...
ruling family of Bahrain.
National Safety Court
The National Safety Court 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 2011 Bahraini uprising2011 Bahraini uprising
The 2011 Bahraini uprising, sometimes called the February 14 Revolution is a series of demonstrations, amounting to a sustained campaign of civil resistance, in the Persian Gulf country of Bahrain...
. A military judge presides over the court, along with two civilian judges, all of them appointed by the Bahrain Defence Force commander-in-chief, Marshal Khalifa bin Ahmed Al Khalifa, a cousin of King Hamad and the prime minister, and a member of the Al Khalifa
Al Khalifa
The Al Khalifa family is the ruling family of Bahrain. The Al Khalifa profess Sunni Islam and belong to the Anizah tribe that migrated from Najd to Kuwait in the early 18th century. They are also from the Utub tribe...
royal family. The cases are prosecuted by the military public prosecuter 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
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
has described the court as a "travesty of justice", while Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
has described it as a "sham" and "a parody of justice."
In June 2011, King Hamad 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.