Report of the Bahrain Independent Commission of Inquiry

Report of the Bahrain Independent Commission of Inquiry
2. Such rights and freedoms shall be exercised in conformity
with the fundamental values of society and shall be subject only to
such limitations as are required to ensure respect for the rights or
reputation of others or the protection of national security, public
order and public health or morals.
2. National Law
814. With regard to freedom of expression under domestic law, article 23
of the Constitution of Bahrain 2002 provides:
Freedom of opinion and freedom to carry out scientific research
shall be guaranteed. Every person shall have the right to express
and propagate his opinion in words or writing or by any other
means, in accordance with the conditions and procedure specified
by the law.
815. However, article 68 of Law No. 47 of 2002 on the Press and
Publications prescribes a prison sentence for “anyone who calls in writing for
overthrowing or changing the regime”. Article 168 of the Bahrain Penal
Code, as amended by Decree Law No. 9 of 1982, provides:
Imprisonment for a period of no more than two years and a fine
not exceeding BD200, or either penalty, shall be the punishment
for any person who deliberately disseminates false reports,
statements or malicious rumours, or produces any publicity
seeking to damage public security, terrorise the population or
cause damage to the public interest.
816. The Constitution guarantees the right to freedom of association in
several instances. Article 1(e) provides:
All citizens shall have the right to participate in the public affairs
of the state and shall enjoy all political rights, starting with the
right to vote, in accordance with this Constitution and the
conditions and situations prescribed by law.
817. Article 27 provides:
Freedom to form associations and trade unions on a national basis
and for lawful objectives and by peaceful means shall be
guaranteed in accordance with the conditions and procedures
prescribed by the law. No one shall be compelled to join or
remain in any association or union.”
818. Article 31 states:
Public rights and liberties laid down in this Constitution shall
neither be regulated nor defined except by a law or in accordance
therewith. Such regulation or definition shall not affect the
essence of the right to liberty.
819. Law No. 32 of 2006 requires the organisers of any public meeting to
notify the head of Public Security at least three days in advance, and
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