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Report of the Bahrain Independent Commission of Inquiry

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Chapter V — Events at Salmaniya Medical Complex<br />

authorises that <strong>of</strong>ficial to determine whe<strong>the</strong>r a meeting warrants police<br />

presence on <strong>the</strong> basis <strong>of</strong> “its subject... or any o<strong>the</strong>r circumstance.” This law<br />

also stipulates that meeting organisers are responsible for “forbidding any<br />

speech or discussion infringing on public order or morals”, but does not define<br />

“public order or morals”.<br />

820. Article 5(2) <strong>of</strong> Law No. 18 <strong>of</strong> 1973 on common meetings,<br />

processions and ga<strong>the</strong>rings, as amended by Law No. 32 <strong>of</strong> 2006, provides:<br />

In all cases, it is not allowed to hold public meetings before seven<br />

o’clock in <strong>the</strong> morning, or to continue after eleven thirty at night,<br />

unless by special permission from <strong>the</strong> head <strong>of</strong> <strong>the</strong> public security<br />

or his deputy.<br />

821. Article 11(a) states:<br />

It is not allowed to set up marches, ga<strong>the</strong>rings or demonstrations,<br />

or <strong>the</strong> continuation <strong>the</strong>re<strong>of</strong>, before <strong>the</strong> sunrise or after sunset,<br />

unless by special written permission, from <strong>the</strong> head <strong>of</strong> public<br />

security, or his deputy.<br />

And article 11(b) states:<br />

It is not allowed to organise marches, ga<strong>the</strong>rings or<br />

demonstrations, which are set up near hospitals, airports,<br />

commercial complexes or places <strong>of</strong> a security nature, provided<br />

that <strong>the</strong> Ministry <strong>of</strong> Interior shall specify <strong>the</strong>se places and<br />

announce <strong>the</strong>m.<br />

822. Concerning illegal protest, <strong>the</strong> <strong>Bahrain</strong> Penal Code regulates<br />

demonstrations and riots in <strong>the</strong> country. Articles 178, 179, 180, 181 and 182<br />

provide as follows:<br />

Article 178<br />

Every person who takes part in a demonstration in a public place<br />

where at least five persons are assembled with <strong>the</strong> aim <strong>of</strong><br />

committing crimes or acts intended to prepare or facilitate <strong>the</strong><br />

commission <strong>of</strong> such crimes or aimed at undermining public<br />

security, even though for <strong>the</strong> realisation <strong>of</strong> a legitimate objective,<br />

shall be liable for imprisonment for a period <strong>of</strong> no more than two<br />

years and a fine not exceeding BD200, or ei<strong>the</strong>r penalty.<br />

Article 179<br />

If one demonstrator or several demonstrators attempt to use<br />

violence for <strong>the</strong> realisation <strong>of</strong> <strong>the</strong> purpose for which <strong>the</strong>y have<br />

assembled, <strong>the</strong>ir action shall be deemed a riot. The penalty for<br />

each person who knowingly takes part in such riot shall be a<br />

prison sentence and a fine not exceeding BD500, or ei<strong>the</strong>r penalty.<br />

Article 180<br />

(1) If one <strong>of</strong> <strong>the</strong> public authority <strong>of</strong>ficers finds that five persons or<br />

more have demonstrated with <strong>the</strong> intent to cause a riot, he may in<br />

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