Syed Hussein Al -Qassab
A proposal to create a fund to support alternative sanctions to be killed by the government and the “private”
The Shura Council approved in its session yesterday, a new legislation project aimed at expanding the implementation of alternative penalties, to include the placement of some of those convicted in clinics for psychological and health care for the purpose of rehabilitating them.
The draft law aims to develop the legislative system regulating alternative sanctions, and keeping pace with the continuous changes, through the inclusion of new penalties, and the identification of one party specialized in implementing all matters related to alternative penalties and measures, in addition to identifying the entities in which these penalties are implemented based on a decision of the Minister of Interior.
The Minister of Justice, Islamic Affairs and Endowments, Nawaf Al -Ma’wed, stated that every case presented to the alternative penal judge is subject to a comprehensive evaluation by all concerned authorities, whether the security authorities or the authorities within the Reform and Rehabilitation Center, where a detailed report on the case is prepared that includes an evaluation of the inmate behavior within the center.
He pointed out that there are clear mechanisms that show the extent of the inmate’s benefit from applying alternative penalties, stressing that the convict is not released except after fulfilling all the conditions and internal controls, and that it is fully qualified to leave the rehabilitation center.
For his part, the head of the Foreign Affairs, Defense and National Security Committee of the Shura Council d. Ali Al -Rumaihi, that the Kingdom of Bahrain is one of the advanced Arab countries in the application of the alternative sanctions system, noting that more than 8278 people have benefited from this system since its implementation in 2018.
He stressed the importance of the presence of serious parties in the implementation of the law, explaining that the amendments presented aim to achieve several goals, the most prominent of which is the identification of the competent authorities to implement the penalties, which is an important step to enhance the effectiveness of the system, in addition to expanding alternative penalties, allowing the convicts greater opportunities to integrate into society and enable them to restore their normal lives.
For her part, the second deputy head of the Shura Council, d. Jihad Al -Fadil, that the practical experience in the application of the alternative penal code has resulted in the Ministry of Interior’s introduction to its vision of amending the law, noting that the proposed amendments reflect keeping pace with the Kingdom of Bahrain to modern societal changes and the challenges of digital and cyber security.
She added that these amendments contribute to the rehabilitation of inmates and made them good and positive individuals in society.
She praised the vision adopted by the Kingdom for a long time, which confirms that the prison should be a center for reform and rehabilitation and not for punishment, explaining that this vision was embodied in the alternative penal code and open prisons, which reflects Bahrain’s keenness to achieve justice and contribute to the development of the criminal justice system.
Al -Fadil pointed out that the amendments to the alternative penal code came balanced, as it aims to achieve justice for the convicts, and she said: “For example, the convict is not prohibited from going to the websites, but the punishment may be linked to restricting his access to some sites, while deposit in psychological care institutions remains an option that reflects the deep awareness of the psychological situation of some of the victims of the convicts.”
She added that Bahrain’s experience in implementing the alternative penal code has received international praise and appreciation, as the Kingdom has become in the ranks of developed countries that apply measures that achieve justice and reform for the convicts. Regarding the identification of the competent authorities in the application of the law, Al -Fadil affirmed that the review of legislation in this field is an important step to enhance institutional efficiency, noting that the Ministry of Interior is mainly the competent government agency in the application of the law.
Al -Fadil suggested that the Ministry of Interior a feasibility study to establish a fund to support alternative penal programs, which is jointly funded between the government, the private sector and civil society institutions, in a way that contributes to enhancing the effectiveness of this law and enhancing the achievement of its reform goals.
In turn, a member of the Shura Council Sheikh Ahmed Al Khalifa stressed that the majority of the concerned authorities expressed their support for the draft law amending penalties and alternative measures, noting that these bodies support approval of the project because of its positive impact on those convicted of negative penalties for freedom, as it contributes to enhancing their rehabilitation and integration into society to be active individuals that can benefit from their capabilities.
He raised a number of important questions about the occasion of the occasion of the alternative punishment for the crime committed by the person who includes the penalty, wondering whether the condition is evaluated from the behavioral, psychological and mental aspects before making the replacement decision. He explained that these questions aim to ensure a balance between the interests of the convict and the public interest, and to enhance justice and effectiveness in the application of alternative penalties.
