BAHRAIN’S MPs have been urged to rethink amendments to a law that allows those convicted of felonies to receive good conduct certificates six months after their release.
The government has said that six months was too short a time for criminals to reform, or earn the trust and respect of members of the community.
Felonies are offences that carry jail sentences of between 24 hours and three years. They include theft, minor assault, improper conduct (fights and noise), vandalising property and irresponsible driving.
Amendments to the 2002 Criminal Procedures Law would allow such convicts to receive conduct certificates without waiting for a year. However, for those sentenced for serious crimes, the certificates will continue to be issued 24 months after their release. This includes heists, assaults, rape, murder, money laundering and embezzlement for which convicts could face jail terms ranging from three years to the death penalty.
The government has objected to the amendments, asserting that one year was vital to receive assurance of a convict’s good conduct.
“Criminal record cannot be wiped clean, which means integration of offenders is difficult even with the certificate,” the government said in its response.
“A person who commits a felony will have to earn the trust, respect and confidence of people to reintegrate into society.”
Newly-elected MPs will vote on the bill following the national elections slated to be held later this year.
“The issuance of certificates was the same for any crime with it being two years, but for felonies it was halved to a year following legislative intervention in 2005, which is acceptable,” the Cabinet said in writing.
“However, lowering it to six months is dangerous as it’s too short a time to assess whether a convict has changed his ways for the better.
“We have tightened the rules depriving them of government jobs and political rights to ensure they realise their mistake and feel genuine remorse.”
The government also said that community service was one of the many alternative punishments and that it was not an indication of society’s acceptance.
Five MPs, led by Bahrainisation Committee chairman Ebrahim Al Nefaei, had proposed the amendments last year.
“Our constitution states that crimes must be met with definitive punishments and if someone serves a sentence, they are free to live as anyone else in the community,” Mr Al Nefaei had said.
“However, currently ex-convicts have to wait for one year for a good conduct certificate that will help them secure jobs or start businesses.
“Twelve months is a long time for such people who do not have a source of income. With no options to survive, they may return to what they knew best – and that’s breaking the law.”
Mr Al Nefaei said businesses, ministries and government bodies would be willing to employ individuals convicted of felonies, but the long wait for certificates would hinder the process.
“Convicts who do community service as an alternative punishment could be offered the same role by the authority or employer benefiting from it,” Mr Al Nefaei said.
“However, currently they lose out on potential jobs even when there are people willing to employ them because they have no legal clearance without the paperwork. No one will wait for a year to employ an individual.”
The National Institution for Human Rights backed the six-month move, however, it said that serious criminals could also be granted a reprieve after a judicial review of their prison record, behaviour and type of crime.
The Bahrain Bar Society welcomed the proposal, saying that it would stop convicts from further crimes and encourage them to live a better life.
mohammed@gdnmedia.bh
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