A proposed amendment to Bahrain’s Penal Code that would delay the deportation of convicted foreigners until their financial obligations are settled has been firmly rejected by a Parliamentary panel.
The foreign affairs, defence and national security committee will submit its report to MPs on Tuesday, setting the stage for a heated debate.
The draft law sought to amend Article (64 bis) of the Penal Code by requiring courts to take into account the rights of creditors before executing a deportation order against a foreigner convicted of a crime.
While supporters argue that it would protect creditors from financial loss, the committee concluded that the proposal risked undermining public security, judicial authority and established legal principles.
“Deportation orders are issued when a foreigner poses a proven danger to society,” committee chairman MP Hassan Bukhammas said. “Delaying their execution to protect private financial interests risks placing individual rights above public safety and the rule of law.”
The committee stressed that Bahraini law already provides mechanisms for creditors to pursue debts under the Law on Execution in Civil and Commercial Matters.
“The Penal Code is not the appropriate place to regulate civil debt recovery,” Mr Bukhammas said.
“Creditors already have legal tools to enforce judgments, including pursuing assets inside or outside Bahrain.”
The committee also warned that linking deportation to debt settlement could open the door to abuse, including fabricated claims intended solely to delay removal from the country.
“Such an amendment could allow convicted individuals to remain indefinitely by exploiting fictitious debts,” Mr Bukhammas added.
“That would pose a serious threat to security, order and public morals.”
The proposal faced strong objections from key institutions, including the government, the Supreme Judicial Council and the Justice, Islamic Affairs and Endowments Ministry, who stressed the need to execute deportation rulings without obstruction.
The Supreme Judicial Council cautioned that the amendment would effectively place enforcement of deportation in the hands of the convicted person.
“A foreigner could simply refuse to pay and remain in the country, despite the danger his presence poses,” Mr Bukhammas noted, echoing the council’s concerns.
While the National Institution for Human Rights (NIHR) supported the objective of protecting creditors, it also warned that the draft law could create legal and practical complications. The Bahrain Bar Association, however, backed the proposal, calling for clearer wording to prevent debt evasion.
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