Right Against Arbitrary Arrest
Written in plain language for general understanding. This is educational content, not legal advice. Based on Bahraini national legislation, decree-laws, and ministerial orders.
Bahraini National Law
What is this right?
Bahrain's Constitution protects individuals from being arrested or detained without legal basis:
- No arrest without cause: You cannot be arrested, detained, imprisoned, or searched except as provided by law and under judicial supervision.
- Initial detention limit: Police can hold you for up to 48 hours before bringing you to the Public Prosecutor. The prosecutor can extend detention for up to 7 days at a time.
- Extended detention: After the initial 7 days, only a judge can order further detention, in increments of up to 30 days, with a maximum of 6 months total pre-trial detention for most offences.
- Bail: You may be released on bail at the discretion of the prosecutor or judge, except for certain serious offences.
When does it apply?
- You have been arrested without being told the reason.
- You are being held beyond 48 hours without being brought before a prosecutor.
- Your detention has been extended repeatedly without clear legal justification.
- You believe your arrest was politically motivated or discriminatory.
What should you do?
- Note the date and time of your arrest — this establishes the clock for the 48-hour limit.
- Ask to see a Public Prosecutor if you have been held for more than 48 hours.
- Request bail through your lawyer at the earliest opportunity.
- If you believe the arrest is unlawful, your lawyer can file a habeas corpus-type challenge before the court.
What should you NOT do?
- Do not resist detention physically — challenge it through legal channels instead.
- Do not attempt to flee — this creates additional criminal liability.
- Do not make statements under duress — report any coercion to your lawyer immediately.
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