Bahrain – Travel Bans as an Extrajudicial Punishment

The continued use of travel bans in Bahrain, without legal basis or effective judicial oversight, reflects profound structural flaws in its justice and public administration systems and constitutes a blatant violation of the principles of legality and the rule of law. When freedom of movement, one of the most sacred rights guaranteed by the Bahraini Constitution and international agreements ratified by Bahrain, is transformed into a tool for political punishment or a means of intimidation and revenge, Bahrainis are faced with a practice that violates the very essence of citizenship and human dignity.

Travel bans are often issued through unannounced security orders, are not subject to judicial oversight, and are not officially notified to the affected individual, nor are they allowed to appeal, review, or even be informed of the reasons for the decision. This reflects a pattern of systematic arbitrariness that transforms the state from a guardian of rights into a direct source of violations. The impact of these violations is not limited to the affected individuals. They extend to undermining public trust in institutions, weakening political and social participation, threatening civil society, and depriving the state of the potential and expertise of its citizens, particularly activists, academics, and human rights defenders, against whom this measure is systematically used.

Confronting this reality cannot be achieved through formal solutions or official statements. Rather, it requires a clear political will to restore respect for the principles of the law and the status of institutions.

This requires:

● Amending national legislation to ensure that any restriction on freedom of movement is only imposed by a reasoned judicial order, subject to appeal before an independent court;
● Establishing transparent mechanisms that allow individuals to appeal travel ban decisions, access their files, and learn the reasons for the decisions issued against them;
● Investigating previous cases in which arbitrary decisions have been proven, redressing the victims’ harm, and holding those responsible accountable;
● Strengthening the role of the judiciary and ensuring its independence in the face of unchecked security decisions; and
● Respect Bahrain’s international obligations, particularly the International Covenant on Civil and Political Rights, and ensure the implementation of recommendations issued by relevant UN mechanisms.

Finally, freedom of movement is not a privilege granted by the authorities; rather, it is an inherent right that may not be revoked or suspended outside the framework of the law. If this unjust practice is not addressed within a comprehensive reform vision, we risk entrenching a state of “deferred law” that applies to some and excludes others. This undermines the foundations of the constitutional state and perpetuates selective governance that does not protect rights but rather threatens them.

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