Lawyer Ibrahim Serhan on Military Judiciary Verdicts: Death Sentences were not Expected for Alleged Crime of Attempted Murders
2017-12-28 - 4:52 am
Bahrain Mirror: Ibrahim Serhan, legal advisor in Al-Wefaq National Islamic Society, commented on the verdicts issued on Monday (25/12/2017) by the military judiciary in Bahrain saying "the lawyers did not expect the death sentences since the indictment list and the military prosecution adaptation also accepted by the high military court, i.e. assassination attempt charge, was only brought against the first defendant, while the rest of the defendants were accused of inciting and supporting the first suspect," indicating that "legally, a murder attempt whose punishment is a death penalty requires a life sentence since the crime was not fully committed."
He added in an exclusive statement to "Bahrain Mirror": "Since the court did not change the description of the charge (adaptation) for all the defendants, the expectations were that the sentences, no matter how harsh they could be, would not reach the death penalty. That's because the alleged crime was not executed".
In the same context, he further stated that "as the indictment list included only a charge of attempted murder against the first suspect Mobarak Adel Mohanna and the rest of suspects were accused of inciting and supporting, thus, pursuant to article 36 of Bahrain Penal Code: Attempting to commit an offence is an act by the offender with the intention of causing the commission of such offence, even though it has not been completed. The mere intention to commit an offence or acts in preparation thereof or perpetration thereof shall not be deemed as attempting."
He further stated "article 37 of the same law punishes individuals who attempt to commit offenses to life in prison and issue death sentences against them in case they committed the crime," pointing out that "regardless of all the legal irregularities associated with the case file, hearing sessions, and lack of fair trial, the verdict cannot be made outside the boundaries of the legal text."
A high Bahraini military court issued on Monday (December 25, 2017) death penalties against 6 Bahrainis after convicting them of plotting to assassinate Bahrain Defence Force commander-in-chief and other terrorist crimes, Bahrain News Agency stated.
BNA announced that "Military High Court issued its ruling in the case of (...) forming a terrorist cell, attempting to assassinate the BDF Commander-in-Chief and committing other terrorist crimes."
It added that the court convicted and sentenced the six defendants to capital punishment, 15 years in jail and the revocation of their Bahraini nationality.
The court also convicted and sentenced seven defendants to seven years in jail and stripped them of their Bahraini nationality. Meanwhile, it acquitted 5 defendants.
The agency did not mention details about the case related to attempting to assassinate commander-in-chief Khalifa bin Ahmed Al Khalifa, who belongs to the ruling family.
BNA stated that 18 members of a terrorist cell, ten of whom appeared in custody and eight were fugitives in Bahrain or abroad in Iran and Iraq, are being sued in this case.
"The defendants have the right to challenges this first-instance court ruling at the Military Appeals High Court and the Military Court of Cassation according to provisions of the law," BNA added.
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