Counselor Wael Bouallawi, Undersecretary for Justice and Islamic Affairs, confirmed that the option of mediation in settling any disputes that may arise due to the Corona virus circumstance represents one of the effective means, through the list of accredited mediators or mediators from outside this table.

Counselor Bouallai revealed, in an interview with Al-Ayyam newspaper, that the Corrective Justice bill includes many fundamental issues, including raising the age of the child to 18 years, whether the child who committed a crime or the child in a state of danger or ill-treatment, pointing out that The draft provides for the formation of a committee to look into cases of child endangerment or abuse, consisting of a court judge, a member of the public prosecutor and an expert in psychological or social fields, while a judicial committee will be formed to consider requests to replace the penalties imposed before this law comes into effect for child offenders who have not They were over 18 years old at the time of the crime.

Boualay said that the Kingdom of Bahrain has made an important milestone in establishing the appropriate ground for implementing alternative sanctions and expanding them, as sanctions have become a practice and a major trend within the penal and correctional system in the Kingdom of Bahrain.

The following is the transcript of the interview with Counselor Bouallai ...

Can we say that alternative sanctions today have become a major trend in the penal and correctional system in the Kingdom of Bahrain?

There is no doubt that the Kingdom of Bahrain has come a long way in establishing the appropriate ground for implementing alternative sanctions and expanding them. Therefore, we can say that alternative sanctions have become a practice and a major trend within the penal and correctional system.

Here we point out that alternative penalties have been applied in Bahrain since 2002 in a narrow and limited way, but with the issuance of the Penal Code and Alternative Measures in 2017, and in light of the royal directives of His Majesty King Hamad bin Isa Al Khalifa, the monarch of the country, to expand the application of penalties. Alternatively, there has been a shift towards more extensive and deep-rooted applications of the concept of punishment based on qualification in addition to achieving deterrence, whereby a special law has been singled out for it. This is based on the premise that the rehabilitation of convicts represents one of the goals of punishment, in a way that contributes to their reintegration into society.

The Alternative Penalties Law has created an effective system for implementing alternative penalties and measures, especially with regard to assessing risk.

The Ministry of Justice has set up a mechanism for continuous follow-up and continuous coordination with the Public Prosecution and the Ministry of Interior, to ensure that there are work in community service and rehabilitation and training programs that cover alternative penalties imposed, in cooperation with the public and private sectors and the participation of civil society institutions, as the work is in the service of society and rehabilitation programs They represent two types of alternative penalties prescribed by law, in a manner that meets the requirements of implementing judicial rulings issued in this regard.

- Deputy Fatima Al-Qatari, head of the permanent qualitative committee for women and children in the House of Representatives, recently stated that a final reading of the articles of the Corrective Justice Bill had been made by the committee. Since you were mainly involved in preparing and discussing this project, what is the most prominent content of this project?

First of all, I would like to place a record of great appreciation for the Chairman and members of the Permanent Quality Committee for Women and Children in the House of Representatives; Due to the effort expended in discussing the reformed justice bill, there was an ongoing and in-depth discussion due to the great importance of its topic.

Returning to your question, the Corrective Justice Bill included many fundamental issues, including raising the age of the child to 18 years, whether for the child who committed a crime, or for the child in a situation of danger or abuse.

We also point out here that the new project expanded precautionary measures in the context of alternative penalties for children under 15 years of age, which are reprimand, reprimand, blame, surrender, and apology, or placing the child under the supervision of a trusted person, placing him under probation, or enrolling him in a training and rehabilitation program Or an educational program, as well as prohibiting going to a certain place or requiring him to appear in front of a specific person or body, or to be placed in a hospital or social institution, or to participate in volunteer activities, or to perform work for the public benefit, or to stay within a specific geographical area, or to oblige him to stay at home and monitor it Electronically.

The draft provides for the formation of a committee called (Childhood Judicial Committee) to look into cases of child endangerment or ill-treatment, to be formed of a court judge, a member of the public prosecutor and an expert in psychological or social fields, and the committee takes only the measures stipulated to protect the child and his interests, while a committee is formed. A judicial authority competent to consider requests for replacing the penalties decided before this law came into effect for child offenders who did not exceed 18 years of age at the time of the crime.

The project also included the establishment of two specialized courts for children, the first is the minor correctional justice court for the child, and the second is the major correctional justice court for children, which is in charge of examining crimes (misdemeanors and felonies) committed by children from 15 to 18 years old. The work of expertise before the courts and the committee is carried out by experts specializing in the psychological and social fields. The draft also included exempting the child from any judicial fees or expenses required by the criminal case, whether before the committee or the correctional courts.

- After the Minister of Justice issued decisions to establish tables for civil and criminal mediators, in light of the newly issued law on mediation to settle disputes, how do you see the progress of this issue? And do you see the mediation system as an option to deal with any disputes that may arise under the circumstances of the Coronavirus, as one of the effective alternative means?

It is also known that mediation in the settlement of disputes is an alternative that has proven successful and effective in many countries, and here there is an important issue that should be noted, which is that the schedule of mediators accredited by the Office of the Registrar General is one of the options available in the event that two or more parties agree to use A broker through the list in this table, while the parties can choose a mediator outside this table, what is important is their agreement, taking into account the requirements contained in the law and relevant regulatory decisions.

Resorting to mediation is an optional process for the parties to help them reach a settlement in an existing dispute, without the mediator having the authority to impose a solution, and we in the Ministry of Justice encourage and encourage mediation in general.

In an exceptional situation such as the Coronavirus, mediation is certainly one of the appropriate and effective options, and we now officially have civil and criminal mediators accredited by the Office of the Registrar General in the Ministry of Justice.

As part of the precautionary measures to prevent Coronavirus (Covid 19), the Ministry of Justice has implemented a support action plan to facilitate justice procedures by providing communication channels, whether via e-mail or calling, in addition to the electronic services provided through the e-government portal. Can you give us a picture of the existing work mechanism?

The Ministry worked in joint coordination with the Supreme Judicial Council to implement a daily action plan and follow-up. With the aim of providing all forms of support and assistance to the lawyers, litigants and auditors, in order to enable them to conduct their transactions, submit their requests and respond to their inquiries without the need for their personal presence, through work teams that receive communications and receive e-mail, in this context the Ministry has initiated tens of thousands of communications and e-mails with the aim of Facilitating justice procedures in light of the application of organizational measures to prevent corona virus.

From here, we extend our deep thanks and appreciation to all the Ministry's employees who worked in the spirit of the one Bahrain team, and were able to implement the support work plan with full ability, responsibility and perseverance.

This is in addition to electronic services through the e-government portal that provides access to broad and basic services, whether related to court administration, enforcement management, licenses and agencies for lawyers and experts, or receipt of civil or legal judicial rulings and their implementation form, or announcements for publication and case notifications. Or, minors' funds management.

Here, we extend our sincere thanks and appreciation to the ministry's strategic partner, the Information and eGovernment Authority; For its efforts and constant support for the project for electronic transformation in the justice sector.

I find it imperative to acknowledge the efforts of the lawyers, led by the Chairman and members of the Board of Directors of the Bahrain Bar Association. Because of their role and the efforts they exert in order to serve litigants, and close cooperation within the framework of the precautionary regulatory measures taken in the judicial and justice facility, aimed mainly at preserving the health and safety of everyone, in addition to facilitating judicial services while avoiding all forms of gathering according to the instructions issued On the authority of the competent authorities.

The association also shows interest in electronic services, and the role of lawyers in contributing to the development of these services. Lawyers are partners in developing electronic services and expanding their application. We all aim to have advanced methods that keep pace with development in various aspects of life, and that help facilitate justice procedures and raise work efficiency and speed of achievement at all levels. Taking advantage of modern technology is a means for any progress in any field.

Here, we would like to express our appreciation to the young lawyers who have a role in developing electronic services by providing comments and suggestions. We are proud of the young generation of lawyers, and their interest in supporting everything that would advance the legal work.

Is the Ministry moving to increase the number of private notaries under the great pressure on the Documentation Department?

So far, 33 notaries have been licensed from the private sector (24 for Arabic) and (9 for English), and recently they completed the requirements and conditions of the program established for licensing the work of the private notary “private notary” for the fourth batch. They will start their work after taking the oath before the Minister of Justice to present Plenty of authentication services, and we affirm our aspiration to enhance the role of the private notary.

How many is the fourth batch?

16 private notaries for the Arabic language have completed the program requirements after fulfilling the initial conditions stipulated in the law, and have passed all stages of the program, which include written and oral exams, personal interviews and practical training. As for the English language documenters, they are still in the practical training phase, after which the actual number will become clear.

- The Ministry of Justice announced that it will work to strengthen partnership with the private sector to benefit from its potential to increase investment opportunities. To develop the investments of minors' funds and diversify the investment basket, are there new partnerships in this regard?

We previously announced the signing of a joint agreement with SICO Bank, in order for SICO to provide services in the field of private investment, managing the affairs and funds of minors, and work continues to expand the partnership with the private sector. This is in implementation of the strategy and decisions of the State Council on the funds of minors and the like, with the aim of increasing investment opportunities, raising the value of capital in the long term, and increasing income through the distribution of profits on the accounts of minors that the Council handles.

- You announced earlier that the study of implementing the "electronic marriage contract" project had begun. Are there any developments in the project?

Work is underway with the Information and eGovernment Authority to complete the electronic marriage contract project before the end of this year. The project requires the completion of the electronic link with the Ministry of Health and the Population Registry System, and will also include the stage of attesting the marriage contract document or issuing it through the possibility of printing it through the e-government portal