Mps mull delaying deportation over outstanding debts

TDT | Manama

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MPs will vote on Tuesday on a proposed amendment that could delay the deportation of convicted foreigners if they have unpaid debts.

The draft seeks to amend Article 64 bis of the Penal Code, which currently allows courts to order the deportation of a foreigner permanently or for a minimum of three years following a conviction. The amendment would retain this power but require authorities to take creditors’ rights into account before enforcing a deportation order.

The proposal comes alongside a separate initiative already approved by MPs in November 2024 to strengthen creditor protection under the Civil and Commercial Implementation Law, which governs debt recovery.

The government said it supports protecting creditors but urged lawmakers to reconsider the Penal Code change. It warned that linking deportation to debt claims could undermine criminal sentences, restrict judicial discretion, and delay removals indefinitely. Existing laws already allow courts to impose travel bans to prevent debtors from fleeing, while making clear that such bans do not override final deportation orders.

Authorities also cautioned that the amendment could be abused through fabricated claims to block deportation. The Ministry of Justice and the Supreme Judicial Council opposed the draft, saying deportation serves a public interest that should not be subordinated to private disputes.

While the National Institution for Human Rights called for further study and the Bahrain Bar Society expressed conditional support, a parliamentary committee recommended rejecting the amendment, arguing that creditor protection should remain within civil enforcement laws.

MPs will decide whether to proceed with the Penal Code change or rely on existing civil law reforms to protect creditors.