BPA: Hassan Mushaima’s release is in accordance with the Code of Criminal Procedure and does not require a special pardon

The Bahrain Press Association (BPA) is following with grave concern the deterioration of the health condition of Hassan Mushaima, and the serious risks this poses to his fundamental rights to life and to adequate medical care, rights guaranteed under the Constitution of the Kingdom of Bahrain, domestic legislation, and established humanitarian standards.

The BPA affirms that the release of Mr. Hassan Mushaima on medical grounds is not a matter of political discretion, nor does it require a special pardon or any exceptional measure. Rather, it is grounded in an explicit legal provision contained in Bahrain’s Code of Criminal Procedure (Law No. 46 of 2002). Article 344 of the Code clearly stipulates “If a person sentenced to a custodial penalty is suffering from an illness that endangers his life, the execution of the sentence may be postponed”.

On the basis of this provision, the BPA maintains that postponing the execution of the sentence in such circumstances constitutes a direct application of the law, does not affect the validity of the conviction, and does not fall within any political considerations. Its sole purpose is to protect the life of the convicted person and to safeguard human dignity.

The BPA further stresses that the continued detention of any prisoner whose health condition poses a serious threat to life, despite the existence of a clear legal provision permitting release, places the competent authorities under a legal and ethical responsibility that requires immediate action.

In line with its professional and ethical mandate, the Bahrain Press Association calls upon the relevant authorities to apply the law as enacted and to release Mr. Hassan Mushaima on strictly medical grounds, in a manner that reflects respect for the Constitution and the rule of law, strengthens confidence in the justice system, and affirms that humanitarian considerations are not subject to political bargaining or interpretive dispute.

In this context, the BPA underscores that addressing such cases should not remain confined to security-based approaches or narrow calculations. Rather, it requires moving beyond a culture of hatred and polarization that has burdened Bahraini society and undermined its national cohesion for more than a decade and a half.

The Association believes that embarking on serious and responsible measures —grounded in the primacy of law and societal reconciliation— is the only viable path to ending cycles of prolonged confrontation, restoring trust between the state and society, and safeguarding Bahrain’s unity and stability on firm legal and humanitarian foundations.