BCC 402/2005

This case involved the validity of a Decision which had dissolved an association. A key factor was the constitutionality of the Decision based on who had signed it.

Background

An association filed a case before the plenary court requesting the dismissal of Bahrain Ministerial Decision No. 47/2004 which stipulated that the association should be dissolved, and compensation paid.

The court dismissed the case.

The association appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The association appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had insufficient evidence of causation. It was said that they maintained before the court that the Law of Associations, Bahrain Law No. 21/1989 was unconstitutional and that the law included the signature of Emir only but the court dismissed this defence. The association also said that the court dismissed the request to refer the case to investigation.