A proposed change in Bahrain’s Execution Law could see the introduction of a panel of judges to review travel bans on deported expats in order to prevent debtors from escaping repayments. The proposal, put forward by MP Dr Maryam Al Dhaen, aims to update Article 40 of the Execution Law, allowing a panel of three judges to assess each case individually and ensure fair treatment for creditors. Al Dhaen highlighted the need to close loopholes that some exploit to avoid paying debts and emphasized the importance of protecting creditors from foreign debtors leaving without settling their dues.
Currently, Article 40 allows an execution judge to impose a travel ban on debtors who are at risk of leaving the country to evade payment, with the ban lasting up to nine months. However, the law does not prevent deportation orders from being carried out, and the ban remains in place during the appeal process. The proposed change in Bahrain’s law follows the example of the UAE, where deported debtors must clear their debts before leaving, aiming to ensure creditors have a better chance of recovering their money.
Under the new plan, judges would be selected by the Minister of Justice and would have the authority to determine the fairness of travel bans linked to deportation orders. The proposal seeks to provide creditors with greater security by making travel bans more robust and allowing for appeals to the High Court within seven days. This approach aligns with Bahrain’s commitment to upholding fair trial rights as outlined in the Constitution and ensuring a balance between public interests and creditors’ rights in cases of unpaid debts.
In April, Parliament passed a law requiring expat workers to demonstrate they have no outstanding debts before leaving Bahrain, further demonstrating the government’s efforts to protect creditors and enforce debt repayment. The Ministry of Justice has acknowledged the proposed change to Article 40 but has not yet taken an official stance, pending a full review of the proposal. Justice Minister HE Nawaf bin Mohammed Al Maawda highlighted the importance of thorough assessment before reaching a decision and praised Parliament for its role in ensuring any legal changes align with Bahrain’s public interests.
In conclusion, the proposed amendment to Bahrain’s Execution Law represents a significant step towards strengthening protections for creditors and ensuring debtors fulfill their obligations. By introducing a panel of judges to review travel bans on deported expats, Bahrain aims to prevent debtors from evading repayments and provide creditors with a fair chance to recover their money. The proposed change aligns with Bahrain’s commitment to upholding fair trial rights and balancing public interests with creditors’ rights, demonstrating the government’s dedication to improving the legal framework surrounding debt repayment.
