Section Two Advisory opinions submitted by the National Institution for Human Rights to the Council of Representatives The NIHR submitted to the Council of Representatives during the reporting period a total of five advisory opinions(11), as follows: First: Proposed law amending some provisions of the Criminal Procedure Law promulgated by Decree-Law No. (46) of 2002, accompanying Decree No. (21) of 2019 1. The NIHR expressed its advisory opinion on a proposed law amending some provisions of the Criminal Procedure Law promulgated by Decree-Law No. (46) of 2002, accompanying Decree No. (21) of 2019, which consists of five articles, in addition to the preamble. 2. The first article thereof proposes to replace the provisions of Article (82) the third paragraph, Article (93) the first paragraph, Article (127-bis) the first paragraph, Articles (159), (273), (274), and (277) the first paragraphs, and Article (327) the first paragraph. The second article, replaces the title of Part One of Book Six (Procedures to be followed in case of loss of documents and judgments and calculation of periods) of the Law under study, with the title (Procedures to be followed in case of loss of papers and judgments and calculation of periods, and the use of electronic means). The third article adds a fourth paragraph to Article (18), a third paragraph to Article (218), a fourth paragraph to Article (227), and a second paragraph to Article (321) of the law subject to amendment. The fourth article includes adding new articles No. (21-bis), No. (21- bis) (a), No. (21- bis) (b), No. (226-bis), No. (280- bis), and No. (411-bis) to the Criminal Procedure Law promulgated by Decree Law No. (46) of 2002.The fifth article is an executive article. 3. Paragraph Three of Article (82) of the proposed law stipulates that, “However, the Public Prosecution may take video and audio recordings of the proceedings and course of the investigation; if a witness or an accused is not able to attend, the Public Prosecution may resort to using technical means and picture and sound transmission devices in hearing his/her statements or interrogating him/her remotely, and presenting and viewing these proceedings for the purposes of the investigation, subject to the legally prescribed guarantees.” The NIHR concluded that it agrees in principle with the provision of the second paragraph of Article (82) as stated in the proposed law, which provided for using modern technical means and picture and sound transmission devices in hearing and interrogating the accused, as this procedure leads to the desired justice promptly and without undue delay. The NIHR emphasized that it is crucial that the same provision explicitly provides for legal (11) The National Institution for Human Rights has submitted its advisory opinion on the rights of the elderly to enjoy an adequate and decent standard of living to the Ministry of Housing, the Council of Representatives, and the Shura Council. To prevent repetition, the advisory opinion is contained in Section Three of this report on the advisory opinions submitted by the NIHR to the government. 52

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