provisions, which promotes safeguarding the right of the accused to enjoy the guarantees of a
fair trial before the Public Prosecution in the circumstances that require resorting to these modern
means.
4. The first paragraph of Article (93) of the proposed law stipulates that “the Public Prosecution
may seize at the telegraph and post offices and other offices for transmitting letters,
and broadcasting, communication, telecommunication, and electronic communication
centers, telegrams, letters, papers, publications, and parcels; and it may subject to
surveillance and make audio, visual, and electronic recordings of the communications,
conversations, correspondence, facts, and meetings that take place in private places or
that take place privately in public places, whenever there is sufficient evidence of the
occurrence of a felony or misdemeanor punishable by imprisonment, and it is useful
in revealing the truth”.”The NIHR concluded that it agrees in principle with the proposed
amendment to the provisions the first paragraph of Article (93), as contained in the proposed
law. However, it suggested to the Council to reconsider and review the extent of inclusion of the
control and surveillance processes carried out by the Public Prosecution of private places, and
to limit it to criminal offences (felonies) and exclude misdemeanors, in a manner that takes into
account the right to privacy, in accordance with the relevant international resolutions.
5. The first paragraph of Article (127-bis) stipulates that “the Public Prosecution Office, of its own
accord, or at the request of the victims, witnesses, or those who provide information
in the case; and for acceptable considerations related to their safety or the safety of
persons closely related to them, may order that necessary measures be taken to protect
them from the risks that may threaten them owing to giving testimony or information.
To that end, it may impose means and ways, as it deems appropriate, to implement
all or some of the following measures until the risk ceases, in coordination with the
protected persons, and according to the decisions and instructions issued by the Public
Prosecutor in coordination with the concerned authorities: a- change of place of
residence; b- change of identity; c- prohibit disclosing any information related to the
identity or whereabouts of protected persons and their places of residence, or restrict
access to some of this information; d- assign a guard to the person or his/her place of
residence”. The NIHR concluded that it agrees in principle with the proposed amendment to the
provision of the first paragraph of Article (127-bis), as contained in the proposed law. However,
it suggested retaining the condition of consent of the persons subject to legal protection, for which
the measures are taken to protect them, as stipulated in the original version of the Law.
6. Article No. (159) of the proposed law stipulates that, “The Public Prosecutor may, if necessary,
and when there is sufficient evidence of the seriousness of the accusation and fear that
the accused in a felony or misdemeanor may abscond, order to ban the accused from
traveling, and serve notice to the person against whom the order has been issued
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