granting the examining magistrate or the competent court, as well as the public prosecutor, the power to take such measures. In addition, the draft law aims at extending the circle of persons who are guaranteed protection in the existing text, to include informants and experts besides the victims, the witnesses, and those who give information in the case. Moreover, the proposed amendment adds new measures that may be taken in order to protect them, such as providing a security officer (guard) to the person or the place of residence, recording certain calls, and tracking some of the means of correspondence and communications. The second article is executive and pertains to the competent authorities, who implement the provisions of this law, and the date of entry into force of the provisions contained therein. 3.  Article (127 bis), as stated in the draft law, stipulates that, “The public prosecution or the investigating judge or the competent court, as the case may be, based on the request of the victims, the witnesses, the informants, the experts, or those who give information in the case, or according to what is perceived by the competent authorities from the investigations, and for acceptable considerations regarding their safety and the safety of people close to them, may order to take the necessary measures to protect them against potential danger which could threaten them because of, or in the event of, reporting, testifying, or coming forward with information. In such case, it shall be entitled to order, with the consent of the victims, informants, witnesses, experts, or the people who must be protected, to take all or some of the following measures until the danger no longer exists: 1. Relocation of place of residence. 2. Change of identity. 3. Ban the disclosure of any information about the identity, location, and place of residence of the protected persons, or place restrictions on the circulation of some of this information. 4. Provision of physical security for the protected person or around the place of residence. 5. Recording certain calls and tracing some of the means of communication and correspondence. If any of the measures set out in the preceding paragraph are taken, a brief on the content of the testimony or the information shall be maintained in the investigation, without disclosure of the real source until the circumstances that called for taking such measures no longer exist; or until the case is referred to the competent court and the permission to disclose the source’s identity is issued by the court.” 4. Therefore, the NIHR agrees in principle with the legal observations (in form and in substance) contained in the memoranda of the Government and the Legislation and Legal Opinion Commission on Article (127 bis) as mentioned in the draft law, and refers these observations to prevent repetition. 5. However, the NIHR finds it necessary to give its opinion on clause (5) of Article (127 bis) as set forth in the draft law, which authorized the Public Prosecution to record certain calls and trace some means of communication and correspondence in order to protect informants and experts besides the victims, witnesses, and those who give information in the case. 6. Therefore, while recognizing the right of the Public Prosecution to take several measures during the initial investigation stage, including the recording of certain calls and the tracking of certain means of communication and correspondence, yet this right must not be granted without limits or controls; but rather through the legal and judicial guarantee approved by the legislator in Article 24

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