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
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