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 53

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