Requirement Three
Recommendations Contained in the NIHR’s Report on Observing the
Parliamentary and Municipal Elections of 2018
(1) Text of recommendation and summary of the competent authority’s
reply to NIHR:
Classify the referendum and elections crimes mentioned in Article No (30)
of Decree-Law No. (14) of 2002 on the Exercise of Political Rights, as
amended, as urgent; and establish a competent and temporary court to
consider and adjudicate these crimes.
Summary of the Ministry of Justice, Islamic Affairs and
Endowments (Waqf) reply to NIHR:
a) The Ministry stated that Law No. (14) of 2002 regarding the
Exercise of Political Right, as amended, and Decree-Law No. (3) of
2002 on the System for the Election of Members of Municipal
Councils, as amended, contain a number of provisions criminalizing
acts that would undermine the proper conduct of the electoral
process. Article No. (34) of the Law on Exercising Political Rights
stipulates that criminal suits in the crimes mentioned in the Law will
be passed over after a period of six months from the date of the
announcement of the results or from the date of the last legal
process in the matter.
b) In addition, the Attorney General shall issue, upon the beginning of
the electoral process, a decision to form a committee specialized in
electoral crimes, whose membership includes a sufficient number
of members of the Public Prosecution specialized in investigating
electoral crimes. These crimes are considered before specialized
courts by the Supreme Judicial Council to ensure speed in resolving
these types of cases. Given the above, the Ministry finds that the
recommendation pertaining to classifying referendum and elections
crimes as urgent is achieved on the ground without the need for a
legislative amendment.
(2) Text of recommendation and summary of the competent authority’s
reply to NIHR:
Issue a new law on organizing media and electoral propaganda for the
elections of the members of the House of Representatives and the
municipal councils, to include all the issues related to the organization of
such propaganda, allocated funds, means of exercising it, and the related
Ninth Annual Report of the NIHR
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