period of execution. b) Order the extension of the period during which the alternative punishment
is to be implemented referred to in Clause (g) of Article (2) of this Law. c) Look into the reports
related to the implementation of alternative punishments. d) All the other competences provided in
this Law. The decisions and orders issued by the punishment enforcement judge are immediately in
effect with the possibility of appeal before the Higher Criminal Court of Appeal.”
10. The National Institution has explained in its perspective that Article (16) of the draft law has
entrusted the judge concerned with application of the punishment the jurisdiction to adjudicate
in all the disputes related to implementing or cancelling the alternative punishment, or render all
the decisions or orders related thereto, such after hearing the statements of the public prosecution.
However, the abovementioned text did not allude to or give due regard to the United Nations
Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), which clearly which clearly
and expressly emphasized the necessity for the decisions imposing the non-detention measures to
be subject to reconsideration by a judicial body or a competent body based on the respect of the
criminal, and the right of the criminal to submit a request or complaint to a judicial body or another
judicial independent body concerning matters that impinge on her individual rights concerning the
implementation of noon-detention measures.
11. Concerning Article (20) of the draft law which provides that “it is permissible for the accused to
aggrieve concerning the order issued by public prosecution or the judge- as the case may be- obligating
him with one of the alternative measures provided in Article (18) of this excepting compulsory
arrest at a specific place, such before the Criminal Court held in the consultation chamber, and in
case his grievance is rejected then he must submit a new grievance every month from the date of
the rejection of the grieving, and the period of these measures shall end in all cases with the expiry
of six months from the date of start of enforcement, all of which is unless the suit is referred to the
competent court, whereupon it is necessary to impose one of the alternative measures or invalidate
its competence to consider it.”
12. Whereas the National Institution has found that Article (20) of the draft law has enabled the
accused to file grievance for the order rendered by the public prosecution or the judge- as the case
be may require- obliging one of the alternative measures provided under Article (18) of the draft
law, excepting house arrest at a specific location, such before the high criminal court convened
in the consultation chamber, where it becomes evident that the draft law has excepted the house
arrest measure at a specific place concerning which the accused is entitled to file grievance, which
is in reality an unjustifiable exception, which differentiates between the same alternative measures
decided under the law, where the United Nations Standard Minimum Rules for Non-custodial
Measures (The Tokyo Rules) provide for granting the criminal the right to appeal before a judicial
body or another independent and competent quarter, in case of implementing detention prior to
trial.
13. Accordingly, the National Institution is of the view that it agrees in principle to grant the accused
the right to grievance from an order issued by the public prosecution or a judge obliging him by one
of the alternative measures stipulated in Article (18) of the draft law; however, it is not warranted to
exclude the house arrest measure at a specific place, to file grievance before the high criminal court
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