E/CN.4/2002/77/Add.2
page 22
76.
A visit to Jaw prison gave the delegation the opportunity to meet military personnel and
police officers convicted by the courts who, following their dismissal from the forces, had been
transferred to a civilian prison to serve their sentences. Courts martial, it was told, are held in
camera and the Disciplinary Tribunal (the police court) is presided over by the officer who
conducts the case for the prosecution before the civilian courts.
77.
The composition of these courts and the impossibility of appeal to an independent court
mean that they do not conform to relevant international standards. The attention of the
authorities has been drawn to the need to review these provisions and bring them into conformity
with international norms. The delegation was informed that a review of the security services
regulations was now on the agenda and there were plans to make police officers subject to the
jurisdiction of the ordinary courts.
D. Reform of the administration of criminal justice
78.
The Charter adopted by referendum committed the authorities to complete the
establishment of the judicial institutions announced in the Constitution, and offered greater
protection of liberties by specifying that arrest, police custody, detention and all other restrictions
on individual liberties may be imposed only in accordance with the law and under judicial
supervision. Accordingly, the Directorate for Legal Affairs began to draw up a draft code of
criminal procedure which is now being finalized. The draft makes substantial changes,
increasing judicial supervision of the police and circumscribing the role hitherto played by the
services of the Ministry of the Interior. The reform reorganizes the administration of criminal
justice and announces the establishment of a public prosecutor’s office, a judicial police corps
and a judge responsible for the execution of sentences. These concepts have been borrowed
from the Egyptian Code of Criminal Procedure, based on the Romano-Germanic legal system.
1.
Reorganization of prosecution and investigative bodies
79.
This question has been dealt with in the draft code of criminal procedure referred to
above: the proposed model looks towards the civil law system. The draft (a copy of which was
given to the delegation by the authorities) announces the establishment of a public prosecutor’s
office under the authority of the Ministry of Justice, whose personnel will have the status of
judicial officers. The public prosecutors will have a monopoly on public prosecutions and will
oversee the new judicial police corps which will assist them in their inquiries, help them
investigate cases and operate under their authority.
80.
Public prosecutors will also see to the execution of judicial decisions and supervise
prisons and places of detention (which will still be run by the Ministry of the Interior). In order
to do so they will have recourse to a judge for the execution of sentences, whose powers are
clearly outlined in the draft. The new reform also makes provision for an investigating judge to
whom criminal or difficult cases may optionally be referred for investigation. Given that injured
parties may not bring actions for damages, the decision to refer a case to the investigating judge
rests with the prosecutor alone: he is the real investigator and the lynchpin of the system. As the
key body in the preparatory phase, the public prosecutor’s office is invested with all powers. It
may delegate its powers, order inquiries, make arrests, conduct searches and seizures, remand
persons in pre-trial detention after formally charging them, and prepare case files.
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