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Informers, Witnesses, Informants and Experts in Corruption Cases and their relatives and closely related persons Protection Regulation


[1]Regulation No. (62) for the year 2014

Informers, Witnesses, Informants and Experts in Corruption Cases and their relatives and closely related persons Protection Regulation, rendered Pursuant to Clause (c) of Article (23) and Article (30) of the Anti-Corruption Commission Law No. (62) for the year  2006

Published on page 3100 in the Official Gazette No. 5286 dated 15/5/2014

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Article 1

This regulation shall be called (Informers, Witnesses, Informants and Experts in Corruption Cases and their relatives and closely related persons Protection Regulation for the year 2014) and it shall become into force upon the date of its publication in the Official Gazette.

Article 2

The following words and expressions, wherever mentioned in this regulation, shall have the meanings ascribed to them hereunder unless the context otherwise indicates:

·               Law:                               Anti-Corruption Commission Law.

·               Commission:                  Anti-Corruption Commission.

·               Board:                            Commission’s Board.

·               Chairman:                      Chairman of the Board.

·               Protection Unit:                         The Protection Unit of the Informers, Witnesses, Informants and                                                    Experts in Corruption Cases and their relatives and closely                                                  related persons which is incorporated pursuant to the provisions                                                   of this regulation.

·               Manager:                       Manager of the Unit.

·               Corruption Incident:     Committing any of the crimes and acts which, according to the                                            provisions of the Law, are deemed as corruption.

·               Informer:                       The person who informs the competent authorities of                                                          information related to corruption incident.

·               Informant:                      The person who informs the commission of information related                                           to corruption incident.

·               Witness:                                     The person who testifies in a crime of corruption before the                                                Commission, General Prosecutor, Judicial or any competent                                                         authority.

·               Expert:                           The person who is assigned to submit an expert’s report in                                                  respect of a corruption act.

·               Intimation:                     Informing the Commission or any of the competent                                                             authorities of information related to a corruption act.

·               Relatives:                      The persons who are related to the protection applicant up to the                                         fourth kin.

·               Closely Related Persons: The persons who the Board decides to count as closely related                                                    to the protection applicant.

·               Protection Applicant:    The Informer, Informant, Witness or Expert who applies for                                               protection in accordance to the provisions of this regulation.

Article 3

A.           A unit called (the Protection Unit for Informers, Witnesses, Informants and Experts in Corruption Cases and their relatives and closely related persons) shall be incorporated within the Commission.

B.           The Protection Unit shall undertake the following:

1.             Receive applications for providing protection from the persons who are encompassed by it in accordance with the provisions of the Law and to study them in order to assess the relevant threats and risks.

2.             Receive applications from the persons who do not wish to expose their identities, including, Informers and Informants, in order to study such applications and forward them to the Chairman for a decision in that respect.

3.             Periodical re-assessment of the protection decisions granted for the persons in accordance with the provisions of this Regulation.

4.             Conceal the data provided in the protection applications which may lead to exposing the identity of the Informer, Witness, Informant or Expert and replace them with special codes.

5.             Inform the Chairman and the General Prosecutor immediately upon the occurrence of any assault on any of the persons who are encompassed by protection or being subjected to a threat in order to take the necessary measures to ensure their security and safety.

6.             Conduct the necessary studies and researches to develop the protection methods and its procedures.

Article 4

A.           The protection application shall be submitted to the Chairman as per the form drawn-up by the Protection Unit for such purpose.

B.           The protection applications shall be dealt with in full confidence.

Article 5

The Chairman shall refer the protection application to the Protection Unit which in turn will examine and give its recommendations for either accepting or rejecting the application giving the reasons therefor, supported with the following:

A.           The documents which the Board decides to attach to the application by virtue of the instructions to be issued by the Board for such purpose.

B.           Information and evidences which determine the seriousness of the protection application and its connection in proving the corruption act.

C.           The proposed protection plan and the required costs for the implementation if the protection application has been approved.

Article 6

A.           The Board shall render its decision in respect of the protection application and the proposed protection plan based on the recommendation of the Chairman which is dependent on the Protection Unit’s study and recommendation.

B.           The protection applications shall be sorted out expeditiously.

C.           The protection process and the proposed implementation protection plan shall commence immediately upon rendering the Board’s decision approving it or from the date determined by the Board.

D.           The protection applicant shall be notified of the procedure relating to the protection and plan which were approved by the Board by virtue of minutes signed by such applicant who shall undertake to comply with the contents thereof.

Article 7

A.           The Commission shall maintain confidential registers that contain the original data for everyone in respect of whom it decides to conceal the identity thereof or provide the protection thereto.

B.           The Commission shall keep the registers inside a steel safe specifically for such purpose which shall be affixed in a secure place within the Protection Unit.  Such registers may only be accessed by a decision of the Chairman or the competent judge.

Article 8

A.           The persons which have been decided to enjoy protection in accordance to the provisions of this Regulation shall be entitled to apply in writing to mitigate, intensify, lift or reinstate the protection after the revocation thereof.

B.           The Board shall render its decision in respect of any of the applications provided for under clause (A) of this Article based on the recommendation of the Chairman dependent on the Protection Unit’s recommendation of which the applicant and the relevant authorities will be notified.

Article 9

Legal protection shall be provided in respect of any arbitrary measure taken against the persons who are encompassed under the decision of providing protection including:

A.           Any administrative decision that alters their legal or administrative status or that diminishes their rights or denies them.

B.           Any action that results in mistreating or abusing their position, or disreputing them.

Article 10

Personal protection shall be provided for the person to whom protection has been extended in cooperation with the Public Security Directorate and the relevant authorities through:

A.           Concealing his name and all his personal data as well as whatever may indicate his identity and substitute such with codes or a non-indicative nickname.

B.           Changing or monitoring his private telephone numbers upon the request of their owner.

C.           Changing his place of residence or work or both, temporarily or permanently, and provide suitable alternatives as per the ambient conditions and circumstances.

D.           Taking the measures that guarantee his safe movement including attending the trial and investigations hearings.

E.            Protecting his residence and properties from any assault.

F.            Providing him with an emergency telephone number round the clock to receive relief calls from him.

G.           Any action or measure so approved by the Board.

Article 11

The protection which has been determined to be provided to any of the persons in accordance with the provisions of this regulation shall be terminated by a  board decision based on the recommendation of the Chairman dependent on the Protection Unit’s recommendation in any of the following conditions:

A.           If the need for providing such protection expires.

B.           If the person violates the protection granting conditions.

C.           Upon the person’s desire by virtue of a written request.

D.           Any other case so decided by the Board.

Article 12

Should any of the persons to whom protection has been decided to be granted in accordance with the provisions of this Regulation, be subject to an assault, the Council of Ministers shall, upon the recommendation of the Board, decide the subsidies which may be extended to him and to his family members.

Article 13

The Board shall issue the necessary instructions to implement the provisions of this Regulation.

 

 




[1] This is unofficial translation of the regulation; the Arabic version shall prevail in case of any contradiction.