Government Response

A part was implemented, and the remaining parts are in process.
Paragraph (A) was implemented in accordance with the Decree issued on 28 November 2011. As a result of this Decree, the National Security Agency will be charged with collecting intelligence without any law enforcement and arrest authorities.
Paragraph (B) will be reviewed by a team of legal experts to determine the best methods to create the Police Inspector General’s Office (See Recommendation 1716).
On Paragraph (C), and in response to the National Commission’s request dated 14 December 2011, the Government is in the process of formulating amendments to its laws in accordance with the International Covenant on Civil and Political Rights (and in particular the provisions on prevention of undermining governance as stipulated in Article 4 (Paragraph 2) to ensure that the detention of persons is carried out “in accordance with the code of criminal procedure even during the State of National Safety”.

Government Response

The recommendation was implemented as follows:

Paragraph (A): Some rules of Decree No. (14) of 2002 were amended under the Royal Decree No. (115) of 2011 ,so that the National Security Service which was issued in November 28, 2011 could be established. It came to amend some of the jurisdictions of the National Security Service and to limit it in collecting intelligence information and to monitor and uncover all activities of espionage and terrorism without having the power of arrest or to enforce the law.

Paragraph (b): The group of legal experts recommended the establishment of an independent office of the Inspector General. The decree was issued on February 28.

Paragraph (c): In response to the request of the National Committee on December 14, 2011, the Council of Ministers approved, in its meeting held on January 8, 2012, the legislative amendments of the laws in accordance with the International Covenant on Civil and Political Rights (in particular the texts contained on the non-derogation of the provision in Article 4 (paragraph 2) to assure that the arrests of persons will undergo under the law of criminal procedure, even during the validity of the state of national safety).

Government Response

- Royal Decree No. 115 for 2011 was issued to amend certain provisions of Decree No. 14 for 2002 to establish the National Security Agency. The Decree provided for amendment of certain functions of the National Security Agency, limiting them to intelligence gathering, surveillance and discovery of all activities related to espionage, intelligence and terrorism.

A copy of Decree No. 28 of 2012 which was prepared regarding an independent Office of the Inspector General and the Office of Professional Standards at the National Security Service was attached, in implementation of the recommendation.

- The experts concerned are currently reviewing this issue. The Commission will be provided with the latest updates once completed.