CHAPTER TWENTY FOUR:
The Judicial Affairs
ARTICLE 187- In order to exercise necessary legal protection and facilitate public accessibility to the judicial services, and to protect the people’ rights, the Judicial Power is authorized to take measure in pre-qualification of the graduates of the field of law in order to enable them to set up legal counseling firms.
Presence of the said councilors in the courts of law
and offices and public and non-public organizations for the purpose of
performing the lawyers duties shall be permissible. Pre-qualification of the official legal experts through the
above process is also possible.
The executive by-law of this Article including rating the
remuneration for the said legal experts shall be approved by the Chief Justice.
ARTICLE 188- The judicial power is required to take
measures in specializing the courts of law on the basis of the volume of the
operation, legal needs and expertise, and experience of the judges, in order to
enhance the quality of the courts and increase their efficiency.
The circumstances and the manner of executing this
Article shall be based upon a directive that will be prepared by the Ministry
of Justice and approved by the Chief Justice.
ARTICLE 189- In order to reduce the people’s
recourse to the legal courts aiming at promoting popular participation,
settlement of local disputes and issues of non-legal nature, or where their
legal nature is less complicated, will be entrusted to the arbitration
councils. The scope of the
mandates and authority of the councils, their composition and the manner of
nominating their members shall be based on the by-law to be proposed by
Ministry of Justice and to be approved by the Cabinet and ratified by the Chief
Justice.
ARTICLE 190- In order to improve the conditions of prisons
and to create an environment conducive to rehabilitation and correction and
retraining the prisoners in such a way as to enable them to return to a healthy
social life, the following tasks shall be performed:
A- The Prison Organization is required to take
measures in cooperation with the popular associations and institutions in order
to activate associations patronizing families of the prisoners and the annihilated
families and to create such associations in every center so that one hundred
percent (100%) of all the needy families of the prisoners and the annihilated
ones are covered by the associations’ support by the end of the Plan.
B- Minister of Justice is required to take steps in
order to prepare a by-law for the prisoners’ work, giving priority to the
proper vocational training in such a way that upon completion of the conviction
period, they could receive certificate of employment and at the same time their
records of the past could be removed, so that they could effectively return to
the society.
ARTICLE 191- Government is required
to allocate to the Judicial Power through the annual budget and in form of
assistance, the equivalent of fifty percent (50%) of all revenues of all the
courts of law and agencies affiliated to the Judicial Power, that are lawfully
collected and are settled with the Treasury. Upon approval of the Chief Justice, the funds will be spent
in the following cases in the Ministry of Justice and the organizations
affiliated to the Judicial Power:
1-To build, complete and purchase
buildings for administrative purposes and public housing.
2- To equip the administrative buildings
and to purchase necessities and vehicles
3- To pay merit rewards, and the fee for
being on duty and commission.
4- To provide for the deficit of the
urgent current expenses of the entities of the judicial power.
5- To pay the expected profit rate of the
facilities of the housing for the judges and the employees.
6-
Other urgent cases as discerned by the Chief Justice.