Oman: Amendments to the “State of Emergency Law” strengthen the powers of the National Security Council
The amendments issued by Sultan Haitham bin Tariq, Sultan of Oman, to the “State of Emergency Law” replaced some provisions of the articles, giving the “National Security Council” more powers regarding declaring a state of emergency in the country.
The amendments issued last week by royal decree, and published today (Sunday) in the official newspaper, stipulate that “the National Security Council is responsible for making recommendations to declare or end a state of emergency, and to evaluate the extent of the need for it to continue or not.”
“The National Security Council also has the authority to declare a state of emergency in the situation stipulated in Article (11) of the Basic Law of the State, if necessary.”
The amendments stipulate in Article Four that “The National Security Council may order the taking of any of the necessary measures and procedures to protect security and public order, and to this end it may: place restrictions on the freedom of persons to meet, move, travel, reside, and pass through certain places or times, and arrest suspects.” Or those who are dangerous to security and public order and arrest them, and authorize the search of persons, places and means of transportation without adhering to the provisions of the Code of Criminal Procedure or any other law.”
The National Security Council can also “determine the work schedules of units of the state’s administrative apparatus and other public and private legal persons, and order the closure of some of them whenever necessary.”
The Council has the right to “monitor all types of correspondence and all audio, print and visual media, social media, digital media, networks, communications and information media, and various theaters and the like, and prevent, seize, confiscate, disable and close their headquarters.”
The Council can also “evacuate or isolate some areas, ban curfews in them, close some or all public roads, organize and restrict means of transportation and communication, and determine their movement between different areas.”
The Council has the right to “temporarily seize any facility, property, or movable property with the right to fair compensation in accordance with the controls established by the National Security Council, order the imposition of guarding on companies and institutions, seize funds, and postpone the payment of debts and obligations due or due for what has been seized, seized, or Imposing guard on him.”
The National Security Council can “suspend licenses for weapons, ammunition, and explosive or explosive materials used in the manufacture of weapons, ammunition, or explosives, and prevent their manufacture, import, sale, purchase, transfer, disposition, carrying, or possession, and order their seizure and delivery to the competent authorities.” And impose censorship or control over the places of its manufacture, display, sale and storage.”
It can also “assign any person to carry out any work required by the circumstances within the limits of his abilities,” and “prohibit employees from leaving the places in the facilities in which they work in other than authorized conditions,” and “determine the prices of some services, goods, or products, and set Restrictions on its circulation, transport, sale, possession, import or export outside the country, and taking the necessary measures to ensure its availability and stability.
The National Security Council may “suspend licenses for aviation activity and aerial work using drones, and prevent the flying of this type of aircraft,” as well as “obliging those arriving to the country from abroad to submit to quarantine procedures and other health requirements,” and “obligating health institutions “For working according to specific times and providing medical services to the public,” and “determining the conditions, rules and procedures for collecting money from the public to confront the emergency, and the mechanisms for allocating and spending from it.”
The Council also has the right to “postpone the payment of public service tariffs, fees, and taxes – partially or completely – or instalments,” and “postpone the payment of loan installments provided by banks, provided that the periods of postponement or installments do not result in a delay or additional tax, as the case may be.”
While the amendments to Article Five stipulate that “the Royal Oman Police shall be responsible for implementing the measures and orders of the state of emergency, and the National Security Council may submit a recommendation to the Sultan to assign the Sultan’s Armed Forces to implement those orders and measures or some of them if the matter requires it. In this case, members of the forces have the right to The Sultan’s Armed Forces of officers and other regular ranks have the capacity of judicial officers, each in his area of jurisdiction, and every public employee in his area of jurisdiction must assist those referred to in this article in carrying out the tasks assigned to them.”
The amendments to Article Eight stipulate that “the arrested or detained person must be brought before a competent judge, within a maximum of thirty (30) days from the date of arrest or detention, in accordance with the provisions of this law, and the judge may release him on financial or personal bail or order his detention for a period not exceeding Exceeding thirty (30) days, extendable for another similar period or periods.
The amendments to Article 12 came: “Without prejudice to the provision of Article (16) of the Military Judiciary Law issued by Royal Decree No. 87/2022, the court competent to hear crimes that occur during the period of the state of emergency are the criminal departments in the courts.”
The amendments to Article 13 came: “With the exception of the procedures and rules stipulated in this law, as well as in the royal orders issued in implementation of this law, the provisions of the laws in force shall be applied to the investigation of cases, the procedures for examining them, adjudicating them, and implementing the adjudicated penalties. The public prosecution shall have the right to The regular judiciary or the military prosecution in the military judiciary – as the case may be – have all the powers granted to them under these laws.
In Article 14: “After the end of the state of emergency, the criminal chambers in the courts will continue to consider cases within their jurisdiction in accordance with the provisions of this law, which were referred to them before the announcement of the end of the state of emergency.”
National Security Council
It is noteworthy that a royal decree was issued in January 2021 to reorganize the “National Security Council,” stipulating that “the National Security Council shall be formed under the chairmanship of the Sultan, the Supreme Commander, with the membership of: Minister of the Royal Office, Head of the Office of the Supreme Commander, and Head of the Communications and Coordination Service of the Royal Office.” And the head of the Internal Security Service, the Inspector General of Police and Customs, and the Chief of Staff of the Sultan’s Armed Forces. The Council may request the attendance of whomever it deems not members.”
2024-03-12 09:53:08
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