The Judiciary (Part VI)

Article (59) The sovereignty of the Law is the basis of governance in the State. Rights and freedoms are guaranteed by the dignity of the judiciary and the probity and impartiality of the judges.

Article (60) Judicial power is independent and vested in the Courts of Law, of whatever type or status, which issue judgements in accordance with the Law.

Article (61) There is no power over the judges in their rulings except the Law. Judges can only be dismissed in cases specified by the Law. No party may interfere in a law suit or in matters of justice; such interference shall be a crime punishable by law. The Law shall specify the conditions to be fulfilled for those administering justice, the conditions and procedures for the appointment of judges, their transfer and promotion, the security offered to them, the cases in which they are not liable for dismissal, and other relevant provisions.

Article (62) The Law shall regulate the Law Courts of whatever type or status and shall specify their functions and competencies. The jurisdiction of Military Courts shall be restricted to military crimes committed by members of the Armed Forces and the security forces and shall only extend to others in the case of martial law and then within the limits laid down by the Law.

Article (63) Court hearings are public except when the Law Court decides to hold the case in camera in the interests of public order or public morals. In all cases pronouncement of finding and sentence shall be in open session.

Article (64) The public prosecution shall conduct legal proceedings on behalf of the community, shall oversee matters of judicial prosecution and shall be vigilant in the application of the penal code, the pursuit of the guilty and the execution of court judgements. The Law shall regulate the public prosecution and its competencies and shall specify the conditions and security applicable to those who discharge its functions. In exceptional cases, Public Security departments may be legally empowered to conduct proceedings in cases involving misdemeanours, in accordance with the conditions laid down by the Law.

Article (65) The legal profession shall be regulated by the Law.

Article (66) The judiciary shall have a Higher Council, which shall oversee the smooth running of the Law Courts and auxiliary bodies. The Law shall specify the powers of this Council with regard to the functions of the judges and the public prosecutor.

Article (67) The Law shall adjudicate in administrative disputes through a Special Administrative Causes Court or Department, whose organisation and mode of procedure shall be specified in Law.

Article (68) The Law shall adjudicate in disputes over jurisdiction between judicial departments and in cases of conflict of judgements.

Article (69) The Law shall define the competencies of the department which expresses legal opinions to Ministries and other Government departments and formulates and revises draft laws, regulations and decisions. The Law shall also specify the mode of representation of the State and other public bodies and organisations before the Departments of Justice.

Article (70) The Law shall stipulate the judicial department concerned with settling disputes arising from the incompatibility of laws and regulations with the Basic Law of the State and ensuring that the latter’s provisions are not contravened, and shall define that department’s powers and procedures.

Article (71) Judgements shall be issued and executed in the name of His Majesty the Sultan. Failure or delay in executing these judgements on the part of the concerned public officials shall be a crime punishable by law. In such a case the judgement beneficiary has the right to bring a criminal action directly to the court concerned.