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personnel, legal expertise, and ability to access documents or information,

to receive a fair trial. The NHRCT is thus of the view that the Administrative

Court should be the mechanism to review the exercise of state power

under the Emergency Decree in consistence with the objective of having

the dual court system. This should also allow an individual affected by an

announcement or order issued under the Emergency Decree to submit a

request to the Administrative Court to revoke such announcement or order

together with its general application while a petition to the Court of Justice

may only resolve a violation of rights in an individual case.

22. Recommendation: The government should consider a revision of

Section 16 of the Emergency Decree by having the Administrative Court

consider disputes arising from the exercise of power or cases of an

administrative nature and the Court of Justice acts constituting a criminal

offence. In addition, the government should consider amending the Decree

to provide for a mechanism of check and balance in the declaration of the

Decree. Section 5 of the Decree should be amended to limit the power of

the Prime Minister in extending the state of emergency after the first

period of the state of emergency has ended by requiring the Prime Minister

to seek approval from the Parliament so that the legislative body can

review the need for such extension.

23. The NHRCT is of the view that the provisions of Section 17 of the

Emergency Decree, which stipulates that an official performing duty in

suppressing or preventing acts that constitute a violation of this Decree

shall not be liable to civil, criminal or disciplinary actions, may lead to a

violation of human rights. These provisions are intended to provide