Constitution

Oman 1996 Constitution (reviewed 2011)

Table of Contents

CHAPTER SIX. The Judiciary

Article 59

The rule of Law shall be the basis of governance in the State. The dignity of the judiciary, and the integrity and impartiality of the judges are a guarantee for the rights and freedoms.

Article 60

The judiciary shall be independent, its authority shall be exercised by the courts in their different types and hierarchies, and their judgements shall be rendered in accordance with the Law.

Article 61

There shall be no power over judges in their ruling except for the Law. They shall be irremovable except in circumstances specified by the Law. It is not permissible for any party to interfere in lawsuits or affairs of justice, and such interference shall be considered a crime punishable by Law. The Law shall determine the conditions to be satisfied by those who exercise judicial functions, the conditions and procedures for appointing, transferring and promoting judges, the guarantees accorded to them, the circumstances where they cannot be removed from office and all other provisions relevant to them.

Article 62

The Law shall regulate the types and hierarchies of the courts and shall prescribe their functions and jurisdiction. The jurisdiction of the military courts shall be exclusively confined to military offences committed by members of the armed and security forces. Their jurisdiction shall not be extended to others except in the case of martial law and within the limits prescribed by the Law.

Article 63

The hearings of the courts shall be in public, except when the court decides to hold them in camera in the interest of the public order or morals. In all circumstances, the pronouncement of judgement shall be in open hearing.

Article 64

The Public Prosecution shall conduct criminal proceedings on behalf of Society. It shall supervise the affairs of criminal investigation and ensure the implementation of criminal laws, prosecution of offenders, and enforcement of judgements. The Law shall organise the Public Prosecution, regulate its jurisdiction, and specify the conditions and guarantees for those who exercise its functions.

Public security authorities may by virtue of a law be exceptionally entrusted with conducting criminal proceedings in cases of misdemeanours and in accordance with the conditions prescribed by the Law.

Article 65

The Law shall regulate the legal profession.

Article 66

The judiciary shall have a Supreme Council which shall supervise the proper functioning of the courts and the auxiliary bodies, and the Law shall prescribe its authorities with regard to the service affairs of judges and Public Prosecution.

Article 67

The Law shall regulate the settlement of administrative disputes through a panel or a special court whose regulation and the manner of exercising its functions shall be prescribed by the Law.

Article 68

The Law shall regulate the procedure for the settlement of conflict of jurisdiction between judicial bodies and cases of conflict of judgements.

Article 69

The Law shall define the competences of the authority responsible for providing legal opinion to the Ministries and other Government units, drafting draft laws, regulations, and decisions, and reviewing the same.

The Law shall also prescribe the manner of representing the State and all public authorities and establishments before the courts.

Article 70

The Law shall define the judicial body entrusted with the settlement of disputes pertaining to the extent of conformity of laws and regulations with the Basic Statute of the State and that the said laws and regulations do not contradict with its provisions. The

Law shall also specify the powers of such judicial body and the procedure which it shall follow.

Article 71

Judgements shall be rendered and enforced in the name of His Majesty the Sultan. Refusal or obstruction of the enforcement of these judgements by concerned public officials is a crime punishable by Law. The judgement beneficiary has the right in this case to file a criminal action directly to the competent court.