50 411 2. Evidence.—The proof of the dangerous character of the individual is his piildic reputation, “ la notoritd publique,” (see Art. 6 of the Law), that is, “ la voce puhhlica ” of the Italian law above referred to. It is not necessary to prove his participation in any specified offence, but only to establish a general criminal mode of life, dangerous to the community in which he lives. A number of suspicious facts supported by corroborative evidence must, thei-efore, be adduced against him from which it may be inferred that he is persistently leading a dishonest and criminal life. Previous convictions are, of course, a primary basis of appreciation, especially when they refer to crimes of violence agaimst the person, or against property, or to threats of such crimes. The fact that he has been prosecuted for such offences may suffice to raise an unfiivourable presumption against him, even though the prosecution has failed, if an examination of the “ dossier ” leads to the conclusion that ho has escaped conviction rather because the chain of evidence against him, though strong, was not strong enough to convince a court of law than because his innocence was in any way vindicated by the trial. Such a presumption will bo materially strengthened in the case of a man who has been prosecuted more than once, even though unsuccessfully. T he evidence of police officers, watchmen, village sheikhs, omdehs, &c., as to common repute, will form a secondary source of proof. Finally, there will be the evidence of persons wlio Jive in the same village as the accused, or in neighbouring villages, and who testify to his reputed mode of life and general bad conduct.

3. Jurisdiciion.—ThQ body entrusted with the power of ordering such persons to be placed under police supervision is a special commission composed—as in Italian law—partly of administrative, and partly of judicial elements. The Moudir, or Governor, is the president, and he is assisted by two “ notables,” or jmominent citizens, domiciled in the province where the commission sits, chosen by lot from a list of twenty, for each Moudirieh or Governorate, nominated by the Minister of the Interior, in accord with the Minister of Justice. They correspond, as a popular element, to the members of Parliament of the Italian law. To these members there is added a judicial element in the shape of the president of the Native Tribunal and the Chef du Parquet, whose special role it should be to keep a check on the equit} of the procedure followed, and to see that accused persons have the fullest opportunity of defending themselves. These latter may also be defended by counsel (Art. 5).

4. Police Supervision.—If, after hearing the evidence for and against the accused, the commission comes to the conclusion that it is established, by common repute, that he comes within the category of persons described in Article 1, it orders him to be put under police supervision,* in the jfiace of his residence, for a period not exceeding five years (Art. 6).

5. Security for Good Beliaviour.—Whilst ordering a person to be put under police supervision, the comnnssion ma}'’, by the same order, require him to give security to bo of good behaviour for the future (Art. 7). The commission decides whether such security is to consist in the production of a person or persons willing to stand .surety for his future good behaviour, or whether it shall take the form of a deposit of money. In either case, the commission fixes the amount of such security, having regard to the circumstances of the case and the situation of the accused (Art. 8).

6. Qompulsory Ilesidcnce.—If, within a maximum period of fifteen days from the date of the final decision, the person ordered to give security has failed to do so, or if, having produced a surety, the latter has nob been accej)ted by the authorities, under the terms of Art. 8, or has subsequently been discharged from his obligation and iiot replaced within fifteen days, under the terms of Art. 9, the Minister of tlni Intcricu' assigns to such person a place of residence, on Egyptian territory, at which he is required to pass the period of his police supervision (Art. 11) Further, persons ali'(‘ady under police supervision who are thereafter convicted of any crime, or of a misdemeanour of theft, cattle-poisoning, crop-destruction, or escape froni supervision, are similarly requii’ed to reside at the locality assigned to them. This locality is, at present, the Oasis of Kharga, where labour camps have been established. Those who are relegated to this establishment are not required to work, unless they choo.se to do so, and may have their families to reside wdth them. The system, therefore, though in the nature of a penal .settlement, is not penal servitude. It is simply the isolation * Police supervision is, at present, regulated by the decree of June 20, 1000, modified in some of its provisions by Law No. 16, 1900. A person under police supervision is subjected to certiim re.stnclions on the liberty of his movements. He may clioose his own residence, but having' chosen it cannot change it at tvill. Moreover he has to notifj' the police of his pre-'-ence at the place of his re.'sidence at staled intervals [384] House of Commons Parliamentary Papers Online. Copyright (c) 2006 ProQuest Information and Learning Company. All rights reserved.