1The Responsible Officer for monitoring is an investigator of the National Bureau of Investigation with at least five years’ experience as a judicial police officer.

2Two investigators shall be appointed by lot to serve a six-month mandate as the Responsible Officer for Monitoring. This mandate cannot be repeated twice in one year. The selection shall be made by lot by the Director before the Chief Special Prosecutor of the Special Prosecution Office and the Chair of the Anti-Corruption and Organized Crime First Instance Court.

3One Responsible Officer shall, in accordance with point 2 of this Article, conduct the periodic monitoring of the telecommunications of the Chief Judges, judges and staff of the Anti-Corruption and Organized Crime Courts, the Chief Special Prosecutor, prosecutors and staff of the Special Prosecution Office, the Director, Deputy Director and investigators of the National Bureau of Investigation, and the officers of the Judicial Police Services of the National Bureau of Investigation. The Responsible Officer shall have no other investigative or administrative responsibilities.

4The other Responsible Officer shall, in accordance with point 2 of this Article, control the periodic monitoring conducted by the General Directorate for the Prevention of Money Laundering under Article 50 of this law. This Responsible Officer shall also act as a liaison with the General Directorate for the Prevention of Money Laundering.

5Every month a Special Prosecutor will be chosen by lot to be the Special Prosecutor on duty. The Responsible Officer shall be directed, controlled and monitored by the Special Prosecutor on Duty. The Responsible Officer shall report any information that gives rise to a reasonable suspicion of corrupt or criminal activity to the Special Prosecutor on duty. If there is reasonable suspicion that the Special Prosecutor is involved in the criminal activity, the Responsible Officer shall report to any special prosecutor in the Special Prosecution Office who does not appear to be involved in the suspected activity.

6The Responsible Officer in Paragraph 3 shall conduct periodic monitoring of the telecommunications of the close family members of the people listed in paragraph 3 only if there is:

areasonable suspicion that the phone is being used by the people listed in paragraph 3 to avoid the periodic monitoring, or to act as an intermediary of a person listed in paragraph 3 of this article;

bThe monitoring is done of close family members who have consented to periodic monitoring, but not of family members under 18 years of age;

cA written report explaining the basis for the reasonable suspicion and the results of the monitoring of the close family member is made to the Special Prosecutor on Duty within 24 hours. If that Special Prosecutor appears to be involved in the criminal activity, within 24 hours the Responsible Officer shall report to any special prosecutor in the Special Prosecution Office who does not appear to be involved in the suspected activity.

çThe Special Prosecutor may authorize in writing continued monitoring of the close family member’s phone if there is a reasonable suspicion that the phone is being used by the people listed in paragraph 3 to avoid the periodic monitoring, or to act as an intermediary of a person listed in paragraph 3 of this article.

7The Responsible Officer in Paragraph 3 shall inform the Special Prosecutor on Duty of information which would support a request for a court order for interception.

8The Responsible Officer in Paragraph 3 shall maintain for six months any records of telecommunications which give rise to a reasonable suspicion of inappropriate or criminal activity, but shall destroy within 3 days all other recordings or records. A special prosecutor or the Anti-Corruption and Organized Crime Court shall issue written instructions to retain any records that give rise to a reasonable suspicion of inappropriate or criminal activity.

9The Responsible Officer shall report ethical misconduct of judges or prosecutors to the High Inspector of Justice.