قانون رقم (48) لسنة 1970 بشأن تعديل بعض أحكام قانون السلك الدبلوماسي والقنصلي وهيئة التحقيق الإداري

Law No. (48) of 1970 AD

Amending Certain Provisions of Diplomatic and Consular Corps Law and

Administrative Investigation Commission

In the Name of the People,

The Revolutionary Command Council,

● Upon review of Constitutional Declaration No. 1 issued on 2 Shawwal 1389 AH,

Corresponding to 11 December 1969 AD; and

● Diplomatic and Consular Corps Law No. (16) of 1959 AD,

as amended by the law issued on 26 Rabi al-Awwal 1380 AH, corresponding to 17 September 1960 AD;

Law No. (15) of 1968 AD; and

● Law issued on 10 Sha'ban 1387 AH, corresponding to 12 November 1967 AD

On the establishment of the Administrative Investigation Commission, and

● Based on the submission of the Prime Minister and the Minister of Unity and Foreign Affairs; and

The approval provided by the Council of Ministers,

Issued the following law:

Article (1)

A new article numbered 24 bis shall be added to the Diplomatic and Consular Corps Law No. (16) of 1959 AD referred to, and shall provide as follows:

1. The Prime Minister and the Minister of Unity and Foreign Affairs may entrust the Administrative Investigation Commission to investigate any matter attributed to members of the diplomatic and consular corps or to examine any complaints relating thereto.

2. The provisions of Articles 6 to 12 of the Law issued on 10 Sha'ban 1387 AH, corresponding to 12 November 1967 AD, on the establishment of the Administrative Investigation Commission, shall apply with regard to the investigation undertaken by the abovementioned commission.

The Administrative Investigation Commission may take any of the measures provided in Articles 7 and 12 or suspend any member of the diplomatic and consular corps as a precaution in the interests of the investigation only after taking approval of the Prime Minister or the Minister of Unity and Foreign Affairs, as the case may be.

3. Upon completion of the investigation, the Administrative Investigation Commission shall prepare a note fully explaining the facts arranged in order of their occurrence, the evidence presented to it in respect of each of those facts, the defenses of the member to whom the violation is attributed, and its observations thereon. This note shall also contain the legal characterization and description of these facts, and the Commission’s opinion on whether to suspend the investigation or refer it to the Disciplinary Board provided for in Article 27 of the Diplomatic and Consular Corps Law.

4. The note referred to in the preceding article shall be submitted together with the investigation documents to the Prime Minister or the Minister of Unity and Foreign Affairs, as the case may be, to deal with the same. Either of them may refer the member of the diplomatic and consular corps to the Disciplinary Board referred to in the preceding article.

Article (2)

The provision of Paragraph 1 of Article 18 of the law issued on 10 Sha'ban 1387 AH, corresponding to 12 November 1967 AD, on the establishment of the Administrative Investigation Commission, referred to, shall be replaced with the following provision:

The provisions of this law shall not apply to members of the judiciary and the armed forces. The provisions of this law shall apply to members of the diplomatic and consular corps within the limits of provisions of the Diplomatic and Consular Corps Law No. 16 of 1959, as amended.

Article (3)

The Prime Minister and the Minister of Unity and Foreign Affairs shall implement this decree, which shall take effect on the issuance date thereof, and shall be published in the Official Gazette.

The Revolutionary Command Council

Saleh Masoud Abu Basir                                          Colonel / Muammar Gaddafi

Minister of Unity and Foreign Affairs                                 Prime Minister

Issued on 28 Muharram 1390 AH

Corresponding to 5 April 1970 AD