قرار رقم (312) لسنة 1995 بشأن اللائحة التنفيذية لقانون الأمن والشرطة

General People's Committee

Decree No. (312) of 1424 FBP

on the executive regulation of the Law on Security and Police

The General People's Committee

Upon review of:

• Law No. (10) of 1992 on issuing the Law on Security and Police;
• Law No. (3) of 1423 FBP on the people's committees and the executive regulation thereof;
• Law No. (18) of 1423 FBP on the establishment and organisation of people's courts in the basic people's congresses and the executive regulation thereof issue by virtue of General People's Committee Decree No. (303) of 1423 FBP;
• General People's Committee Decree No. (139) of 1423 FBP on the executive regulation for the Law on Security and Police;
• The conclusions of the General People's Committee for Justice and Public Security in its second ordinary session of 1424 FBP;
• The decisions of the General People's Committee in its first ordinary session of 1424 FBP;

has decreed:

Article (1)

Local people's security shall be the responsibility of all citizens residing within the district of the Basic People's Congress and shall be performed by alternation between them on a voluntary basis. This shall be under the supervision of the People's Committee of the Basic People's Congress pursuant to the provisions of said Law No. (3) of 1423 FBP and the procedures and methods stipulated in this regulation.

Article (2)

A centre for local people's security shall be established within the jurisdiction of each basic people's congress. The jurisdiction thereof shall be within the geographical scope of the Basic People's Congress.

Article (3)

The local people's security centre shall be comprised of local people's security volunteers in the congress. Work therein shall be alternated between the volunteers under the supervision of a member of the General People's Committee for Justice and Public Security in the congress.

Article (4)

The local people's security centre shall be responsible, under the supervision of a member of the General People's Committee for Justice and Public Security in the Basic People's Congress, for security within the scope of the Basic People's Congress in accordance with the following:

1. Implement the local people's security program within the congress to ensure the contribution of citizens in preserving the Jamahiriyan system based on the authority of the people, the protection of security, order, human lives, honour and properties in accordance with the programs drafted by the People's Committee in the Basic People's Congress.
2. Take legal procedures in misdemeanours and offences that occur within the scope of the congress, as well as crimes committed within the competencies of the people's court in the Congress.
3. Monitor the activities and trends that are hostile to the security of the Great Jamahiriya and the People's Authority.
4. Survey the movement of foreigners and foreign delegations.
5. Review requests and documents related to passport, identity card, criminal status certificate and license affairs, and ensure their validity and conformity to the legally prescribed conditions thereof.
6. Tally the residents within the scope of the Congress in terms of citizens, Arabs and foreigners in special records for each category in accordance with the approved forms.
7. Contribute to the implementation of civil defence program in the Congress.
8. Prepare regular reports on the state of security within the scope of the Congress and send them to the competent authority.
9. Participate in implementing the security strategy in cooperation with the public security agencies.
10. Security participation in people's celebrations and the equivalents thereof in terms of forums within the Congress.
11. Coordinate with the competent authorities to implement self-security programs within public and private institutions.

Article (5)

A number of necessary records and forms shall be prepared in each centre to organise and manage the local people's security program, especially the following:

1. Record of volunteer enrolment.
2. Record of notices and information and the procedures taken in this regard.
3. Record of daily employee work rotation.
4. Record of registered Libyans residing within the scope of the Congress.
5. Record of registered Arabs residing within the scope of the Congress.
6. Record of registered foreigners residing within the area of the Congress.
7. Record of daily crimes.
8. Form for volunteering with local people's security.
9. Volunteer identity card.

Article (6)

Volunteers in the local people's security shall meet the following conditions:

• Be a Libyan Arab.
• Be a resident of a Basic People's Congress district.
• Be at least 18 years of age.
• Be physically fit.
• Have good conduct and behaviour.
• May not have been convicted in a felony, misdemeanour of moral turpitude or a crime punishable by hudud punishments.

Article (7)

The rules, provisions and procedures in effect in relation to members of the Police Agency shall be applicable to local people's security volunteers in regards to compensation for damages caused thereto during or because of their performance of their work in the local people's security.

Article (8)

The General People's Committee for Justice and Public Security shall issue a decree defining the terms, conditions and seniority system rules for local people's security volunteers.

Article (9)

Local people's security volunteers shall be granted financial compensation. The value and granting thereof shall be determined by virtue of a decree issued by the People's Committee of the Basic People's Congress. The value thereof shall be covered by the budget of the People's Committee of the Congress.

Article (10)

Local people's security volunteers may be granted financial or moral promotional incentives in accordance with the level at which the volunteer carries out his duties, combats crime and avoids the same in the protection of human lives, honour and properties, as well as preserves and maintains the capabilities of the people.

Article (11)

Without prejudice to any disciplinary procedures, local people's security volunteers shall be prohibited from receiving remuneration during periods of his absence from volunteer work without permission or reasonable excuse.

Article (12)

The following shall be required of local people's security members:

1. Adhere to the local people's security programs and perform his duties with honesty and trust.
2. Cooperate with his colleagues in the performance of duties.
3. Prevent the violation of laws and regulations in effect or negligence in the application thereof.
4. Preserve secrets to which he is exposed by virtue of the performance of his duties.
5. Take immediate action against any activity that prejudices the security of the Great Jamahiriya.
6. Show restraint during the performance of his duties.

Article (13)

Local people's security volunteers shall be prohibited from the following:

1. Being absent from work entrusted thereto without permission or reasonable excuse.
2. Violating commands and instructions issued in regards to work.
3. Deviating from the necessities of the duty entrusted thereto.
4. Exploiting the position thereof to achieve a personal benefit.
5. Keeping for himself the original or a copy of any official document, or removing the original or a copy thereof from official files.
6. Neglecting, damaging or failing to preserve machinery, equipment, tools, weapons and ammunition.
7. Deviating from the necessity of the duty or duties stipulated in this regulation.

Article (14)

Without prejudice to the penalties stipulated in the Penal Code or any other law, local people's security volunteers that violate the duties or commit any of the prohibited actions stipulated in this regulation shall be disciplinarily subjected to one of the following penalties:

• Warning.
• Deduction from remuneration.
• Confinement in the headquarters.
• Confinement in the room.
• Termination of volunteer work in local people's security.

Article (15)

Warning may not be inflicted more than one time during a single year. The penalty of deduction from remuneration may not exceed two days at a time, and fifteen days per year. The confinement duration may not exceed five days at a time.

The confined person shall receive his full remuneration during the period of his confinement. The confined person shall not be exempt from performing his work in the headquarters. He shall not be permitted to receive visitors.

Article (16)

Local people's security volunteers shall be tried by a disciplinary council chaired by the head of the local people's security and with volunteers from the local people's security that are more senior than the accused as members.

The council shall be formed by virtue of a decree issued by a member of the General People's Committee for Justice and Public Security in the Basic People's Congress.

Article (17)

In conviction cases, the disciplinary council may inflict any of the disciplinary penalties stipulated in this regulation. The penalty shall only enter into force after being approved by a member of the General People's Committee for Justice and Public Security in the Basic People's Congress.

The convicted person may lodge an appeal with the Secretary of the People's Committee of the Basic People's Congress within one week from the date of being notified of the penalty. The Secretary shall submit a justified decree either rejecting the appeal, mitigating the penalty or returning it for trial by a different entity.

Article (18)

A penalty may only be inflicted on a local people's security volunteer after hearing the testimony thereof and investigating his defence in a written report.

A maximum of one penalty may be imposed for a single act.

The decree issued to impose a penalty must be justified.

Article (19)

The investigation procedures for local people's security volunteers as well as the disciplinary measures therefor shall be determined by virtue of a decree issued by the General People's Committee for Justice and Public Security.

Article (20)

Local people's security volunteers shall bear the approved local people's security badge, as well as an identification card designated for this purpose.

Article (21)

A training course in the field of security shall be convened for local people's security volunteers.

Article (22)

The work of local people's security volunteers shall be terminated in the following cases:

1. Health-related inability to perform the voluntary work.
2. Transfer of place of residence to outside of the Basic People's Congress district.
3. Conviction in a felony, a misdemeanour of moral turpitude or a crime punishable by a hudud punishment.
4. If the volunteer's deviance becomes apparent in a way that affects his performance of voluntary work. This shall not prejudice the necessary procedures imposed by the law.
5. Resignation.

Article (23)

Local people's security volunteers may carry the necessary weapons, ammunition and equipment while undertaking their duties in accordance with the organising regulations therefor.

Article (24)

Police centres falling with more than one Basic People's Congresses falling within their scope shall be responsible for the following:

1. Receive local people's security centre notifications in relation to cases that fall outside of the scope of its jurisdiction.
2. Provide security support whenever necessary.
3. Provide technical assistance in the field of investigating and uncovering crimes, and apprehending the perpetrators thereof.
4. Supervise the implementation of training programs for local people's security volunteers within the scope of the competency thereof in cooperation and coordination with a member of the General People's Committee for Justice and Public Security in the Congress.

Article (25)

In addition to the other legally prescribed competencies, the General Directorate of Local People's Security shall monitor the implementation of approved local people's security plans and programs, prepare periodic reports thereon, and present them thereto.

Article (26)

The organisational structure of the local people's security in the Basic People's Congress shall be determined by virtue of a decree issued by the People's Committee of the Basic People's Congress.

Article (27)

General People's Committee Decree No. (139) of 1423 FBP on the executive regulation for the Law on Security and Police shall be repealed. Any provision contrary to the provisions of this decree shall also be repealed.

Article (28)

This decree shall enter into effect from its date of issuance. It shall be published in the Official Gazette.

The General People's Committee - Libya

Issued on: 07/Jumada al-Akhera

Corresponding to: 01/November/1424 FBP