Decree No. (1160) of 1990 on re-organising the Secretariat of Justice

General People’s Committee

Decree No. (1160) of 1990

on reorganising the Secretariat of Justice

The General People’s Committee

Upon review of:

• Law No. (11) of 1971 on civil defence;
• Law No. (87) of 1971 on the State Lawsuits Authority;
• Law No. (6) of 1972 on the police, and the amending laws thereof;
• Law No. (1) of 1976 on establishing the police academy and its by-laws;
• Law on the justice system issued by Law No. (51) of 1976;
• Law No. (55) of 1976 on civil service;
• Law No. (21) of 1977 on establishing a public safety commodity importing corporation;
• Law No. (4) of 1981 on establishing the Department of People’s Legal Defence;
• Law No. (13) of 1981 on people’s committees, and the amending laws thereof;
• Law No. (15) of 1981 on the salary system of national employees in the Great Socialist People’s Libyan Arab Jamahiriya;
• Law No. (18) of 1985 on local public security and the executive regulation thereof;
• Law No. (11) of 1988 on the Socialist Real Estate Register and the executive regulation thereof;
• Law No. (12) of 1988 on the Department of Socialist Real Estate Registration and Authentication;
• Law No. (7) of 1990 on narcotics and psychotropic substances;
• Law No. (10) of 1990 on reorganising the law practice and the executive regulation thereof;
• Resolution No. (3) of 1979 of the General Secretariat of the General People’s Congress concerning the competencies of the General Secretariat of the General People’s Congress that were entrusted to the Revolutionary Command Council;
• General People’s Congress Resolution No. (2) of 1990 on reorganising certain qualitative General People’s Committees;
• General People’s Committee Decree No. (867) of 1985 on establishing the judicial institute;
• General People’s Committee Decree No. (17) of 1987 on establishing the Internal Security Agency;
• General People’s Committee Decree No. (373) of 1989 on organising the Secretariat of Justice;
• General People’s Committee Decree No. (335) of 1990 on establishing the General Company for the Equipment and Maintenance of Justice Facilities;
• General People’s Committee Decree No. (772) of 1989 on establishing sectorial centres for information and documentation;
• The proposal of the Secretary of the General People’s Committee for Justice;
• The conclusions of the committee formed to study the organisation of secretariats;

has decided:

Article (1)

The General People’s Committee for Justice shall implement the resolutions of People’s Congresses related to the judiciary, law, security, and other affairs as stipulated by laws, regulations, and decrees, in particular:

1. Maintain security and public order by taking all the necessary measures and procedures in this regard in compliance with the provisions of the legislation in force;
2. Draft plans, conduct the necessary programs for their implementation based on their objectives related to the prevention and proactive deterrence of crimes, and take legal action in their respect.
3. Ensure the success of the practical applications of local people’s security, and produce the necessary executive programs to apply the theory that “Security is the responsibility of every citizen.”
4. Formulate and draft laws, regulations, and resolutions, and provide legal counsel to public entities at their request.
5. Defend the interests of the State and individuals before courts and judicial bodies inside and outside the country.
6. Prepare, train, and qualify the personnel of judicial bodies, the police, and local public security volunteers in coordination with the concerned entities.
7. Handle the affairs of judicial expertise, criminal investigation, and identity verification.
8. Handle the affairs of traffic on public roads, civil defence, call for help and rescue, and police aircraft.
9. Handle the affairs of reform and rehabilitation institutions.
10. Handle the affairs of passports, citizenship, personal ID cards, and foreigners’ residence, and control entry and exit via designated ports.
11. Oversee and inspect the work of entities affiliated with the Secretariat, and monitor the performance of their duties in accordance with the law.
12. Handle socialist real estate registration and authentication.
13. Conduct research and studies, analyse statistics to deduce results and thereupon propose and determine the policy aspects and general plans in its fields of work, and oversee their executing activities.

Article (2)

The General People’s Committee for Justice shall assume the competencies of the Supreme Council for Judicial Bodies as stipulated in the law on the judicial system issued by aforementioned Law No. (51) of 1976.

It shall also assume the competencies of the Police Affairs Council set forth by Law No. (6) of 1972 on the police and the amending laws thereof, as well as the competencies of the Supreme Council for Civil Defence set forth by aforementioned Law No. (11) of 1971.

Article (3)

The Secretary of Justice shall have an undersecretrary for judicial and legal affairs and an undersecretary for security affairs. Each undersecretary, within his mandate, shall exercise the competencies assigned to vice-chairmen in accordance with the legislation in force.

Each undersecretary shall assist the Secretary of the General People’s Committee for Justice in the performance of his duties related to the oversight of the work progress in the Secretariat and its affiliated entities under the supervision of the Secretary and within the departments and entities identified in the internal regulation of the Secretariat.

Article (4)

First: The organisational structure of the Secretariat shall be composed of the following:

1. Judicial bodies.
2. Committee Affairs Bureau.
3. Legal Office.
4. Follow-Up Office.
5. Arab and International Criminal Police Office.
6. Public Relations Office.
7. General Law Department.
8. General Department for Passports and Citizenship.
9. General Department for Operations and Coordination.
10. General Department for Security Affairs.
11. General Department for Combating Crimes of Narcotics and Psychotropic Substances.
12. General Department for Civil Defence.
13. General Department for Traffic Affairs.
14. General Training Department.
15. General Department for Administrative and Financial Affairs.

Second: The following entities shall be affiliated with the General People’s Committee for Justice:

1. Department of Socialist Real Estate Registration and Authentication.
2. Internal Security Agency.
3. Judicial Institute.
4. Police Academy.
5. Police High Schools.
6. Judicial Expertise and Research Centre.
7. Information and Documentation Centre.
8. Public Facility and Establishment Security Authority.
9. Public Safety Commodity Importing Co.
10. General Company for the Equipment and Maintenance of Justice Facilities.

Article (5)

Judicial bodies consist of the courts, prosecutions, and departments of inspection of judicial bodies, the State Lawsuits Authority, and the Department of People’s Legal Defence. They shall exercise their duties in accordance with their regulating legislation.

Article (6)

The Committee Affairs Office shall have the following responsibilities:

1. Organise the Secretary’s meetings and calls.
2. Collect the data and information requested by the Secretary.
3. Handle the archives affairs related to mail and information of special or confidential nature.
4. Prepare the meetings of the General People’s Committee for Justice, record and register the minutes of such meetings, and distribute the resolutions thereof.
5. Perform any other duty entrusted thereto.

Article (7)

The Legal Office shall have the following responsibilities:

1. Prepare and review draft regulations and decisions to be issued by the General People’s Committee for Justice.
2. Provide opinion and counsel in legal and organisational matters proposed by the Secretary or the vice-chairmen of the Secretariat.
3. Prepare and review draft laws and regulations pertaining to the sector.
4. Follow up on lawsuits filed by or against the Secretariat in coordination with the State Lawsuits Authority.
5. Draft and review contracts and agreements that are concluded by the Secretariat.
6. Attend meetings as delegated by the Secretary or either undersecretaries.

Article (8)

The Follow-Up Office shall have the following responsibilities:

1. Count and compile the resolutions of Basic People’s Congresses and those of the General People’s Committee pertaining to the justice sector, monitor their implementation with the competent entities at the Secretariat upon their issuance, prepare the necessary reports thereon, and coordinate with the competent department at the General People’s Committee in this respect.
2. Monitor the implementation of the resolutions or directives issued by the General People’s Committee for Justice, and submit periodic reports thereon.
3. Collect and summarise the minutes and resolutions of People’s Committees for Justice in the municipalities, present the same to the Secretary, and monitor the execution of his remarks thereon.
4. Monitor the implementation of bilateral, regional, and international agreements related to justice in coordination with the competent entities.
5. Maintain reports of official delegations participating in international conferences and conventions, and monitor the execution of any procedure taken in their regard.
6. Perform any other duty entrusted thereto.

Article (9)

The Arab and International Criminal Police Office shall have the following responsibilities:

1. Cooperate with Arab and international criminal police organisations in the fight against crimes and the apprehension of wanted persons.
2. Conduct inquiries and collect evidence related to wanted persons with Arab and international criminal police offices, and arrest them.
3. Cooperate with the competent entities regarding reception and extradition of criminals in accordance with the laws and bilateral, regional, and international agreements.
4. Create and keep files, cards, registers, and other records pertaining to international criminals.
5. Participate in Arab and international conferences and conventions against crimes, and prepare the data and studies related thereto.
6. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation or agreements in force.

Article (10)

The Public Relations Office shall have the following responsibilities:

1. Receive guests, organize their appointments in coordination with competent departments or offices, and complete the procedures thereof.
2. Handle public relations affairs with regard to the Secretariat’s personnel.
3. Strengthen relations between employees, and identify and address their problems.
4. Organize social, cultural and sports activities for employees and set up programs to enable participation in such activities in coordination with the competent entities.
5. Raise citizens’ awareness regarding the concept of local people’s security, raise the awareness of police officers, local people’s security volunteers, and other citizens concerning the fight against crime and crime prevention through various media outlets, and conduct lectures and cultural forums for this purpose.
6. Define the activity of the Secretariat and its affiliated entities through the media.
7. Follow up on proposals or announcements regarding the work or functions of the Secretariat, submit a summary thereof to the Secretary, and execute his directives in this regard.
8. Provide the Secretariat with the required books, references, publications, magazines, and bulletins specialised in its area of activity.
9. Receipt complaints and present them to the Secretary with the necessary relevant observations.
10. Perform any other duty entrusted thereto.

Article (11)

The General Law Department shall have the following responsibilities:

1. Draft laws and regulations.
2. Provide legal counsel on the proposals submitted thereto by people’s committees, secretariats, public agencies, institutions, establishments, or corporations, or those where such entities hold capital shares.
3. Participate in the work of committee and councils where the presence of the director or any member of the General Law Department is required by legislation.
4. Oversee the library, and prepare, oversee the publication of, and distribute the Official Gazette.
5. Handle the other affairs that fall under its jurisdiction or that are assigned thereto by the legislation in force.

Article (12)

The General Department for Passports and Citizenship shall have the following responsibilities:

1. Issue and grant passports and travel documents.
2. Produce the standard manual and standard form of passports and travel documents, and print and distribute the same.
3. Handle citizenship affairs in accordance with the legislation in force.
4. Handle the affairs pertaining to personal identification cards.
5. Control entry and exit into and from Libya through the designated ports.
6. Handle the affairs pertaining to foreigners’ residence, visas, banishment, and deportation.
7. Conduct affairs pertaining to the creation, arrangement, classification, organisation, and keeping of files, registers, and documents related to foreigners and the standard manual across Libya.
8. Conduct affairs related to passports at the consular divisions of people’s and brotherhood bureaus.
9. Participate in committees and meetings pertaining to its field of work, whether inside or outside the country.
10. Provide other security entities with sufficient data and information when requested.
11. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the provisions of the legislation in force.

Article (13)

The General Department for Operations and Coordination shall have the following responsibilities:

1. Conduct central rescue patrols, coast guard duties, and desert patrols in coordination with the competent entities.
2. Carry out the duties pertaining to police aircraft and boats.
3. Support municipalities in terms of human resources.
4. Carry out research, inquiry, and information gathering regarding infiltrators into Libya, and combat infiltration in coordination with the concerned entities.
5. Carry out secured (coded) communications.
6. Create, coordinate, and maintain wired and wireless communication systems.
7. Manage a central security operations room.
8. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation in force.

Article (14)

The General Department for Security Affairs shall have the following responsibilities:

1. Propose and oversee the implementation of security plans pertaining to the maintenance of security and public order.
2. Propose security plans pertaining to crime prevention and the fight against it in coordination with the competent divisions at the municipalities.
3. Coordinate with the department of local public security in municipalities, solve technical and organisational impediments to the performance of its duties, monitor its work, and prepare periodical reports thereon.
4. Carry out identity verification, and gather criminal evidence and traces.
5. Conduct research and studies on crimes, and provide and develop the necessary equipment and tools to improve performance.
6. Propose the methods, parameters, and procedures for admitting and training the volunteers of local public security, and increase the efficiency of their job performance.
7. Assess the needs of the practical programs of local public security, and collect data on the volunteers and the departments, branches, and divisions of local public security in municipalities and all related equipment and media.
8. Contribute to the management of mobilisation and orientation programs to exhort citizens to enlist in local public security.
9. Prepare studies and plans related to reform and rehabilitation institutions, collect data and statistics thereon, and submit periodical reports thereon.
10. Compile criminal statistics, receive daily reports of major crimes and dangerous incidents from the competent municipal department, and produce a daily bulletin in this regard.
11. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation in force.

Article (15)

The General Department for Combating Crimes of Narcotics and Psychotropic Substances shall have the following responsibilities:

1. Propose general and detailed plans for combating narcotics and psychotropic substances inside Libya.
2. Examine the issue of the smuggling of narcotics and psychotropic substances into Libya, and identify their sources, methods, and organisations or the entities, individuals, or organisations suspected of being involved in this trade.
3. Adopt positive and preventive security methods to prevent the entry of narcotics and psychotropic substances into Libya, prohibit their culture, trade, exchange, or consumption for purposes other than those authorised by law.
4. Look into ways of using bilateral, regional, and international agreements against the illegal use of narcotics and psychotropic substances, and make use of the information on narcotics and psychotropic substances and their sources and trafficking methods available with international organisations, agencies, and institutions.
5. Gather information and record comprehensive data on narcotic and psychotropic substance addicts and on dangerous criminals with prior convictions for smuggling or trade in such substances, and propose the necessary means to address this issue.
6. Look into the technical tools and methods used to detect narcotics and psychotropic substances.
7. Prepare awareness programs to highlight this dangerous epidemic in coordination with the Public Relations Office and the other concerned entities.
8. Conduct relevant cultural activities, research, and forums, and use their outcome to increase personnel efficiency and knowledge.
9. Coordinate the efforts to combat such crimes in municipalities, and exchange prompt and confidential information to implement plans to combat such crimes.
10. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation in force.

Article (16)

The General Department for Civil Defence shall assume the competencies set forth in aforementioned Law No. (11) of 1871 on civil defence. It shall also perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation in force.

Article (17)

The General Department for Traffic Affairs shall have the following responsibilities:

1. Propose the necessary plans to apply traffic rules and regulations on public roads in a standardised manner in all municipalities in accordance with the relevant laws and regulations.
2. Carry out planning in traffic engineering, engage in road planning in general and urban road planning in particular, and study the distribution of guiding traffic signs in coordination with the traffic departments of municipalities and other concerned entities.
3. Propose suggestions concerning the development of traffic tools and equipment and their methods of use.
4. Organise procedures pertaining to motor vehicles, driver’s licences, movement permits, and licence plates; and standardise the applicable procedures for the acquisition, renewal, or cancellation of such licences, including their designs and the standardised templates used in this respect.
5. Monitor research and developments pertaining to traffic systems, traffic control, and relevant legislation, and use the same to develop the applicable systems.
6. Guide and coordinate the efforts of traffic departments and units in various municipalities, and assume technical supervision thereof to ensure implementation of general plans and improved performance.
7. Conduct central traffic patrols on highways and costal roads outside urban networks, establish communication therewith, and monitor traffic security on such roads.
8. Gather information, statistics, and data pertaining to traffic security personnel, including human resources, tools and methods; assess performance and ensure the most appropriate use thereof; propose the necessary plans to increase the efficiency of the concerned personnel, and train such personnel in coordination with the concerned entities.
9. Gather information, statistics, and data pertaining to driver’s licences, motor vehicles, accidents, traffic misdemeanours and violations; classify, categorise, and analyse the same; identify their trends and make them available for planning and research purposes in cooperation with the competent municipal departments.
10. Raise awareness on traffic and safety rules related to road and vehicle use.
11. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation in force.

Article (18)

The General Training Department shall have the following responsibilities:

1. Propose training and qualification plans for the members of the judicial sector and the local public security based on proposals made by the concerned departments.
2. Propose the necessary training and qualification curricula and programs to increase the efficiency of personnel in this sector.
3. Monitor affairs pertaining to sessions and scholarships inside and outside the country, in cooperation with the concerned entities.
4. Provide the means and needs of training and qualification.
5. Produce training and qualification statistics and data.
6. Oversee training and qualification institutions, i.e. training centres and institutes, police science high schools, and the Police Sports Union.
7. Handle training and participate in various sports activities through the Police Sports Union.
8. Perform any other duty entrusted thereto or falling under its jurisdiction in accordance with the legislation in force.

Article (19)

The Administrative and Financial Affairs Department shall have the following responsibilities:

1. Handle the service affairs of the sector’s personnel, including assessment of the Secretariat’s needs for employees of various specialisations in respect to the modification of the staff, arrange and classify positions on a yearly basis, and take the procedures relating to appointment, promotion, transfer, re-assignment, secondment, and other professional affairs, in accordance with the legislation regulating professional affairs.
2. Organise and monitor the attendance and departure of employees, prepare daily shift schedules, oversee and monitor their application, and report any negligence in this respect.
3. Maintain the personal files of the Secretariat’s personnel, the staff and seniority registers, and the cards pertaining to professional life.
4. Prepare the meetings of the personnel committee and the personnel disciplinary board, assume the functions of their secretariats, and take the necessary procedures to implement their decisions.
5. Produce the Secretariat’s budget assessments, keep the necessary records in this respect, and monitor disbursement of budget items in accordance with applicable legislation and financial systems.
6. Prepare salary slips and other benefits, and complete the procedures related to their payment.
7. Handle the affairs pertaining to contracts, supplies, warehouses, procurement, works, and vehicles, in addition to affairs pertaining to the Secretariat’s printing section.
8. Handle affairs pertaining to management of the social care fund of police officers, clubs, and stores.
9. Handle affairs pertaining to the Secretariat’s archives, which include receiving incoming letters and memoranda, transferring outgoing correspondence and letters, recording the same in the designated register, and keeping documents in their designated files based on the approved classification.
10. Perform any other duty falling under its jurisdiction or entrusted thereto in accordance with the provisions of the legislation in force.

Article (20)

Without prejudice to the competencies prescribed for the General People’s Committee for Justice in accordance with the legislation in force, the General People’s Committees for Justice in municipalities shall maintain security and public order, prevent, fight, and deter crimes, and execute the plans related to judicial and security affairs within the municipal scope under the supervision of the General People’s Committee for Justice.

Article (21)

Without prejudice to the relevant competencies prescribed for the General People’s Committee for Justice in accordance with the legislation in force, the first instance, district, and criminal courts, their affiliated prosecutions, and the branches and bureaus of the State Lawsuits Authority and the Department of People’s Legal Defence shall be administratively and financial affiliated with the General People’s Committee for Justice of the municipality where such judicial bodies are located.

Article (22)

The entities and agencies affiliated with the Secretariat and set forth in Article (4) hereof shall exercise their competencies in accordance with their regulating legislation.

Article (23)

The internal regulation of the Secretariat of Justice shall be determined by a decree by the General People’s Committee for Justice without contravening the provisions of the present decree.

Article (24)

General People’s Committee Decree No. (373) of 1989 on organising the Secretariat of Justice shall be repealed. Any other provision that contravenes the provisions of the present decree shall also be repealed.

Article (25)

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

General People’s Committee – Libya

Issued on 19 Jumada al-Oula 1400 FDP

Corresponding to 6 December 1990 AD