Decree No. (178) of 2006 on the organisation of the Judicial Police

Decree by the General People’s Committee

No. (178) of 1374 FDP (2006 AD)

on the organisation of the Judicial Police

The General People’s Committee

Upon review of:

• Law No. (1) of 1369 FDP on People’s Congresses and People’s Committees and the executive regulation thereof;
• Law No. (55) of 1976 AD issuing the Civil Service Law;
• Law No. (5) of 1373 FDP on reform and rehabilitation institutions and the executive regulation thereof;
• General People’s Congress Decree No. (5) of 1374 FDP on the establishment of the Financial Audit Service;
• General People’s Committee Decree No. (72) of 1372 FDP on reorganizing the administrative unit of the General People’s Committee for Justice;
• General People’s Committee Decree No. (75) of 1374 FDP adopting some provisions pertaining to the powers of the General People’s Committee for Justice;
• Based on the proposal of the secretary of the General People’s Committee for Justice in his letter No. (2109.2.8) on 04/07/1374 FDP;
• On the decision of the General People’s Committee in its second ordinary session in 1369 FDP;
• And on the decision of the secretariat of the General People’s Committee in its twenty-third ordinary session in 1374 FDP;

has decreed:

Article (1)

The Judicial Police, established in accordance with the aforementioned Law No. (5) of 1373 FDP, shall be organized in accordance with the provisions of this law.

Article (2)

The Judicial Police shall possess legal personality and independent financial liability and be subordinate to the General People’s Committee for Justice.

Article (3)

The Judicial Police shall be headquartered in the city of Tripoli in the Great Jamahiriya and may have branches inside the country. The secretary of the General People’s Committee for Justice shall issue a decree regarding such branches.

Article (4)

The Judicial Police shall undertake the management and administrative and technical supervision of reform and rehabilitation institutions; the implementation of related legislation; the application of international standards concerning prisons, in order to reform and rehabilitate prisoners through appropriate scientific methods; and the enforcement of judicial rulings and orders. In order to fulfill its duties, the Judicial Police shall have the following powers:

1. Develop the necessary executive programs in the field of reform, rehabilitation, and care of the prisoners.
2. Execute judicial declarations, notifications, orders, and rulings issued by courts and prosecutors.
3. Carry out research and studies that aim to develop reform and rehabilitation institutions and make use thereof in the scope of operation of the Judicial Police.
4. Work on providing the technical means and media used in reform and rehabilitation institutions to tighten security control over the institutions and organize their operation.
5. Develop and implement health programs with relevant civil and official bodies.
6. Hold and participate in scientific seminars and conferences related to the field of reform and rehabilitation.
7. Study legislation relating to reform and rehabilitation and propose amendments in order to keep pace with ongoing progress in this area.
8. Provide opinions on bilateral, regional, and international agreements relating to the work of reform and rehabilitation institutions.
9. Cooperate with Arab and international counterparts, including Arab, regional, and international organisations concerned with prisons to benefit from their expertise and capabilities in this field.
10. Attend local, Arab, and international forums, seminars, and meetings on prisons, according to the regulations set forth for such purpose.
11. Study the phenomenon of overcrowding in reform and rehabilitation institutions and its causes, develop indicators, and draw conclusions.
12. Launch research and investigation work, collect evidence in crimes related to the application of the provisions of the reform and rehabilitation institutions law, and act upon them according to the law.
13. Train and qualify specialised personnel in the field of reform and rehabilitation, in coordination with the competent authorities, and propose training and rehabilitation programs domestically and abroad in order to improve the efficiency of the workers in the Judicial Police.
14. Guard the headquarters of judicial bodies and ensure the protection of their members while performing their duties.
15. Maintain order and security in the headquarters of judicial bodies and prevent anything that may disrupt the order of hearings.

Article (5)

The Judicial Police shall have a chairman, appointed to his function by virtue a decree by the General People’s Committee, at the proposal of the secretary of the General People’s Committee for Justice.

Article (6)

The chairman of the Judicial Police shall be responsible for managing the Judicial Police, conducting its affairs, managing its operation, and directly supervising the organisational structure of the Judicial Police and its subordinate entities. He shall, in particular, be responsible for the following:

1. Propose the Judicial Police’s financial, administrative, and technical regulations and refer them to the secretariat of the General People’s Committee for Justice for issuance.
2. Issue decisions related to the professional affairs of employees in the Judicial Police within the limits set forth and stipulated in the legislation in force.
3. Address the competent authorities regarding the issuance of decisions relating to official duties and training courses, domestically and abroad, on the work of the Judicial Police, according to the list of benefits and the housing allowance and the provisions of other relevant legislation.
4. Draw up the draft budget and the final accounts of the Judicial Police.
5. Represent the Judicial Police before the courts and in its relations with third parties.

Article (7)

The Judicial Police shall have an independent budget that shall be drawn up in accordance with the accounting systems in force. The Judicial Police’s fiscal year shall start and end with the State’s fiscal year. The first fiscal year shall start on the date this law enters into force and end with the end of the next fiscal year.

Article (8)

The Judicial Police shall have one or more bank accounts to deposit its funds and revenues. They shall be disbursed from in accordance with the legislation in force.

Article (9)

The Judicial Police’s financial resources shall consist of:

1. Revenues resulting from the performance of its duties.
2. Its allocations in the State’s general budget.
3. Any other resource it is authorised to receive.

Article (10)

The Financial Audit Service shall inspect and review the accounts of the Judicial Police in accordance with the provisions of the legislation in force.

Article (11)

The organisational structure of the Judicial Police shall consist of a number of organisational divisions that shall be determined along with their powers by virtue of a decision by the secretary of the General People’s Committee for Justice, without prejudice to the provisions of this decree and after the approval of the secretariat of the General People’s Committee for Manpower, Training, and Employment.

Article (12)

Any provision contrary to the provisions of this decree shall be repealed.

Article (13)

This decree shall enter into force from its date of issuance. The entities concerned shall implement it and it shall be published in the Code of Procedure.

The General People’s Committee — Libya