Decree No. (23) of 2009 on establishing a standing committee to monitor cases of Libyan prisoners abroad and defining its functions

General People’s Committee

Decree No. (23) of 1377 FDP (2009 AD)

on establishing a standing committee to monitor cases of Libyan prisoners abroad and defining its functions

General People’s Committee

Upon review of:

• The Great Green Charter of Human Rights in the Jamahiriyan Era;
• Law No. (20) of 1991 on promoting freedom;
• Law No. (1) of 1375 FDP on the work system of People’s Congresses and People’s Committees and the executive regulation thereof;
• Law No. (2) of 1369 FDP on political and consular work and the executive regulation thereof;
• Law No. (5) of 1373 FDP on correction and rehabilitation institutions and the executive regulation thereof;
• Law No. (6) of 1374 FDP on the justice system;
• The proposal of the Secretary of the General People’s Committee for Justice in Letter No. (1294) of 21/10/1376 FDP (2008 AD).
• The letter of the Notary Public of the General People’s Committee for Foreign Liaison and International Cooperation No. (1443) of 31/12/1376 FDP;
• The approval of the General People’s Committee in its second ordinary session of 1377 FDP;

has decreed:

Article (1)

A standing committee shall be established with the name “Committee to Monitor Cases of Libyan Prisoners Abroad” and shall be structured as follows:

1. Director of the Department of Consular Affairs in the General People’s Committee for Foreign Liaison and International Cooperation, as chairman;
2. Director of the Legal Affairs Department in the General People’s Committee for Foreign Liaison and International Cooperation, as member;
3. Representative from the General People’s Committee for National Security, as member;
4. Representative from the General People’s Committee for Justice, as member;

The competent Secretary or his equivalent shall appoint the representatives.

Article (2)

The committee formed by virtue of the previous article shall have the following competencies:

1. Tally the people sentenced to custodial penalties abroad, classify the crimes they committed, summarise the rulings issued against them, the durations of the penalties to which they have been sentenced, and the extent of the implementation thereof.
2. Activate the agreements entered into between the Great Jamahiriya and the States parties related to the exchange of prisoners and work on developing the same, in a manner that facilitates the task of exchanging prisoners on a wider scope.
3. Contact States parties and request that they undertake the processes necessary for the exchange of prisoners within the scope of the adopted agreements. Propose draft agreements to the states with which the Great Jamahiriya has not entered into agreements on these matters.
4. Visit Libyan prisoners abroad. Become acquainted with their problems, check up on their conditions, and enable their families to visit them periodically.
5. Repatriate Libyans sentenced to custodial penalties to the Great Jamahiriya upon agreement with the States parties on exchange processes, the expiration of the punishment’s duration, or the issuance of a pardon from the implementation of the penalty.
6. Coordinate with the States parties to issue decrees for mutual pardon for convicts from both countries pursuant to each country’s local legislation.
7. Provide aid and financial assistance to people sentenced abroad to custodial penalties for long periods of time that do not qualify for pardon and for whom the conditions of exchange do not apply. Visit them to check up on their physical and psychological states, and enable their families to visit them.

Article (3)

The committee shall submit periodic reports every three months to the General People’s Committee for Foreign Liaison and International Cooperation that display the results of the committee’s work progressively and demonstrate the difficulties and obstacles that hinder its workflow.

Article (4)

The General People’s Committee for Foreign Liaison and International Cooperation shall be responsible for supervising the committee’s work, adopting its minutes, taking measures, dispatching, transporting its chairman and members, and facilitating its tasks by coordinating with Libyan People’s Bureaus abroad. Each entity shall be responsible for covering the expenses of their delegates on missions related to the committee’s work.

Article (5)

The committee shall have a miniature administrative secretariat. It shall not exceed three persons that shall be delegated or assigned by virtue of a decree issued by the Secretary of the General People’s Committee for Foreign Liaison and International Cooperation. It shall be responsible for documenting the committee’s work and archiving its records, minutes, and reports.

Article (6)

Each committee member shall be responsible for preparing a detailed report on the results of the committee’s work. It shall be submitted to the sector with which it is affiliated. The relevant sectors shall prepare follow-up reports on the committee’s work, evaluate its activities, express their opinion thereon, and refer them to the General People’s Committee to adopt what it deems necessary in its regard.

Article (7)

This decree shall enter into force from its date of issuance and the competent authorities shall implement it.

General People’s Committee – Libya

Issued on: 3 Safar

Corresponding to: 29/01/2009 AD