Decree No. (919) of 1981 on organising inspection of members of the Department of Legal Defence

General People’s Committee for Justice

Decree No. (919) of 1390 FDP / 1981 AD

on the regulations for inspection of members of the Department of Public Legal Defence

The Secretary of the General People’s Committee for Justice,

Upon review of:

• Law No. (4) of 1981 on the establishment of the Department of People’s Legal Defence;
• The General People’s Committee for Justice Decree issued on 13 Rajab 1390 FDP, corresponding to 16 May 1981 AD, on the implementing regulations of said Law;
• Based on the approval of the General People’s Committee for Justice;

has decreed:

Article (1)

An agency shall be established at the headquarters of the Department of Public Legal Defense in Tripoli called the Agency for the Investigation of Members of the Department of Public Legal Defense. This agency shall hold competence to investigate the activities of department members at branches, offices, and divisions. The agency shall consist of a chairman and a sufficient number of deputies and inspectors, who shall be lawyers assigned to work at the agency for a renewable period of two years. Assignments shall be made by a decree from the Secretary of the General People’s Committee for Justice, based on a proposal of the head of the department. The grade of the head of the inspection agency shall not be lower than an attorney from category (a) and the grade of the deputies and inspectors not lower than an attorney from category (c).

Article (2)

The agency shall perform technical and periodic inspections of department members at branches, offices, and divisions up to the grade of an attorney from category (b) at the time and certain members, starting from outside the judicial bodies and above such grade within the two years following their appointment, to collect information that allows for ascertainment of their competence level and extent to which they observe the performance of their duties and the honour of their profession, and to learn the extent to which the branch, office, and division heads supervise the activities of the members affiliated thereto and the employees they manage.

The investigating agency shall handle complaints submitted by or against department members or related to the work thereof and anything that violates the honour of their profession or relates to their reputation and conduct. When required, branch and office heads may be tasked to examine the complaints submitted against members affiliated thereto and submit reports on the results of this examination to the head of the inspecting agency, who in turn shall submit it to the department head, along with his opinion thereon.

The inspection agency shall also collect the required information and data on candidates for appointment to positions in the Department of Public Legal Defense from outside the judicial and prosecution corps and other judicial bodies.

This Article shall apply to members seconded to work in the Department of Public Legal Defense, assigned thereto, or appointed thereto by contract.

The agency shall monitor the work flow and discipline at department branches, offices, and divisions.

Article (3)

The head of the inspection agency shall distribute work to deputies and inspectors so as to ensure the full performance of the agency’s duties.

If absent or if an impediment arises that prevents the performance of their work, the head shall be replaced by the most senior deputy then inspector in order of seniority.

Article (4)

Inspectors may not hold a grade lower than the person being inspected. If they hold the same grade, the inspector may not follow them in seniority.

Article (5)

The inspection agency shall conduct periodic inspections of branches, offices, and divisions at least twice a year. The inspection shall include cases of all types initiated by the branch, office, or division and the state of work thereon. The inspection head shall submit to the secretary of the People’s Committee for Justice in the competent municipality and to the department head a report containing the extent of the branch, office, or division head’s supervision and monitoring of the work flow, and their supervision of the administrative and clerical body affiliated thereto. They shall also record therein any work flow deficiencies or shortcomings that they discover and their recommendations thereon.

Department members shall undergo technical inspection at least once a year, and such must be conducted whenever requested by the secretary of the General People’s Committee for Justice, the secretary of the People’s Committee for Justice in the competent municipality, or the department head. The agency head, secretary, or department head, as the case may be, shall specify the period wherein the activities performed by the member shall be inspected. Inspection reports shall be submitted within two months at most from the beginning of the investigation of the inspected person.

Article (6)

The inspection shall examine and review a sufficient number of cases and procedures performed by the member within a period of not less than three consecutive months and not more than one year. The person inspected may present to the inspector ten cases of their choosing within the inspection period on a date set by the inspector, in order to learn from all the activities inspected and reviewed the extent of the member’s activity and commitment to their work in terms of attendance of sessions, pursuing and reviewing cases, bringing together the elements thereof, writing memorandums, not requesting unnecessary adjournment of cases, persistence in exchanging memorandums and filing them on the set dates, and any errors or deficiencies in the member’s work while stating where they were correct.

The inspector’s report shall also consider the soundness of the member’s assessment of the facts submitted thereto and the sound legal characterisation thereof, the extent to which they follow jurisprudential and judicial activity, and the extent of their preparation for oral argument and their ability to respond to any pleas or defences the opponents or prosecution might make in the trial sessions.

Article (7)

The inspector shall file a report on the investigation results by the deadline set out in Article (5). The report must contain a statistical list of the cases initiated by the member, the number of cases examined and reviewed and the inspector’s notes thereon, and the elements and data allowing for an understanding of their technical ability.

The inspector must include in their report areas of error or shortcoming, note the activities the member performed well, and mention the leaves taken by the member during the inspection period. The report shall include the inspector’s opinion on the inspected person’s level of competence and anything learned about their reputation.

Article (8)

The head of the inspection agency may form one or more committees presided over by a deputy of the agency and having as members at least two members thereof, provided they are not members of the inspection committee that wrote the report.

The committee shall examine the investigators’ reports and assess the member’s level of competence from the sum of the reports prepared thereon during the judicial year. In doing so, the committee may seek any clarifications from the inspector or person inspected that they deem necessary or conduct any report elements they view necessary for the completion thereof. The committee shall record their decision in writing and it shall be signed by all members and filed in the inspected person’s file.

Article (9)

Assessment of members’ competence level shall be one of the following:

Competent – Above average – Average – Below average

Article (10)

The report shall be placed in the file of the inspected member and a copy thereof shall be sent to them indicating the conclusion reached by the committee by confidential registered letter with return receipt. The member shall have the right to challenge the report within fifteen days from the date of their notification.

Article (11)

If a member challenges a report, the committee referred to in Article (8) shall examine the challenge and make a decision thereon. The challenge accompanied by the committee’s opinion shall be placed in the member’s file. In the event that any notes contained in the report are removed or the member’s competence level is changed, such shall be indicated on the original report.

In all cases, the member shall be notified of the results of the examination of the challenge submitted thereby and the conditions and procedures set out in the Article referred to in the preceding paragraph shall be followed in reviewing the challenge.

Article (12)

Assessments of competence level shall be final if no challenge is filed by the set date or a decision is issued on the challenge submitted with regard thereto.

The head of the inspection agency shall prepare a list of names of members who have received two successive reports with the degree of “below average” or three successive reports with a grade of “average” and forward it to the department head that shall handle notification of the secretary of the General People’s Committee for Justice and the secretary of the People’s Committee for Justice in the competent municipality.

Article (13)

Upon performance of a periodic inspection of department members at branches, offices, and divisions, inspectors shall write a special report on the lawyers in training working therein, stating the technical level of each, the extent of their interest, dedication, and enthusiasm for their work, and any possible shortcomings in their professional or personal conduct. The head of the competent branch or office shall submit to the head of the agency a similar report every four months on the activities of lawyers in training working under their supervision.

Article (14)

At the end of the training period, the competent inspector shall prepare a report on the activities of lawyers in training in light of all reports submitted thereon during the period, stating the opinion on the extent of their suitability to be a member of the legal profession.

The report shall be submitted to the committee set out in Article (8) which will assess, based on the rules and procedures provided thereon, the competence and suitability of the lawyer in training.

The department head shall notify the secretary of the General People’s Committee for Justice and the secretary of the People’s Committee for Justice in the competent municipality of the results of the investigation, and the extent of the suitability of the layer in training to continue their work.

Article (15)

Each member of the department including head and deputies shall have a confidential file kept at the headquarters of the inspection agency. All papers related to their status and reputation, observations made thereon, reports prepared on them by heads of branches, officers, and inspectors, and commendation letters, punitive decisions, and complaints filed by or against them shall be kept in this file.

The member shall be informed of any observations or other papers related to their position or conduct placed in their file.

Article (16)

A confidential register shall be created, kept at the headquarters of the inspection agency, and a page shall be prepared for each member recording a full summary of the contents of their confidential file concerning their status in terms of competence and care for the job, honesty, integrity, and the opinions of successive inspectors thereon.

Article (17)

The files and registers set out in Articles (15) and (16) shall be confidential, and may not be accessed by anyone except by written request from the member themselves, from the secretary of the General People’s Committee for Justice, the secretary of the People’s Committee for Justice in the competent municipality, the department head, or any competent judicial body.

Article (18)

The inspection agency shall record the complaints received against any department member in a special register by date received and indicate the actions undertaken with regard thereto.

Article (19)

No measures may be instituted against a member in any complaint unless the name and residence of the person submitting the complaint is stated therein along with the facts attributed to the person against whom the complaint was filed, unless the complaint contains facts that the secretary of the General People’s Committee for Justice, the secretary of the People’s Committee for Justice in the competent municipality, or the head of the department deems worthy of examination or investigation.

Article (20)

If the cause of the complaint is a technical error or the situation calls for directing a technical observation to a member against whom a complaint has been made with regard to their actions, the matter shall be submitted to the committee referred to in Article (8) which will undertake the measures deemed fit in this regard.

Article (21)

If the complaint is related to the personal or professional conduct of the member, the head of the inspection agency shall appoint an inspector to investigate it then submit the matter to the head of the department for action.

Article (22)

Both the member against whom a complaint was made with regard to their actions and the party filing the complaint shall be informed of the measures undertaken with regard to the complaint after its examination and the results thereof.

Article (23)

The agency head shall elaborate a system for periodic and surprise inspections of branches, offices, and divisions to learn the extent to which work is running smoothly and the extent to which members and employees strive to perform their jobs.

Inspectors may submit an urgent report on the results of their investigation within a period not more than a week of when they complete their task.

Article (24)

These Regulations shall enter into force on their date of issue, and shall be published in the Official Gazette.

Mohammed Abu al-Qasim al-Zawi

Secretary of the General People’s Committee for Justice – Libya

Issued on 2 Safar 1391 FDP

Corresponding to 29 November 1981 AD