The competent authorities of either of the contracting parties shall immediately inform the other party, within a maximum period of three days through diplomatic or consular representation, if any of the citizens thereof has been detained or subjected to any form of custodial punishment.
If he fails to leave the country after the expiration of this period, enforcement bodies shall deport him at his personal expense from the port through which he entered. They must relay this to their country’s consular or diplomatic representation delegation in the Great Jamahiriya.
Agreement of 1993 on legal and judicial cooperation between Arab Maghreb Union countries
[…] Judicial and non-judicial papers and documents in criminal matters shall be sent through the Ministry or Secretariat of Justice of each contracting party with observance of the provisions pertaining to the extradition of suspects and convicts.
The provisions of this article shall not prevent the right of the contracting parties to intimate the judicial or non-judicial papers and documents to its citizens directly through its representatives or their delegations. In the event of a dispute of laws surrounding the nationality of the person to whom the paper or document is directed, it shall be determined in conformity with the law of the contracting party in which the intimation occurs.
People who are forced by extenuating circumstances to enter the country from other than the legal entry points stipulated in Article (1) of this decree may have their status settled (upon the approval of the director of the General Department of Passports and Nationality).
A temporary Libyan travel document may be issued for the following categories: […]
3. Refugees who are recognized as such.
4. Stateless persons or persons without a fixed nationality.
5. Anyone unable to obtain travel documents from the states to which they belong for political reasons.
[…]
Issuing temporary Libyan travel documents for the categories mentioned in Clauses (3), (4), and (5) requires the approval of the competent public authorities responsible for these categories […]
All persons who reside in the Great Jamahiriya in violation of the provisions of this law shall seek settlement of their status within a period not exceeding two months from the entry in force of this law. Otherwise, they shall be deemed illegal immigrants […]
Article 10
After a deportation decision has been issued, the foreigner’s name must be added to the list of people banned from entry.
Article 7
The bodies that requested the ban must review their entries yearly. They shall notify the General Department of Passports and Nationality of the abatement of the reasons for banning from entry and exit. Failure to comply with this shall result in initiation of the procedures necessary for lifting bans as the General Department of Passports and Nationality sees fit.
Foreigners shall be deported in the following cases: […] d) If a judicial order for deportation is issued in his regard. Deportation in cases (a, b, c) shall be by virtue of a substantiated decision issued by the director of the General Directorate of Passports and Nationality.
Deportation decisions shall be issued specifying the date and place of departure in accordance with the provisions of Article (17) of aforementioned Law No. (6) of 1987. If the decision does not specify a specific time or place of departure, the foreigner may choose a place of departure provided he be given a maximum departure limit of 15 days from the date the decision is issued. In all cases, the competent passports body shall be responsible for implementing and overseeing the decision if the foreign deportee fails to abide by its provisions.
Foreigners shall be deported in the following cases: […] d) If a judicial order for deportation is issued in his regard. Deportation in cases (a, b, c) shall be by virtue of a substantiated decision issued by the director of the General Directorate of Passports and Nationality.
Cases being heard before specialized courts and prosecutions abolished by virtue of the provisions of this decree shall be referred to the competent court or prosecution according to the case.
Article 3
A specialized summary court shall be established called the “Court to Combat Illegal Migration” within the jurisdiction of the First Instance Court of North Tripoli. It shall be competent to hear and adjudicate cases filed on the felonies set forth in Law No. (19) of 1378 FDP. Its jurisdiction shall comprise the scope of the jurisdiction of the first instance courts in Al-Swani as well as North, South, and East Tripoli. It shall be located within the location of the First Instance Court of North Tripoli.
Article 4
The indictment chamber in the First Instance Court of North Tripoli shall be responsible for hearing cases referred thereto by the First Instance Prosecution of North Tripoli for the crimes stipulated in the previous article.
A specialized summary prosecution shall be established called the “Prosecution to Combat Illegal Migration” within the jurisdiction of the Court to Combat Illegal Migration. It shall be competent to investigate, initiate and conduct cases for the crimes stipulated in the aforementioned Law No. (19) of 1378 FDP. It shall be subordinate to the First Instance Prosecution of North Tripoli and its jurisdiction shall comprise the jurisdiction of the Illegal Migration Court. It shall be located in the First Instance Court of North Tripoli.
Article 1
The scope of the jurisdiction of the two first-instance courts of South and North Bengazi shall be amended as follows:
First: The First Instance Court of South Benghazi. Its jurisdiction shall comprise the scope of the jurisdiction of the following summary courts […]:
7. The Summary Court of South Bengazi to Combat Illegal Immigration.
Third: The First Instance Court of North Benghazi. Its jurisdiction shall comprise the scope of the jurisdiction of the following summary courts:
8. The Summary Court of North Bengazi to Combat Illegal Immigration.
Article 2
It shall be subordinate to the first-instance prosecutions of South and North Bengazi, and its scope of jurisdiction shall comprise the scope of jurisdiction of the following summary prosecutions:
7. The Summary Prosecution of South Bengazi to Combat Illegal Immigration.
Second: The First Instance Prosecution of North Benghazi. The following summary prosecutions shall be subordinate thereto:
8. The Summary Prosecution of North Bengazi to Combat Illegal Immigration.
The people of the Great Socialist People’s Libyan Arab Jamahiriya oppose and condemn all forms of terrorism. They are committed to supporting the just and humanitarian causes for individuals and groups within its territory, as well as anywhere in the world. It has entrusted to itself, pursuant to this law, the protection of refugees and newcomers thereto.
In the implementation of its competencies, the Authority shall observe the legislative texts, charters, and treaties for human rights, and shall observe anything stipulated by the international treaties to which the Libyan state is a party.
The Great Jamahiriya is the refuge of the persecuted and freedom-seekers. Refugees in the Great Jamahiriya may not be extradited to any entity.
Constitutional Declaration of 2011
The State shall guarantee the right of asylum by virtue of the law. The extradition of political refugees shall be prohibited.
[…] The military commander shall be granted all the powers and competences vested in the executive authorities, specifically the powers to arrest all wanted persons in these zones and to deport persons who have infiltrated the borders to their countries of origin. In this regard, the military commander may seek the assistance of any person as he deems necessary.
The General Directorate for Combating Illegal Immigration shall have the following duties:
8. Deport people who have violated the conditions of entry, exit, and residency of foreigners and take legal action against them.
Only good news, no spam will ever arrive in your mailbox!
This website is managed by the Geneva Center for Security Sector Governance (DCAF)
Copyright © 2024 DCAF. All rights reserved.
We are thrilled to announce the successful launch of our new legal database design as part of DCAF's ongoing commitment to our valued users. This update introduces a range of improvements, including a streamlined, user-friendly interface and enhanced functionalities, ensuring effortless access to vital information.
We take great pride in delivering this significant enhancement, and we reaffirm our dedication to providing you with the utmost service excellence. We extend our sincere gratitude for your continued trust and support.
