Decree No. (168) of 2005 on the executive regulation for the law on correction and rehabilitation institutions

Decree by the General People’s Committee

on the Executive Regulation of the Law of Rehabilitation Institutions

General People’s Committee Decree No. (168) of 2005

on the Executive Regulation of the Law of Rehabilitation Institutions

 

The General People’s Committee 

Upon review of:

  • The Penal Code;
  • The Code of Criminal Procedure;
  • Law No. (5) of 1373 FDP on correctional and rehabilitation institutions;
  • Secretary of the General People’s Committee for Justice Decree No. (342) of 1982 AD on the Executive Regulation of Law No. (47) of 1975 AD on prisons;
  • The proposal of the secretary of the General People’s Committee for Justice in his Letter No. (3713) dated 22/08/1373 FDP;
  • The decision in the second ordinary session of the General People’s Committee of 1369 FDP;
  • And the conclusions of the Secretariat of the General People’s Committee in its 32nd ordinary meeting of 1373 FDP;

has decreed:

Chapter (1)

General Provisions

Article (1)

The following expressions shall have the meanings indicated next to each of them:

Secretary: Secretary of the General People's Committee for Justice.

Judicial Police: Judicial Police Department

Head of the Judicial Police: Director General of the Judicial Police.

Institution: Correction and rehabilitation institution.

Institution Director: Director of the correction and rehabilitation institution.

Principal Institution: Correction and rehabilitation institution where death sentences, life imprisonment, imprisonment, and hudud punishment sentences are executed.

Local Institution: Correction and rehabilitation institution where the sentences of imprisonment with labour and imprisonment for convicted recidivists are executed.

Private Institution: Correction and rehabilitation institution (open and semi-open) where the sentences of simple imprisonment and imprisonment for seniors who are over sixty years of age, as well as those convicted for traffic violations and infractions and convicts subject to physical coercion, are executed.

Article (2)

The specifications and requirements that each institution shall meet in terms of construction and the requirements of security, guarding, and surveillance shall be determined by a decision of the Secretary, upon the proposal of the Head of the Judicial Police.

Article (3)

Upon the proposal of the Head of the Judicial Police, the Secretary shall determine the number of inmates in each institution, according to each institution’s capacity and the requirements of health regulations, guarding procedures, and subsistence capabilities.

The number of inmates in each institution shall not exceed the planned number and the institution's director shall notify the Head of the Judicial Police if he deems it necessary to reduce the number planned for the institution it manages for any of the above reasons.

Chapter (2)

Admission of Inmates

Article (4)

Inmates shall be admitted to the institution during official working hours, and may not be admitted outside those hours or on Fridays and official holidays. As an exemption to the provisions of the preceding paragraph, inmates may be admitted upon order of the Public Prosecution on Fridays and official holidays, provided that the institution is notified of the inmate’s arrival sufficiently in advance.

Article (5)

In the event the inmate is not admitted to the institution during the period and hours set in the previous article, he shall be admitted to the police station located in the jurisdiction of the Court that issued the judgment or the Prosecution that ordered the provisional detention, provided he is transferred to the institution as soon as admission to it is possible and provided he does not exceed (48) (forty-eight hours) in the police station in all cases.

Article (6)

Before the admission of the inmate, the head of the institution shall verify the authenticity of the admission order, the issuer’s signature, and the seal of the Public Prosecution in the presence of the party that brought him. He shall also sign his copy confirming the admission and return it to the party that brought it after signing the original.

Article (7)

The inmate shall be recorded in the general register as soon as he is accepted in the institution, in the presence of the party that brought him. The personal data of the latter shall also be recorded based on his official documents and he shall sign in the register to show that he has brought the inmate in.

Article (8)

Upon admission in the institution, the inmate shall be kept in a special place and on the following day at the latest, he shall be presented to the institution’s doctor to conduct a medical examination to determine his state of health and the ability to work, ensure he is free from infectious diseases, and determine the type of treatment he should receive.

The inmate shall not mix with other inmates before undergoing the aforementioned medical examination.

The provisions of this article shall not apply to inmates transferred to another institution if they have already completed the procedures of medical examination.

Article (9)

Inmates shall be searched upon admission to the institution and money, valuables, or prohibited items kept. This shall be done in the presence of one of the officers, and a list of the items shall be prepared and recorded in the register of deposits.

Inmates shall be searched when brought from another institution or when returning from outside, and the items they are hiding, refusing to hand over, or that others are attempting to deliver to them shall be seized and confiscated. The necessary investigation shall be conducted in this regard and the inmate shall be referred to the competent authority to decide on the appropriate penalty. If one of the institution workers or guards provided the inmate with the item or assisted him to get hold of it, the institution director shall be notified to take the measures he sees fit.

Before inspection, inmates shall be notified that the items they hide or refrain from handing over shall be confiscated according to the law.

Only females may search female inmates, and the search shall be conducted before one of the supervisors of the women's institution.

Chapter (3)

Returnable Goods of Inmates

Article (10)

The returnable goods of the inmate shall be kept in a deposit box in a special compartment. Valuables, such as jewellery and money, shall be deposited at the inmate’s responsibility in a separate safe. Items that may not enter the institution shall be seized and legal action shall be taken in their regard.

Inmates shall be authorized to keep their wedding bands, watch, eyeglasses, and medical tools and equipment that the institution’s doctor deems necessary during his stay in the institution. All the actions and procedures taken regarding the returnable goods of the inmates shall be recorded in the register of deposits.

Article (11)

The financial obligations due to the State from the inmate shall be taken upon his admission to the institution.

Money provided afterwards by the family or others shall be allocated as intended. 

Article (12)

The clothes of the inmate shall be recorded upon admission in the register of the inmate’s luggage. They shall be presented to the institution’s doctor, who shall order to destroy them if they are harmful to health. This shall be recorded in the register. Remaining clothes shall be kept in a compartment in the luggage repository if the duration of the sentence does not exceed one year. If the sentence exceeds one year, the clothes shall be handed over or sent to the person that the inmate chooses or his guardian, according to the case. If the latter refuses to receive them, they shall be sold at auction and their price kept in trust for the inmate.

Article (13)

The value of seized items confiscated from inmates shall be kept as a separate deposit in the institution’s repository. A special register shall be allocated for them and it shall be subject to the rules of inspection and audit of other repository registers to ensure sound disbursement and entitlement. The deposit may only be disbursed by order of the institution director for the following purposes:

  1. Entertain inmates on official holidays, religious events, and days of the month of Ramadan.
  2. Hold concerts and matches.
  3. Buy books and magazines, in addition to those provided by the institution’s library.
  4. Provide books and study expenses for inmates in need.
  5. Purchase that what fulfils the beneficial hobbies of inmates.
  6. Provide travel expenses for leaves for inmates in need.

In all cases, the institution director shall be notified of each amount disbursed in accordance with the provisions of this article.

Chapter (4)

Division and Treatment of Inmates

Article (14)

A separate section in each institution shall be allocated for inmates serving provisional detention, as well as another separate section for the convicts who do not exceed the age of twenty and a third section for the remaining inmates.

Inmates serving provisional detention shall be separated between those who are less than twenty-one and others. When housing inmates, it shall be taken into consideration to keep together those close in age, culture, social or psychological status, strength, duration of sentence, prior convictions, or the crimes for which they are imprisoned.

Inmates serving provisional detention for the same case, as well as convicts for the same case, may not be kept together in one room.

Article (15)

Inmates under the age of twenty-one may not be kept alone except by order of the Public Prosecution. They may not be fewer than three per room, and they shall be segregated from others who are over the age mentioned during work and rest periods.

Article (16)

Inmates known for being homosexuals, escaping, rioting, bullying, or attacking others shall be separated and each kept in a separate room.

Article (17)

Inmates serving provisional detention may stay in furnished rooms for a fee upon decision from the secretary. The decision shall determine the furniture in question.

Those inmates may bring the furniture in question at their own expense without charge in the event the institution is not able to provide it, provided this furniture is recorded in the register of luggage.

Article (18)

Ordinary room lighting shall be provided from sunset until 10:00 p.m. in wintertime and 11:00 p.m. in summertime.

As an exception, the rooms of inmates serving provisional detention and convicts of the first category may be lit for two additional hours over the scheduled time for the lights in the rooms of others inmates.

Additional lighting may also be allowed for a period decided by the Director of the Institution for the inmates who are studying or whose health requires it.

Article (19)

The clothes of inmates shall be as described in the tables annexed to these regulations, unless inmates are authorized to wear their own clothing. In all cases, convicts shall not be allowed to wear their own clothing while working.

Article (20)

Inmates serving provisional detention shall be authorized to wear their own clothing, whether they were wearing them when admitted to the institution, they buy them at their own expense, or they were given to them while in the institution. In the event the institution’s doctor or manager deems that they may not for health or security reasons, regular institution clothes shall be given to them with distinguishable colour.

Article (21)

The clothing and luggage of inmates shall be subject to the rules of cleaning and disinfection followed in the institution.

Inmates may do so outside the institution at their own expense unless the institution’s doctor or manager deems that they may not for security and public health reasons.

Article (22)

The food prescribed for inmates shall be according to what is shown in the tables annexed to these regulations. Food shall be served hot, well-cooking and well-prepared.

During the month of Ramadan, fasting inmates shall be served Iftar and Suhoor, and half of the portion shall be added to each of the two meals.

Article (23)

Upon authorization from the Director of the Institution, inmates serving provisional detention may bring the food they need from outside, provided it is always subject to the rules of inspection and health in place in the institution.

Those inmates may be denied from doing so for public health or security concerns decided by the institution’s doctor or director. In this case, they shall receive the food given to regular inmates.

Article (24)

The institution’s doctor may prescribe a special diet for inmates who need it. In this case, the prescribed food shall be provided or bought from outside, according to health necessities or the labour carried out by the inmate. The institution director or doctor may also, according to the case, increase the clothing or covers provided to inmates or that they can bring in.

Article (25)

Inmates shall be allowed to receive gifts and donations, as long as they are authorized to enter the institution. In the event such gifts and donations are money or valuables, they shall be added to the inmate’s retrievable goods and he shall be allowed to withdraw them within the limits and purposes planned within the institution. The remaining shall be given to him upon release.

In the event such gifts and donations are food, he may accept and consume them, provided they do not exceed his needs in one day. In the event they are clothes, he shall be allowed to wear them if he is authorized to wear his own clothing. If not, and if the rest of the sentence exceeds a year, they shall be returned to the giver or sold, according to the desire of the inmate, and their value kept for his account.

Chapter (5)

Accommodation and Treatment of Female Inmates

Article (26)

Female inmates shall be totally separated from other inmates in institutions allocated for female inmates.

Article (27)

The institution director shall be personally responsible for the management of the women's institution and he shall personally oversee all matters related to it.

Appointing a female director shall be considered as much as possible.

Article (28)

Taking into account the provisions of Articles (73) and (74) of the Correction and Rehabilitation Institutions Law, no one shall be authorized to access the women's institution without the permission of the director and in the presence of one of the supervisors.

Article (29)

Female guards and supervisors shall always be the only ones in charge of guarding the women's institution within the institution and guarding the inmates and supervising them outside.

Article (30)

Convicted pregnant and nursing women shall only work in works to the extent commensurate with their health condition, as determined by the institution’s doctor. The latter shall determine their work hours or exempt them altogether.

Article (31)

Pregnant inmates shall be sent to the birth hospital located within the jurisdiction of the institution early in their ninth month, unless the doctor decides to send them before. They shall remain in hospital until a week after the birth, unless specialists decide to extend their stay.

Article (32)

Newborns shall be registered in the civil register office nearest to the hospital where birth occurred. The record may not include any statement indicating that the mother was an inmate in the institution.

The institution management shall notify the father of the child or the person who has the right to custody for birth and registration as soon as it occurs.

Article (33)

Children less than two years of age or born in the institution shall be admitted with their mothers until they reach that age. A place in the institution shall be allocated for the care of these children and supervised by nannies when mothers are busy.

Article (34)

Children’s fathers or relatives responsible for them shall be personally notified by the police station in whose jurisdiction they reside at least three months before the child turns two and it shall hand the children over to them on the date in question.

If the mother does not wish that the child remains with her until such date, the child shall be handed over immediately to his father or the person who has the right of custody.

Article (35)

If the child does not have a known and alive father or relatives to care for him, or if the latter refuse to take the child after he turns two, the director of the institution shall admit him to a nursery or care centre and notify the mother of his whereabouts.

Article (36)

A register in the institution shall be allocated to record the children of inmates who are in the institution, were placed in nurseries or care centres, or handed over to their caretakers through the institution. The register shall be entrusted to those responsible for of social care in the institution and shall include all the actions taken towards these children.

This section shall monitor the situation of the children until their mothers are released from the institution.

Article (37)

Mothers shall have the right to see their children who have been admitted in nurseries or care centres, or handed over to their fathers or the person who has the right of custody once every two weeks until they turn fourteen. Visits shall take place in a special place in the institution. When children turn 14, visits shall take place according to the dates and rules of ordinary visits in the institution.

Mothers may not be deprived of this right for any reason whatsoever, except for the necessities of public health and upon a joint decision from the institution’s doctor and director. Mothers may complain against this decision to the Chief Prosecutor in the jurisdiction of whom the institution is located. The Chief Prosecutor shall have the right to cancel the decision.

Article (38)

When the mother visits her child in a nursery or care centre, she shall wear her ordinary clothes and the guards accompanying her shall wear civilian clothes.

Chapter (6)

Categories of Inmates

Article (39)

Each category of inmates shall be divided into three grades. Upon admission to the institution, the inmate shall be included in the third grade. Once he executes a third of his sentence or two years, whichever is less, he shall be moved to the second grade. Once he executes two thirds of his sentence or five years from the date of entry into the institution, whichever is less, he shall be transferred to the first grade. Inmates shall not be transferred from one grade to the other unless they have good behaviour and good standing on the performance of their work. Behaviour shall be considered good if the inmate does not receive more than two of the penalties set forth in items (e), (f), and (g) of Article (58) of the Correction and Rehabilitation Institutions Law or three or more other penalties for each year spent in the institution. Fractions of the year shall be considered a full year if they exceed six months.

Article (40)

A committee headed by the institution director with the membership of the social worker concerned with the affairs of receiving guests and the supervisor of their employment in the institution shall be formed and it shall be concerned with the report on the inmate’s transfer from one grade to the other.

The inmate’s case shall be presented to the Committee once he satisfies the prescribed period for the permissibility of the transfer. The inmate may complain against the Committee’s decision to the director of the Judicial Police in the event of rejection.

Article (41)

Inmates in the second grade shall have the right to free exercise for half an hour once every two days in the courtyard of the institution. This time shall be increased to an hour in the event of transfer to the first grade and the conditions of the institution allow it. 

Article (42)

The inmate’s working hours shall be reduced by an hour a day for every grade he is promoted to.

Article (43)

Inmates in the first grade shall be exempt from the works set forth in clauses (d) and (e) of paragraph (a), items (a) and (c) of paragraph (b), and items (b) and (d) of paragraph (c) of Table (7) annexed to these regulations.

Article (44)

Inmates shall be allowed to buy what they need from the institution, within the following limits of their wages and monetary trusts:

  1. 20% for third-grade inmates.
  2. 40% for second-grade inmates.
  3. 60% for first-grade inmates.

Inmates shall retain their grade and privileges if transferred from one institution to another.

Chapter (7)

Employment and Wages of Inmates

Article (45)

Convicted inmates shall be employed in the works specified in the table annexed. A committee in charge of the employment of inmates depending on their abilities, skills, tendencies, and health status shall be constituted by a decision of the Director of the Judicial Police.

Article (46)

If the inmate spends one month in the work assigned to him and his supervisor deems that he is not carrying it out satisfactorily, his case shall be presented to a social worker to discuss the reason, and then to the Committee once again to consider his appointment in another suitable work if the cause cannot be avoided.

Article (47)

Inmates in provisional detention may not be employed. Convicted inmates over sixty years of age may only work in cleaning their rooms. If such inmates desire to work and their health condition permits it, their request shall by honoured, in accordance with the rules prescribed for other inmates. Inmates who express their desire to work may change their mind at any time and their request shall be honoured.

Article (48)

Inmates may work in their crafts for their own account and their bringing in the necessary tools and raw materials to work shall be facilitated at their own expense. They may work outside the working hours set in the institution, by a decision of the committee provided for in Article (45) of these Regulations. Inmates whose request is refused may complain to the General Director of the competent body and the complaint shall be decided on within two weeks from the date of its submission to the director. A non-response within this period shall be considered a rejection of the complaint.

The inmate’s production shall be handed over to the person he assigns or the institution shall undertake to sell it with its products for the benefit of the inmate. Prices shall be treated like wages.

Article (49)

The daily work of inmates may not exceed eight hours, including half an hour at least for rest and lunch.

The Committee provided for in Article (45) of these Regulations may exempt inmates from work, change its type, or shorten the duration.

Article (50)

In the cases when the production volume can be determined in advance, the quantity to be produced shall be specified for each inmate or group of inmates during working hours. Technicians in each institution shall estimate the volume of production.

Article (51)

Female inmates may only be employed within the institution and in works commensurate with the nature of women.

Article (52)

Inmates working in food processing, transfer, or distribution shall undergo a medical examination before they start work and periodically each month to make sure they do not suffer from infectious diseases.

Article (53)

Inmates working in cleaning may not be employed in any work related to the food, or water of inmates or related utensils.

Article (54)

Inmates may not be taken out to perform work outside if the weather is stormy or foggy or if it has rained profusely, until the weather improves.

Article (55)

Dangerous inmates, who have previously escaped, and those whose escape is feared may not be employed to work outside the institution.

Article (56)

Inmates sentenced to short sentences not exceeding six months shall have the right to request work outside of the institution rather than inside, according to the Code of Criminal Procedure, unless the judgment prohibits him from doing so. The institution director shall submit the request of the inmate to the Public Prosecution that ordered his admission in the institution in order to take the decision it sees fit in that regard.

Article (57)

It shall be ensured to have sufficient buildings and facilities needed to house the inmates, guards, and staff necessary for the management of work sites outside the institution and to provide the means for healthy living and security precautions to ensure that inmates do not escape before transferring them thereto.

A committee formed by the secretary shall ensure the above and it shall submit its report on its conclusions to the secretary.

A decision by the secretary, upon the proposal of the director of the Judicial Police, shall determine the workplaces outside the institution and the work regulations and duration.

Article (58)

The workplace outside of the institution shall have a director from among the Judicial Police members appointed by the secretary and assisted by an administrative and technical body similar to what is found in public institutions to undertake the site’s administrative, health, and social affairs. The site manager shall have the powers of the institution director.

Article (59)

The institution from which inmates are transported to work sites outside of the institution shall undertake all the procedures related to the cases of release, conditioned release, and pardons of inmates on the dates specified.

Article (60)

Notifications addressed to the inmate while at the work site shall be delivered to the director of the institution he was in before he was transferred to the site. The director shall assign one of his aides from the Judicial Police to go to the site and deliver the notification to the inmate on the day following its receipt at the latest, unless it is necessary to deliver it before the time in question.

Report forms required for appeal shall be available at the work sites outside of the institution and shall be addressed in accordance with the procedures set forth in Article (71) of the Correction and Rehabilitation Institutions Law.

Article (61)

Visits and letters to inmates in the work site shall be in accordance with the established procedures for visits and messaging in the institution.

Article (62)

The management of the work site outside the institution shall prepare records similar for the records in place in the institution. The site shall be subject to administrative inspection and judicial supervision provided for in the articles (73) and (74) of the Correction and Rehabilitation Institutions Law.

Article (63)

Inmates deserve a wage for their work.

The remuneration and the rules of entitlement and deprivation shall be determined by a decision of the secretary.

Article (64)

Inmates shall be given an annual raise equivalent to one-tenth of his prescribed wages, provided that the total of the raises does not exceed the value of such wage.

Inmates shall be deprived of the raise if he received during the year one of the penalties set forth in paragraphs (e), (f), and (g) of Article (58) of the Correction and Rehabilitation Institutions Law, and also if he tried to escape or committed a felony or a misdemeanour during the year.

Article (65)

Inmates shall deserve a wage for the days they do not work if this is due to an occupational illness or injury resulting from the work. In this case, he shall be subject to the provisions of the Social Security Act. If the inmate is released during the disability period, he shall continue to be treated in accordance with the provisions of that law.

Article (66)

By decision of the secretary upon the proposal of the Committee provided for in Article (45) of these Regulations, the wage of the inmate may be increased by a maximum one-half if the work he performs requires skills or unusual efforts.

Article (67)

Inmates shall have the right to spend from their wages to buy what they need if they are authorized or to help their family. He shall not be disbursed the rest before his release or it shall be given to his heirs if he dies before release. If he has no heirs, the wages shall be deposited in the account provided for in Article (15) of the Reform and Rehabilitation Institutions Act.

 

Chapter (8)

Education, Culture, and Disciplining of Inmates

 

Article (68)

A unit for teaching, preaching, and guidance shall be established in each institution and it would be responsible for the dissemination of education between the institution’s inmates and allow them to continue receiving it. The technical supervision of this unit shall be in coordination with the relevant authorities.

Article (69)

The necessary number of teachers and trainers, according to the number of inmates and the level of education, shall be annexed to each institution.

If the number of school classes surpasses three, a supervisor shall be appointed from among the teachers to manage the school. The number of students in each class may not be more than forty.

The school supervisor and teachers shall be subject to the work system and instructions in the institution.

In each institution, a location shall be allocated as a school and it shall respect health conditions and be furnished with the necessary school furniture.

Article (70)

The inspectors of the offices of evaluation and assessment shall carry out periodic and unscheduled inspections on schools in institutions to ensure their proper functioning. They shall submit their reports in this regard to the Director of the Judicial Police.

Article (71)

Taking into account the rules and regulations in force in reform and rehabilitation institutions, ordinary and technical education in the institutions shall be carried out in accordance with the curricula prescribed in the various grades of studies in the State.

Article (72)

Studies in reform and rehabilitation institutions shall start with the beginning of the school year and end with the completion of the programs specified for each phase. In the event an inmate is admitted after the beginning of the school year, his file shall be transferred to the competent institution. Upon his release, his file shall be transferred to the school he was attending before he was admitted in the institution or the school he wants to study in.

Article (73)

Inmates shall join the classes commensurate with their level based on the accredited educational degrees they hold. Inmates who do not hold degrees shall join the class commensurate with their education level, following a test conducted by the school.

Article (74)

A high committee shall be formed in the Secretariat of the General People's Committee for Justice, chaired by the Undersecretary and with the director of the Judicial Police and delegates from the relevant authorities as members to coordinate work among those bodies on providing the necessary resources to study in institutions.

The Committee shall hold its meetings at the request of its chairman at the beginning of each school year and whenever the need arises.

Article (75)

The Secretariat of the General People's Committee for Justice shall provide the Judicial Police with the needed books and school tools for inmates, in coordination with the competent authority for the affairs of education.

Article (76)

Assistance in teaching and administrative work at the school may be sought from the inmates of the same institution if qualified as per their educational level, upon a decision from the secretary.

Inmates may not be transferred from the institution where they are appointed to teach during the school year unless a substitute is provided. The inmate’s assistance shall be considered a substitute for the labour prescribed for him in the institution.

Article (77)

Education units in institutions, in coordination with the units of the competent General Department of Evaluation and Assessment, shall hold exams during and at the end of the school year for students in regular classrooms. Inmates shall be given a certificate of their exams results from the education unit, and this certificate shall be adopted in accordance with the laws in force.

Committees in the institutions shall hold the General Certificate exams. They shall supervise, monitor the work directly, correct the answer sheets, announce the results of inmates within the results of other students, and grant them the educational certificates they deserve.

In the event special committees are not formed for this purpose, inmates may take the exams in the nearest public committee to the institution they are staying at.

Article (78)

Inmates may enrol in university if they reach the level of education that qualifies them for such. Inmates shall take the exams at the special committee of the faculty they join.

Article (79)

In the event the inmate’s educational level is higher than the one taught at the institution and he wishes to continue his studies, the books and tools required shall be provided to him and he shall be able to participate in exams.

Article (80)

The head of the institution shall notify the Education and Evaluation Unit in the month of January of each year at the latest of the names of inmates who will sit for the General Certificate or university exams.

The Education Unit shall notify the competent authority of the names of inmates, and during the following month, the latter shall complete the necessary procedures to enable them to sit for the exams, form its committees in a timely manner, and inform the institutions concerned.

If the notification is later than the month of February, the head of the institution shall directly contact the nearest evaluation and assessment office to prepare the necessary paperwork to enable inmates to sit for the exams and register them among the applicants.

Article (81)

Each inmate who receives the following educational degrees during his stay in the institution shall receive the following rewards:

  1. Certificate of Memorization of the Quran in full: (500) five hundred LYD.
  2. Certificate of completion of primary education: (150) one hundred and fifty LYD.
  3. General Secondary Certificate or its equivalent: (250) two hundred and fifty LYD.
  4. University degree or its equivalent: (500) five hundred LYD.
  5. Master's degree: (600) six hundred LYD.
  6. Doctorate: (1,000) LYD.

Article (82)

A library shall be established in each institution and an appropriate place shall be allocated for it in terms of space, calm, and lighting.

Article (83)

The Judicial Police shall supply the libraries of the institutions with newspapers, magazines, and religious, social, historical, scientific, and literary books. They shall circulate among inmates, be suitable for different levels, and aim to discipline and reform. The Judicial Police shall provide libraries with the latest books in the market and allocate a budget for this purpose.

Article (84)

The Education Unit in the institution shall oversee the library, organise its work, classify the books by subject matter, and encourage inmates to visit it in their spare time.

It shall send to the director of the Judicial Police a semi-annual report on its first hand observations.

Article (85)

All the inmates in the institution shall have the right to visit the library for an hour a day whenever possible, and this period may be increased for the students of graduate studies or those doing scientific research. Inmates may borrow books from the library, unless they are deprived thereof for security or public health reasons, by order of the director of the institution.

The records, forms, and seals that allow to control the movement of books in the library shall be placed therein.

Article (86)

Each institution shall have one or more religious preacher, whose job is the promotion of virtue and encouragement of good morals and the carrying out of religious obligations.

Article (87)

The preacher shall work six days a week, including Fridays, and he shall undertake the preaching and lead the prayers on Fridays for all the inmates and employees of the institution, except those who cannot attend for necessities of health or security.

The preacher shall perform religious rites on other days in the mosque of the institution with the largest possible number of inmates.

The preacher shall give two lessons a day to two different groups of inmates. Each lesson shall last for an hour with one hour per lesson, and he shall set a time each week for general preaching, except on Fridays.

The preacher shall set a time to preach to inmates who cannot attend his lessons, such as sick inmates. He shall also separately visit from time to time each inmate overcome by corruption and lack of integrity.

The preacher must help the inmates who wish to memorise the Quran and Prophetic Hadiths and encourage them to do so.

Chapter (9)

Exercise and Entertainment

Article (88)

The Judicial Police shall develop programs to fill the time of inmates outside their work schedules to expand their knowledge, discipline them, and entertain them, as per the capabilities of each institution.

It shall allow them to practice the programs set forth in the preceding paragraph until six o'clock in the evening in winter and until seven in the evening in the summer.

Article (89)

Inmates shall be authorized to practice the sports determined by the Judicial Police, which shall provide the institutions with the tools and clothing necessary for such practice and prepare the necessary fields.

Inmates shall be allowed to form sports teams among themselves to compete in such sports.

Article (90)

Taking security conditions into account, the director of the institution may allow inmates to exercise for half an hour in the courtyard of the institution or its fields. He may also divide the inmates into groups that spend this time separately.

Article (91)

Theatre groups may access the institution to show their activities upon the approval of the director of the Judicial Police.

Article (92)

Each institution shall be provided with an adequate number of radio and television devices, movies, and display machines. One or more halls shall be allocated for inmates to watch television shows and movies.

Article (93)

The director of the institution may deprive inmates from watching television shows, theatrical presentations, and movies if they breach order or bother others during their course, provided the deprivation does not exceed seven days for television shows and one theatrical show or movie.

Inmates may be deprived for longer than the period specified in the preceding paragraph in the event there is fear of a breach of security or for public health concerns.

Chapter (10)

Medical Care

Article (94)

A resident doctor shall be present in each institution and he shall be responsible for all health affairs and assisted by a sufficient number of assistants.

The doctor shall document his notes and instructions in the health care record that shall be presented to the director of the institution every day.

Inmates shall have the right to complain against the health decisions made in his case to the head of the competent branch in the Judicial Police.

Article (95)

Health workers in the institution shall be subordinate to the resident doctor with regard to health issues and to the institution director administratively.

Article (96)

A clinic shall be allocated in each institution and shall be equipped with the furniture and medical equipment needed for the doctor to examine sick inmates and treat those whose case does not need transfer outside the institution.

Article (97)

A pharmacist shall be appointed in each institution and entrusted to keep and arrange medicines. He may only disburse them by prescription from the doctor and he shall register the circulation of medicines entrusted to him in a special register he keeps.

Article (98)

The doctor shall order the transfer of cases that need treatment outside of the institution to the nearest public hospital. The institution’s director shall execute the doctor’s order and notify the competent Public Prosecution and director of the Judicial Police if the inmate is admitted to the hospital.

Article (99)

If one of the inmates requests to be examined or treated by an outside physician, or if the resident doctor deems it necessary, the latter shall file a report on the inmate's health condition and send it to the director of the Judicial Police. In urgent cases, the matter shall be relayed to the latter by telephone or telegram, and if he approves the request, the examination or treatment shall be conducted by the outside physician with the participation of the institution’s doctor.

Article (100)

The doctor shall inspect the facilities, contents, and employees of the institution daily, as well as the rooms of inmates twice a week at least, in order to ensure hygiene and respect for health requirements.

Article (101)

The doctor shall oversee the disbursement of food prescribed for inmates, in quantity and quality, especially for sick, pregnant, and nursing inmates and children. He shall arrive unannounced during food distribution time twice a week at least.

Article (102)

The doctor shall examine each inmate or worker who might work in food preparation, transfer, or distribution to verify that they do not suffer from infectious diseases. He shall carry out the necessary tests before the inmate or worker’s fitness to work is confirmed and that the latter shall be re-examined once a month.

Article (103)

The doctor shall examine inmates weekly by a general examination to verify they are clean and do not suffer from infectious diseases and that appropriate clothing is disbursed to each of them.

Article (104)

The doctor shall visit the inmates in solitary detention and sentenced to death daily and he shall order what he deems appropriate to safeguard their general health.

Article (105)

The doctor shall examine the inmates complaining of not being able to do the work assigned to them, and he shall pass through the places designated for the work of inmates twice each week at least during the allocated work hours in order to ensure that the work of inmates is suitable for their health conditions.

Article (106)

If the doctor deems that the work harms the inmate’s health, that the situation of the inmate sentenced to death requires special treatment, or that a danger is affecting the health of inmates, he shall present the matter to the institution director to take the decision he sees fit and inform the director of the Judicial Police of the actions taken.

Article (107)

The doctor shall vaccinate the institution’s employees and inmates with protective serums against infectious diseases, periodically or at scheduled medical appointments.

Article (108)

If an inmate displays symptoms of an infectious disease, the doctor shall immediately order his transfer to the hospital where such a disease is treated. He shall decide on quarantine for those who come in contact, monitor them, and disinfect the places where they stay for the period that allows their condition to appear, according to medical practice.

Article (109)

If a pandemic disease erupts in the institution or in the region in which the institution is located, the doctor shall immediately order that the institution be put under quarantine until the epidemic ends. He shall notify the director of the Judicial Police immediately.

Article (110)

The doctor shall examine each inmate before his transfer to another institution or his release. The transfer shall only be carried out if the doctor decides that there is nothing that prevents the transfer or endangers the inmate’s life. The doctor shall determine the appropriate means of transport.

If the doctor determines that the released inmate needs treatment, he must send him to the specialised public hospital if none of his relatives receives him and commits to his treatment. If the disease is contagious or endemic, the doctor shall send the released inmate to the hospital.

Article (111)

If the doctor determines that an inmate suffers from a mental illness, he shall write an extensive report on his condition and submit it to the institution’s director so that he may immediately transfer him to a mental hospital for check-up and report on his condition.

The institution’s director shall notify the director of the inspection body in the institution of the inmate’s transfer to the hospital and of the report of the committee provided for in Article (44) of the Correction and Rehabilitation Institutions Law on the status of the inmate as soon as he receives it.

Article (112)

If the medical committee deems that the mental status of the inmate does not require his admission to hospital, or if the inmate is admitted to hospital, cured, then returned to the institution, the director shall inquire from the committee about the type of treatment the inmate should receive. The doctor shall abide by what the medical committee deems in this regard and the head of the administrative inspection body of the institution shall be notified of the committee’s opinion and the return of the inmate.

Article (113)

If the inmate is admitted to the mental hospital, the director of the institution where he was admitted shall inquire about his condition once a month at least and notify the director of the administrative inspection body of the same.

Article (114)

If the inmate remains in the hospital until his date of release, the institution director must notify the hospital of the date immediately when due. He shall also notify it about whether he is wanted for a reason other than the penalty he is released for or not. He shall also send to the hospital the inmate’s property deposited in the institution.

Article (115)

If the doctor deems that the health status of the inmate is life-threatening or will cause total disability, which requires his release, he shall prepare a detailed report on the case and present it to the institution director, who shall immediately send it to the head of the administrative inspection body in the institution. The latter shall assume its presentation to the Medical Committee provided for in Article (44) of the Correction and Rehabilitation Institutions Law.

In the previous case, the institution director shall order to send the inmate to the outside hospital specialised for such cases, until a decision on his release is reached.

If the above Committee deems that the inmate’s condition does not warrant his release, it shall decide to bring him back to the institution or keep him in the hospital, as required by his illness. The institution director shall inquire from the Committee about the type of the treatment that the inmate should receive if he is brought back to the institution and he shall be committed to the doctor to whatever it dictates.

Article (116)

The institution director shall notify the local police station or People's Security station in the jurisdiction of which the residency of the released inmate for health reasons is located of the end date of the execution of the sentence for which he was incarcerated immediately, in order to stop observing him, unless he is wanted to serve another sentence.

Article (117)

If the institution’s doctor deems that the health status of the inmate has become critical, he shall prepare a report thereon and submit it to the institution’s director, who shall order to notify the inmate’s parents of his condition by telephone or telegram directly or through administrative entities in the jurisdiction of which the residency of the parents is located. He shall also notify the head of the competent administrative inspection body. The same notification procedures shall be followed in the event of death.

Article (118)

If the parents of the inmate in danger arrive, they shall be authorized to visit him immediately, even if visits were suspended for any reason. They shall also be allowed to visit him every day as long as his condition is dangerous, unless there are health contraindications.

Article (119)

Inmates in a dangerous condition shall be admitted in the treatment location and shall be visited there, unless his condition required his transfer to an outside hospital. He shall then be transferred and the hospital shall be notified that he may be visited according to the rules established for similar patients.

Article (120)

In the event an inmate dies, a death certificate shall be issued and a report prepared, recording the cause and circumstances, and sent to the Public Prosecution and Office of the Civil Registry in the circumscription of which the institution is located. A copy shall be delivered to the parents of the deceased if they attend to receive the body, in order to issue a burial permit.

Necessary sanitary measures shall be carried out in the institution before delivery, and if parents were delayed for more than three days, the body may be buried, unless health necessities require burial without waiting for this period.

In all cases, burial or delivery of the body may only be authorized with the permission of the competent Public Prosecution.

Article (121)

The deceased inmate’s recoverable goods in the institution shall be delivered to his parents if they requested. Otherwise, they shall be deposited in the account set forth in Article (15) of the Law of Correctional and Rehabilitation Institutions.

Chapter (11)

Social Care

Article (122)

Each institution shall have a Social Services Unit staffed with social workers and specialized in receiving new inmates and caring for their rehabilitation and employment issues, good use of their free time, and the provision of care to them and their families outside the institution.

Article (123)

The Social Services Unit shall, when receiving the inmate, perform the following duties:

  1. Meet the inmate separately when he arrives to the establishment to know him, instil confidence in him, and obtain the required information while making him understand their confidentiality.
  2. Obtain the personal data related to each inmate, his behaviour, criminal record, and the case for which he is serving his sentence from the facts in his file and the case file.
  3. Conduct social research on the inmate, if necessary, to find out about his situation.
  4. Diagnose the status of the inmate and prepare a report on the same, including the reasons for his delinquency and an expert opinion on how to deal with him and treat him, the extent of need of his family, and mention the details and the amount of aid.
  5. Express opinion on the classification and housing of inmates.
  6. Contact inmates continuously, monitor their situations, write reports on inmates every three months, mention their activities, improvement, and regression, and its reasons and treatment.
  7. Make sure to improve the situation of each inmate after studying it.
  8. Suggest the appropriate work for each inmate when assigning him a job.
  9. Submit a report in the event of the inmate’s conditional release three months in advance.

10.  Express an opinion on the transfer of inmates from one institution to the other.

11.  Examine complaints filed by inmates and their families and express an opinion on them and on how to handle their causes if they turn out to be serious.

12.  Count the female inmates accompanied by their children, study the cases of both mothers and children, follow them up, and suggest methods for dealing with them.

13.  Take care of the children of female inmates admitted in nurseries or social services centres outside of the institution, unless a social worker works in the institution. In this case, the latter would be in charge of the care affairs of female inmates and their children.

Article (124)

In order to rehabilitate and employ the inmates, the Social Services Unit shall perform the following duties:

  1. Accompany inmates during working hours inside and outside the institution and on the work sites.
  2. Observe the situation of the inmates during work and how each one of them approaches his work, examine the reasons for his weak or short productivity if any, and submit a report including a proposal for solving the same.
  3. Examine the complaints submitted by the inmates on the works assigned to them and suggest what is necessary to remove its reasons if they sound serious.
  4. Organize regular sessions with the inmates, separately or collectively, in order to rehabilitate them psychologically and socially so they become useful to society.
  5. Form homogenous groups between inmates to organize sports and entertainment activities, according to the tendencies of the members, their hobbies, and free time use.
  6. Take all necessary measures to encourage inmates to compete in good behaviour and cooperation between them and between those working in the institution.
  7. Organize matches between the inmates inside the establishment.
  8. Encourage the inmates to visit the library and educate themselves.
  9. Create a local channel with programs, supervise it, and encourage the inmates to subscribe to it.

 

Article (125)

The Social Services Unit shall perform the following for the inmates and their families:

  1. Visit families of the inmates on a regular basis, not exceeding three months, to check on them from a social perspective and the aid they may need, while examining the aspects of delinquency, if any, and how to handle them.
  2. Request a monthly statement with names of inmates who will be released definitely or those on parole four months in advance, examine their social files, meet each one of them, and examine his plan in life after getting out of the institution.
  3. Prepare a report on the inmate who has no job or steady source of income to live on, and the report shall include his social and psychological situation, the summary of studies conducted on him, the work that suits him, and his need for financial aid when he gets out of the establishment.
  4. Monitor on situation of those released by visiting them on a regular basis each month or whenever requested, and welcome them in the institution if they so wish, in order to support them, lift up their spirits, and solve their problems if any, by reaching out directly to the competent entities.
  5. Send a copy of the reports realized on the inmate before his release to the social worker who will monitor his case.

Article (126)

A social file shall be prepared on each inmate and shall be kept with the head of the unit, and each social worker should include in that file his reports on the inmate.

Chapter (12)

Visits and Correspondence

Article (127)

Inmates in provisional detention and those falling within the first category may receive visitors once a week, while inmates who fall within the second category may receive visitors once a month, two months after the date of sentencing. If the Public Prosecution orders the isolation of the inmate in provisional detention in the interest of the investigation, he may only receive visitors with special permission.

Article (128)

If inmates are transferred to another institution, they shall have the right to receive visitors once during the two days prior to the transfer, and such visits shall not be counted among the regular visits scheduled for the inmate and visit schedules shall not be delayed as a result thereof. The institution director shall notify the inmate’s parents of the transfer in advance, and they shall have the right to visit him within a week in the institution to which he was transferred.

Article (129)

The inmate’s agent or guardian may visit him ​​whenever necessary, without this visit being counted among the inmate’s regular visits and visit schedules shall not be delayed as a result thereof. During such visits, the agent or guardian may resolve the financial issues with the inmate.

Article (130)

Visits shall not be authorized while inmates are under quarantine or in solitary detention.

If necessary and if the inmate deserves the visit, the director of the institution may authorize the visit after taking the necessary health measures. This shall not be permissible if the institution is placed under quarantine because of the spread of an epidemic.

Article (131)

Inmates in one or more institutions may visit each other if linked by marital, filiation, paternity, or brotherhood relations, unless the institution director prohibits such visits for security reasons. Visits shall take place in the office of the institution director or his representative.

The transfer of the inmate in accordance with this article shall be at the institution's expense.

Article (132)

Regular visits shall take place between nine in the morning until one in the afternoon on all weekdays except Fridays. Fridays may be considered among visit days upon the decision of the institution director.

Article (133)

Visits shall last half an hour. For inmates sentenced to death, the duration shall be a full hour. The visits ​​of the agent or guardian shall last two hours at most.

Article (134)

Visits shall take place in a special hall in the institution, equipped with seats and tables that allow the meeting without barriers, fences, or restrictions and in the presence of guards needed within a range that does not preclude the privacy of the inmate and his visitors.

Article (135)

Four people shall be authorized to visit at a time, without counting children under five years of age. The inmate’s parents, spouse, and children may visit him together even if they are more than four.

Article (136)

A number of rooms separate from the residence of inmates and the management shall be allocated in each institution to enable husbands to spend time alone with their wives for at least one hour every four months.

Inmates who wish to spend time alone with their spouses shall submit a request to the institution director with a copy of the family booklet and a certificate from the competent authorized religious official stating that their marital relation is ongoing.

Article (137)

The institution director shall notify the inmate of the information he deems important that is contained in the letters he is prevented from receiving, provided that their communication does not harm security.

Article (138)

Convicted inmates may make a phone call once a week at their own expense, and the necessary precautions required shall be taken to maintain order and security.

Article (139)

Inmates in provisional detention may send correspondence at any time. Convicted inmates may send two letters per week to outside the institution. The institution shall provide inmates with the necessary papers and tools to write letters. All guests may receive letters at any time.

Article (140)

All the letters sent or received by inmates shall be presented open to the institution director or his representative. If the latter prevents their sending or delivery, the inmate may complain to the head of the administrative inspection body in the institution.

Article (141)

Inmates may receive telegrams and messages and send them at their own expense – if able to do so. The institution may send them at its own expense if the institution director deems they are necessary. They shall then be treated as official letters and telegrams sent by the institution.

Chapter (13)

Leave of Inmates

Article (142)

In order to grant the inmate an annual leave, the following conditions shall be available:

  1. The duration of the sentence shall exceed a year and the inmate shall have spent a year thereof in the institution.
  2. The inmate’s behaviour in the institution shall call for confidence in reforming himself and correct his status.
  3. He shall be guaranteed by one of his relatives to the fourth degree.
  4. Disturbing public security shall not be a concern upon granting him a leave.
  5. The inmate should not have escaped, initiated escape, or help another to escape during the year for which he is taking the leave.
  6. His category should not have been lowered for a period exceeding three months.
  7. He shall be residing with his family in the Great Jamahiriya during the leave.

Article (143)

A decision shall be issued by the Head of the Judicial Police to grant the annual leave of the inmate or reject it, at the request of the inmate and after taking the opinion of the institution director. In the event the inmate is convicted in one of the offenses set forth in Part I of the second Book of the Penal Code or in a drug sale and trafficking crimes, the decision to grant the leave shall be issued by the Secretary.

Article (144)

The inmate shall submit his leave request in writing on the prescribed form to the Director of the institution at least a week prior to the date he wishes to get the leave. He shall indicate in his request the leave period and the region where he will spend it.

Article (145)

The Director of the institution shall determine the duration of the leave and its start and end date.

The inmate shall be notified of the same before the leave starts, and the notification shall be carried out consistently with the good order in the institution.

The inmate shall also be notified in case his request is rejected and he may appeal it to the Secretary.

Article (146)

The inmate may not be permitted to take the leave unless he will spend it in a fixed place known inside the country.

Both the Police Station and the Local People’s Security Centre in the area where the guest will spend his leave shall be notified by telegram.

Article (147)

The annual leave may not be less than two days or more than four days at a time.

Article (148)

The inmate may not be granted a new leave before three months at least from returning from his previous leave.

Article (149)

The inmate leaves for his leave on the scheduled date before the noon of its starting day and shall return to the institution on the day scheduled for its end.

Article (150)

If the location where the inmate will spend his leave is away from the institution, a duration estimated by the Head of the Judicial Police shall be added to the leave period. This additional period shall not exceed the duration of the leave or the time required to reach the location where he will spend his leave.

Article (151)

The inmate shall leave for his leave wearing regular clothes unguarded and he shall bear the expenses of his two-way transportation and accommodation during the leave. In the event he is not able to cover these expenses from the account provided for in Article (15) of the Law on Correctional and Rehabilitation Institutions, and if the account balance does not allow it because of insufficiency or need for other purposes, the inmate shall use public buses to leave and return at the institution's expense. In this case, a person accepted by the Director of the Institution shall undertake to cover the expenses of the inmate during the leave period. All this shall be completed before authorizing the leave.

Article (152)

Upon authorizing a leave, the inmate shall be issued a booklet with his picture, personal data, and pages to prove the data of the leave he obtained.

Article (153)

Upon arriving at the area where he will spend his leave, the inmate shall present himself to the Police Station or the Local People’s Security Centre to which this area is subordinate. He shall do the same upon departure to return to the institution and he shall submit his leave booklet to prove the time of his arrival and his departure.

Article (154)

The inmate shall be required to remain in his place of residence during the leave from sunset to sunrise and the centre that the inmate notified shall send to his residence someone to ensure the same. This passage shall be recorded in the inmate’s leave booklet.

The use of fixed electronic equipment shall be permitted due to the inmate’s commitment to do so.

Article (155)

The inmate’s right to future leaves shall be cancelled in the event he is late to return to the institution or violates the conditions of residence during the leave. In this event, the inmate may only have the right to take leaves with a new request and decision, provided a full year has passed after his violation.

Article (156)

The inmate may be granted an emergency leave in the event of the death of one of his relatives to the second degree, and the leave shall be of a maximum period of (72) hours, even if he is not eligible for annual leave. Such leave shall only be granted after providing a statement that the death occurred and the identification of the degree of kinship between the deceased and the inmate. The duration of the emergency leave shall not be calculated among the inmate’s annual leave.

Article (157)

The institution director shall notify the Head of the Judicial Police of the inmate’s request of an emergency leave and his opinion thereon by telephone or telegram as soon as the inmate files his request.

The request must be decided on and the decision informed to the inmate on the same day.

Article (158)

In the event the inmate is granted an emergency leave, he shall be allowed to leave immediately after it is granted. The duration of the leave shall be calculated from the time the inmate leaves the institution, and the time needed for transportation shall be added to it, in accordance with what is stipulated in these regulations.

Article (159)

The inmate shall leave for his emergency leave wearing regular clothes and accompanied by the required guard from the time he leaves until he returns, in the event the crime committed by the inmate or his sentence requires guarding. The institution shall prepare the transportation means it deems fit to transport the inmate and his accompanying guards.

Article (160)

If the institution director deems that the place of residence determined by the inmate during the emergency leave does not respect security requirements, he may oblige the latter to sleep at the police station to which the region he is visiting is subordinate. The institution director shall notify the police station of the same as soon as the inmate takes the leave.

Article (161)

Inmates shall not be authorized leaves during quarantine periods due to infection or disease.

Article (162)

All annual and emergency leaves obtained by the inmate, the requests submitted therefor, and the decisions taken thereon shall be recorded in his file and the leaves register.

Chapter (14)

Complaints of Inmates

Article (163)

All complaints and grievances submitted by inmates, whether oral or written, shall be recorded in the special register in the institution. The record shall show the information of the complainant, the content of the complaint, its time of submission, and the action in their regard. The person in charge of the record shall document the complaints and grievances upon submission, mark them, and then present them with the person who filed them to the institution director upon submission.

Article (164)

The institution director shall decide on the inmate’s complaint and note the procedure taken in its regard. The inmate shall sign to indicate his knowledge of the action taken on his complaint.

Article (165)

If the complaint is submitted to another party, the institution director shall forward it to the party concerned and note the date and number of the transfer letter in the record. The inmate shall sign the record to indicate his knowledge of the transfer.

Article (166)

The institution shall provide inmates with the paper, writing instruments, and envelopes needed to write and send their complaints and grievances.

Inmates may submit anonymous complaints, and such complaints shall be treated similarly to signed complaints.

Chapter (15)

Appeals and Judicial Declarations

Article (167)

When the inmate receives a notification, the person in charge of the register of appeals and judicial declarations shall check the inmate’s presence in the institution, then record the declaration’s content and the date it was received next to the inmate’s name in the register. The notification shall be presented to the inmate in the presence of the institution director or his representative.

The institution director or his representative shall verify that the notification’s copy matches the original, and that it fulfils all the data of notifications. He shall then receive the copy and sign the original to confirm receipt.

Article (168)

The institution director or his designee shall call on the inmate on the same day he receives a copy of his declaration. He shall deliver it to the inmate, inform him of its content, and get his signature on the register of appeals and judicial declarations to ensure receipt, stating the date and time of the signing.

Article (169)

In the event the inmate is in a labour camp or hospital outside the institution, the director or his designee, after receiving the copy of the declaration, shall send it immediately with a person who hands it over to the inmate and get his signature on a receipt to confirm delivery, showing the date and time. This receipt shall be recorded in the register of appeals and judicial declarations and attached thereto.

Article (170)

In the event the inmate is in quarantine or hospital because of an infectious or pandemic disease, the declaration shall be received without completion and this shall be recorded in the register. The origin of the declaration shall be marked by the institution Director or his designee.

Article (171)

In the event the inmate wants to send a copy of the declaration to another party, the individual in charge of keeping the register of appeals and judicial declarations shall send it on the same day to such party by a registered letter. The number and date of registration shall be recorded in the register and the registration receipt shall be attached thereto.

Article (172)

The inmate shall be given the opportunity to report on the appeal if he desires, and the appeal shall be presented on the same day to the institution Director or his designee to draft the report on the form prescribed by the Secretariat of the General People's Committee for Justice. The individual in charge of keeping the register of appeals and judicial declarations shall record the appeal in the register, indicating the author's name, the subject, and the date of the decision thereon.

Article (173)

The individual in charge of keeping the register of appeals and judicial declarations shall deliver the appeal report to the Court Clerk on the next day of the report if the court is located in the city where the institution is located. Otherwise, the report shall be sent by registered mail.

The sending or delivery shall be recorded in the register.

Chapter (16)

Execution of the Death Penalty

Article (175)

A sufficient number of rooms shall be allocated in each institution to accommodate the convicts sentenced to death. Each room shall be independent from the other.

Article (176)

If the inmate sentenced to desires before the execution of the sentence certain types of food or drink that are not banned or if the doctor recommends them, the institution management shall provide or purchase them on the same day. Otherwise, the food of the sentenced to death shall be of the regular varieties provided in the institution for other inmates.

Article (177)

The inmate sentenced to death shall go out to exercise every day for an hour in the morning and another in the afternoon, provided each inmate exercises separately in a secluded spot of the courtyard of the institution, away from other inmates.

Article (178)

The death penalty shall not be executed if the convict goes mad. However, the execution shall not be postponed for other diseases, unless they lead to the coma of the convict.

Execution shall also be postponed for pregnant women until two months after delivery.

Article (179)

If the competent Public Prosecutor requests the execution of the death penalty, the Head of the Judicial Police shall determine the day and time of the execution, provided it is not from sunset to sunrise or on holidays or special religious holidays for the convict.

Article (180)

The convict’s parents, counsel, and guardian may visit him on the day prior to the execution.

Article (181)

Execution shall be by firing squad in the courtyard allocated for this purpose within the institution. A 12-member squad of the Judicial Police, assigned by the Head of the Judicial Police, shall fire.

The execution shall not be authorized without the presence of the Public Prosecution.

Article (182)

Internal works in the institution shall be halted on the day of execution and shall not be resumed until after the transfer of the body of the convict away from the courtyard of the execution.

The black flag shall be hoisted on the institution upon execution and remains hoisted until the body of the convict is transferred away from the courtyard of the execution.

Article (183)

The convict is led away from his room to execute the death sentence with utmost caution to complete the execution process.

Article (184)

Upon the convict’s arrival before the execution body, the institution director shall read to him the text of the judgment of the death penalty and the charge he was convicted for.

Article (185)

In the event the convict desires to give statements, the Prosecution member attending shall record them in his minutes.

Article (186)

The institution director shall ask the convict about his final wishes and grant them, provided they do not delay the time of execution. He shall then order to take him to the execution yard.

Article (187)

The preacher of the institution shall assist if the convict is a Muslim. Otherwise, if his religion requires that he confesses or completes other religious duties before death, the institution management shall take the procedures to enable a clergy member of his community to attend the execution, meet the sentenced separately, and complete the requirements of his religion.

Article (188)

The institution’s doctor or a doctor assigned by the Public Prosecution for this purpose shall attend the execution. He shall to check the pulse of the convict immediately upon execution to ensure his death.

Article (189)

The body of the convict shall remain in the place of execution for thirty minutes, after which it shall be transported to the department of deceased. It shall then be delivered to his parents if they so request within the period set forth in Article (120) of these regulations. In the event they do not request the body, the necessary procedures shall be taken to bury the body. Burial shall take place without celebration in all cases.

Article (190)

The Prosecution member who attends the execution shall prepare a record of its actions, and the institution Director shall draft a report on the actions he had taken and submit it to the Head of the Judicial Police.

Article (191)

In the event of any confusion in the execution, it should be immediately presented to the competent Public Prosecutor, who may order to halt the execution. The submission and halt shall be completed as soon as possible, including the use of the phone. If the confusion is resolved after the halt, execution procedures shall resume again.

Chapter (17)

Transition Period

Article (192)

In the event the inmate stayed in the institution for more than four consecutive years, he shall, before the end of the sentence period, undergo a one-month transition period for each full year he spent in the institution. In the event the inmate respects the terms of the conditional release before the end of the sentence period by a period equal to a transition period, this period shall be calculated an employment period and this shall be recorded in the general record and the inmate’s file on the date he is eligible for the transition period on the two counts from the date of his admission into the institution.

Article (193)

Taking into account the provisions of Articles (14) and (15) of these regulations, inmates in a transition period shall move together and in adjoining rooms. During the transition period, inmates shall be treated like inmates serving provisional sentences, provided this is done in accordance with the classification prescribed by a decision of the institution Director.

Chapter (18)

Transfer among Institutions

Article (194)

Inmates convicted to detention or imprisonment shall be transferred from a key institution to a local institution, then from a local institution to a private institution, upon the decision of the secretary and, if he meets the following conditions:

  1. The remaining term of the sentence shall not exceed three years in the event of transfer from a key institution, and two years in the event of transfer from a local institution.
  2. The inmate shall not have been convicted for a felony or misdemeanour while in the institution.
  3. The inmate shall not have escaped, tried to escape, or participated in such attempts.
  4. The director of the institution he is being transferred from shall testify to his obedience and good treatment of other inmates.
  5. The inmate shall not have been sanctioned from than once for the sanctions provided for in paragraphs (e), (f), and (g), of Article (58) of the Correctional and Rehabilitation Institutions Act.
  6. The inmate’s transfer shall not expose public security or public health to risk.

Article (195)

The inmate may be transferred from one institution to another of the same category by a decision of the Head of the Judicial Police. He shall be transferred to the institution nearest to his place of residence before his admission to the institution or to the residence of his family, as he desires.

Article (196)

In the event the inmate’s behaviour worsened after his transfer, he shall be returned to the institution he was transferred from to serve the remainder of his sentence.

The inmate’s behaviour shall not be considered bad unless he is convicted of a felony, attempts to escape, or is sanctioned by one of the sanctions set forth in paragraphs (e), (f), and (g) of Article (58) of the Law on Correctional and Rehabilitation Institutions.

Article (197)

If an inmate is transferred from one institution to another, the management of the institution he is transferred from shall notify the Public Prosecution that ordered his detention on the first time of the transfer. The management of the institution he is transferred to shall also notify the said Prosecution of his arrival and his register number.

The inmate’s file, deposits, and personal belongings shall be sent with him, as long as they are checked before, in the presence of the inmate, the officer in charge, and the person receiving them to transfer them, as recorded in the special register. The recipient shall sign confirming he has received them and the inmate’s observations in this regard shall be documented in the register. The institution to which the inmate is transferred shall notify the institution the inmate was transferred from of his arrival and the arrival of the items sent with him as soon as they arrive. If the transfer is temporary, the inmate’s file and belongings shall remain at the institution he was transferred from until his return.

Chapter (19)

Release of Inmates

Article (198)

Inmates shall be released before the end of office hours on the day following the end of his sentence. The release shall be in the presence of one of the institution’s officers, and the deposits of the inmate shall be handed over to him in the presence of the officer. Both shall indicate the same on the register of deposits, along with the notes they see fit. If the released inmate has no personal clothes, he shall be given the clothes indicated in the annexed table.

Article (199)

If the released inmate is wanted to execute a financial penalty or to be put under observation or if he is wanted by other competent authorities, the forms of the judgment and the request paperwork shall be handed over with him.

Article (200)

The expenses of transporting the released inmate to his country or to a country he chooses shall be covered by the State, provided such expenses do not exceed those of sending him to his home country.

Article (201)

The institution director shall notify the competent Prosecution at least 3 months before the inmate’s date of release to verify if he has fulfilled the financial obligations he is sentenced to and his capability of fulfilling them. The Prosecution shall order the inmate to pay if it is proven that he is capable of fulfilling such obligations.

Article (202)

The institution director shall send his recommendation for the release of the inmate on conditions or for non-release to the Public Prosecutor, indicating his reason, at least one month before the release date. If the inmate on parole is subject to sentences of penalties or expenses that shall be enforced by physical coercion or outside labour, such rulings shall be executed starting on the date of the conditional release.

Article (203)

If the inmate is on parole, he shall be handed over to the local police station or People's Security station in the jurisdiction of which the residency of the released inmate is located, along with the form of the release order for execution. The order shall include the duration of the observation period of the released.

Article (204)

The management of the institution shall issue for the inmate on conditional release a card with his picture. The card shall include the data needed and the duties he shall undertake legally.

The inmate shall be notified that the release order shall be cancelled and he shall be brought back to the institution if he violates these duties or the release conditions or if he shows bad behaviour.

Chapter (20)

General Provisions

Article (205)

Correctional and rehabilitation institutions shall have a Council comprised of:

-        Secretary of the General People’s Committee for Justice as the chairman.

-        General Prosecutor as a member.

-        Secretary of the General People’s Committee for the Social Solidarity Fund as a member.

-        General Clerk of the General People’s Committee for the Workforce, Training, and Employment as a member.

-        Head of the Department of Inspection of Judicial Bodies as a member.

-        Head of the Office of Judicial Affairs and Human Rights of the General People’s Committee for Justice as a member.

-        Head of the Judicial Police as a member.

-        Representative of the Gaddafi International Charity and Development Foundation (GIFCA) as a member.

Article (206)

The Council shall examine the existing penal reform systems in correctional and rehabilitation institutions and their execution methods, decide on means to develop and promote them, in order to ensure the realization of the objectives assigned. It shall also develop plans to establish and improve correctional and rehabilitation institutions and the systems of the treatment of inmates, consider everything related to these institutions, and offer its suggestions and recommendations to the Secretariat of Judicial Affairs and Human Rights at the General People's Conference and the secretaries of the General People's Committees of the relevant sectors.

The Council shall convene once every six months or whenever the need arises at the invitation of its Chairman.

Article (207)

The Decree of the Secretary of the General People’s Committee for Justice No. (342) of 1982 AD on the Executive Regulation for the Law No. (47) of 1975 AD on prisons shall be repealed. Any provision contrary to the provisions of this Decree shall also be repealed.

Article (208)

These regulations shall enter into effect from the date of their issuance and shall be published in the Code of Procedure.

General People’s Committee – Libya

Issued on 21 Ramadan

Corresponding to 24/10/1373 FDP (2005 AD)

 

 

Table (1)

Clothes for Male Inmates

  1. Winter wool sweaters x 2
  2. Winter wool trousers x 2
  3. Winter wool shirts x 2
  4. Summer vests x 2
  5. Summer trousers x 2
  6. Underpants x 2
  7. Undershirts x 2
  8. Head cover with (inmate) written on it x 2, one for winter and one for summer
  9. Nose handkerchief x 2

10.  High boots x 1

11.  Wool socks x 2

12.  Slippers x 2

13.  Pyjama x 2

14.  Prayer rug x 1

15.  Spoon x 1

16.  Toothbrush

17.  Tea cup x 1

18.  Food plate x 1

19.  Water drinking recipient x 1

20.  Blankets x 4 – Only 2 are given in summer

21.  Bed sheets x 2

22.  Pillow x 1

23.  Rubber mattress x 1

24.  Face towel x 1

25.  Winter coat x 1

26.  Work garment x 1 for workers in workshops and professional works

Note: The colour of the sweater, trousers, and head cover shall be as follows:

  1. Crimson colour for convicts of the death penalty.
  2. Light yellow colour for convicts of life imprisonment.
  3. Light blue colour for convicts of imprisonment.
  4. Grey colour for convicts in detention.
  5. White colour for inmates serving provisional detention.

 

 

Table (2)

Clothes for Female Inmates

  1. Blankets x 2
  2. Winter wool robe x 2
  3. Summer robe x 2
  4. Shirt x 2
  5. Underpants x 2
  6. Head cover x 2
  7. Menstruation pads x 4
  8. Nose handkerchief x 2
  9. Winter wool blanket x 1

10.  Low shoes x 1

11.  Wool socks x 2

12.  Winter blankets x 4

13.  Summer blankets x 2

14.  Sheets x 2

15.  Pillow x 1

16.  Rubber mattress x 1

17.  Face towel x 1

18.  Prayer rug x 1

19.  Slippers x 2

20.  Spoon x 1

21.  Tea cup x 1

22.  Food plate x 2

23.  Drinking recipient x 1

24.  Toothbrush x 1

25.  Robe x 2

The robe colour shall be as prescribed for the sweater and trousers for male inmates.

 

 

Table (3)

Clothes for Infants

  1. Underpants x 4
  2. Summer shirt x 2
  3. Winter sweater x 2
  4. Bed x 1
  5. Bib x 2
  6. Baby bottle x 1
  7.  Potty x 1
  8. Baby shoes x 2
  9. Socks x 2

10.  Head cover x 2

11.  Winter coat x 2

12.  Baby blanket x 2

13.  Baby boiler x 2

 

 

Table (4)

  1. a.     Clothes for Male Released Inmates
  2. Long-sleeved cotton shirt x 2
  3. Thick linen trousers x 2
  4. Underwear x 2
  5. Handkerchief x 2
  6. Socks x 2 (winter)
  7. Low shoes x 1 (winter)
  8. Sandals x 1 (summer)
  9. Long-sleeved wool over shirt x 1 (winter)
    1. b.     Clothes for Female Released Inmates
    2. Cotton robe x 2 (winter)
    3. Wool robe x 2 (winter)
    4. Cotton belt x 1 (summer)
    5. Underwear x 2
    6. Handkerchief x 2
    7. Head scarf x 2
    8. Socks x 2 (winter)
    9. Low shoes x 1 (winter)
    10. Sandals x 1 (summer)
      1. c.      Clothes for Infants Whose Mothers Are Released
      2. Cotton robe x 2 (summer)
      3. Wool robe x 2 (winter)
      4. Underwear x 2


 

Table (5)

Food Ingredients for Inmates

Food Type

Friday

Grams

Saturday

Grams

Sunday

Grams

Monday

Grams

Tuesday

Grams

Wednesday

Grams

Thursday

Grams

Notes

Bread

400

400

400

400

400

400

400

 

Pasta

 

150

 

150

 

 

150

 

Couscous

150

 

 

 

150

 

 

 

Rice

 

 

150

 

 

150

 

 

Soup

 

 

150

 

 

150

 

 

Imported margarine

10

10

10

10

10

10

10

 

Oil

40

40

40

40

40

40

40

 

Tomatoes

40

40

40

40

40

40

40

 

Pepper

40

40

40

40

40

40

40

 

Nuts

2

2

2

2

2

2

2

 

Lamb meat

150

 

 

 

 

 

 

 

Chicken

 

300

 

 

 

300

 

 

Potatoes or green beans

100

 

100

 

100

 

150

 

Lentils

 

 

150

 

 

150

 

 

Dried beans

 

50

 

 

50

 

 

 

Dried chickpeas

50

 

50

50

 

50

50

 

Kidney beans

50

 

 

50

 

 

 

 

Dried onions

50

50

50

50

50

50

50

 

Salad

150

150

150

150

150

150

150

 

Green tomatoes

50

50

50

50

50

50

50

 

Kiwi

50

 

50

 

50

50

50

 

Lime

20

20

20

20

20

20

20

 

Salt

20

20

20

20

20

20

20

 

Sugar

100

100

100

100

100

100

100

 

Coffee

10

10

10

10

10

10

10

 

Tea

10

10

10

10

10

10

10

 

Fresh milk

Litre

1/4

1/4

1/4

1/4

1/4

1/4

1/4

 

Triangle cheese

 

2

2

 

2

2

2

 

Olives

50

 

 

50

 

 

 

 

Egg

1

1

1

1

1

1

1

 

Parsley

2

2

2

2

2

2

2

 

Various fruits

200

200

200

200

200

200

200

 

Bean vegetables

100

 

100

 

100

100

100

 

 


 

Table (6)

Clarification of the Daily Food for Inmates

During the Three Meals

Breakfast / (One of the below types shall be served interchangeably, in addition to milk, coffee, or tea)

100 grams of bread

250 ml of milk

50 grams of tuna

One egg

30 grams of halva

50 grams of olives

2 pieces of cheese triangles

25 grams of jam or butter

25 grams of coffee

 

Lunch:

100 grams of bread

150 grams of couscous, rice, or pasta

150 grams of lamb or beef

Or 300 grams of chicken

50 grams of minced meat shall be added to pasta with sauce, according to Table (4).

150 grams of salad

150 grams of tomatoes

 

Dinner:

200 grams of bread

Beans

50 grams of kidney beans for two days

50 grams of peas for two days

50 grams of lentils for two days

150 grams of potatoes for one day

Tea

 

Additional food for patients, unless the doctor decides otherwise:

  1. Grilled or regular meat (twice the amount prescribed).
  2. Or grilled chicken (twice the amount prescribed).
  3. 500 ml of fresh milk or as determined by the doctor.
  4. Fresh or cooked vegetables (twice the amount prescribed).
  5. Eggs (twice the amount prescribed).

 

 

Table (7)

Works Suitable for Inmates

  1. Sentenced to imprisonment with labour:
    1. Crafts and industries: Spinning, weaving, knitting, shoe manufacture, saddles manufacture, blacksmithing, plumbing, carpentry, dry cleaning, bookbinding, tapestry, and manufacture of coats and bags.
    2. Cleaning.
    3. Garden works.
    4. Washing.
    5. Kitchen work.
    6. Combating illiteracy.
    7. Office work.
    8. Sentenced to imprisonment:
      1. Construction and architecture.
      2. Logging and sawmilling.
      3. Drilling, transfer of soil, and covering swamps.
      4. Agriculture.
      5. Soap industry.
      6. Sentenced to life imprisonment:
        1. Reclamation of arid land.
        2. Road maintenance.
        3. Loading and unloading.
        4. Baking.