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Part I: Constitutional Framework

Law No. (18) of 1964 on the security force

Royal Decree

Law No. (18) of 1964 AD

on the Security Force

We, Idris I, King of the Kingdom of Libya,

Upon review of:

· Articles (64) and (68) of the Constitution, and Law No. (33) of 1963 AD on the Security Force;

· Based on the submission of the Minister of Interior and the approval of the Cabinet;

decree the following:


Part (1)

The Security Force and Competencies Thereof


Article (1)

The Security Force shall be an armed regular force. The commander-in-chief of said Force shall be the King. The Force shall be subordinate to the Minister of Interior.

Article (2)

The Security Force shall hold competence to maintain order and public security in the country, in particular prevention and control of crime, protection of human life, honour, and property, management of prisons, regulation of traffic, conduct rescue operations and extinguish fires, monitor entry and departure from the country and residence of foreigners, and other tasks imposed under the law and regulations.

Article (3)

Members of the Security Force may exercise force without using weapons to the extent necessary, provided that such is the only manner in which they can perform their duty.

Article (4)

Members of the Security Force may use weapons in the following circumstances:

I: Arrest of:

1. Persons convicted of a felony or sentenced to imprisonment for a period of more than three months, if they resist or attempt to escape.

2. Persons accused of a felony, in flagrante delicto misdemeanour where arrest is permitted, or against whom a written arrest order has been issued, if they resist or attempt to escape.

II: When guarding prisoners in the circumstances and conditions set out in the Prison Law.

III: To break up assemblies or demonstrations of at least five persons if they put public security at risk and after warning those assembled to disperse. The order to use weapons in this case shall be issued by a superior to whom obedience is required.

In all of the preceding cases, opening fire must be the only way to achieve the preceding objectives.

Members of the Force shall start by giving a warning that they will shoot then resort to firing at the legs. A decree from the Minister of Interior shall specify the means that must be used in all cases prior to opening fire and how to deliver the warning.

Part (2)

Formation and Administration of the Force and Branches Thereof


Article (5)

The Security Force shall consist of:

1. Police officers.

2. Non-commissioned officers and soldiers.

Article (6)

There shall be a director general of the Security Force in Tripoli, Benghazi, and Sabha who is responsible to the Minister of Interior for the maintenance of public security, criminal investigations, prisons, traffic, inspections, order, training, and warehouses for the governorates that fall within their area of jurisdiction.

The aforementioned directors-general of the Security Force shall be selected by the Cabinet from senior Security Force officers. The competencies of each shall be based on a decree from the Cabinet.

Each director shall have a deputy assisting them in their competencies and taking their place in the event of absence or vacancy of the position.

Article (7)

In each governorate an official of the Security Force shall be appointed, who shall be responsible for the activities of their position to the Director-General of the Security Force.

Article (8)

a. The following departments shall be established within the Ministry of Interior:

1. Department of Passports and Residence of Foreigners.

2. Department of State Security.

3. Department of Statistics and International Criminals Affairs.

Other departments may be established pursuant to a decree from the Minister of Interior.

b. Each of these departments shall be presided over by a senior security officer selected by the Cabinet, based on a recommendation from the Minister of Interior.

Article (9)

The Department of Passports and Residence of Foreigners shall hold competence to issue passports, grant entry, exit, and residence visas, and oversee all migrant affairs in accordance with the laws and regulations. It shall also hold competence over matters pertaining to monitoring foreigners in the country, keeping records on them, monitoring their residence, preparing personal identification cards for them, and executing deportation decisions, in accordance with the provisions provided under the laws and regulations.

Article (10)

The Department of State Security shall hold competence over all issues related to state security.

Article (11)

The Department of Statistics and International Criminals Affairs shall hold competence to track international criminals, submit technical assistance in international criminal police matters, execute decisions to extradite or receive criminals between Libya and foreign countries, and collect, organize, tabulate, and publish statistics on criminal affairs.

Article (12)

The regulations related to the organization of the Security Force in the governorates and in the departments of the Ministry of Interior shall be issued pursuant to a decree from the Minister of Interior.

Article (13)

A sufficient number of officers and other members of the Security Force shall be appointed to the various departments referred to in this Law, and a sufficient number shall also be appointed to the governorates, districts, and directorates. Their units shall be regulated pursuant to a decree from the Minister of Interior.

Article (14)

1. A Supreme Coordination Affairs Council shall be formed in the Ministry of Interior from two directors-general of the Security Force and a Deputy Minister of Interior. The council shall be presided over by the highest ranking member and its task shall be to coordinate activities related to state security and international criminals, standardize training tools, weapons, and tasks, prepare the Security Forces’ draft budget, and other matters that the Minister of Interior deems fit to submit to the council for its opinion thereon.

2. The Supreme Coordination Affairs Council shall meet at the invitation of its chairman at least one every three months. Council decisions shall be issued by majority vote, and in the event of a tie the chairman shall have the casting vote.

3. Council decisions shall not be effective until approved by the Minister of Interior.

Article (15)

1. The ranks and insignia of Security Force members shall be as follows:

a. Officers:

Lieutenant General: a crossed sword and stick with a crown and star above them.

Major General: two crossed swords and a stick with a star above them.

Brigadier: a crown and three stars.

Colonel: a crown and two stars

Lieutenant Colonel: a crown and a star.

Major: a crown.

Captain: three stars.

First Lieutenant: two stars.

Second Lieutenant: one star.

b. Non-Commissioned Officers and Soldiers:

Staff Sergeant: a crown on the right wrist.

Sergeant: three stripes on the right arm.

Corporal: two stripes on the right arm.

Private: nothing.

2. Members of the Security Force shall wear the uniform determined by the Minister of Interior.

Article (16)

Appointment to the rank of Second Lieutenant shall be from among civilians, if the candidate meets the following conditions:

1. Is of Libyan nationality and is not married to a foreigner.

2. Has obtained a secondary school completion certificate or equivalent.

3. Is not under 20 years of age and not over 25 years of age.

4. Has a height of not less than 168 cm.

5. Is of good character and conduct and has no criminal record.

6. Passes the physically fit for service exam.

7. Has successfully completed a training course at a police training institute.

Candidates shall be appointed on a trial basis for a period of not less than one year and not more than two years, after which they shall be appointed to or released from service. Appointment to the rank of second lieutenant may be through promotion from among the ranks of staff sergeant based on seniority and taking into consideration capability, within the limit of half of the vacancies in the rank.

Appointment to this rank shall in all cases be by royal decree, based on a submission from the Minister of Interior.

Article (17)

Officers shall be promoted on the basis of seniority, taking capability into consideration. Promotions may be made only to the rank directly following the rank from which an officer is promoted.

Promotions shall be by royal decree based on a submission from the Minister of Interior, after consulting a committee formed pursuant to a decree issued by the Minister of Interior. Such committee shall be presided over by a deputy minister of interior and have as members four Security Force officers holding a rank not lower than lieutenant colonel.

In all cases, the committee members must have a rank higher than the rank of the officer proposed for promotion, or greater.

Article (18)

In order for a promotion to be permissible, the officer must have spent the period set out in the attached schedule in the rank from which they are being promoted, the confidential reports on the officer must be satisfactory, and the officer must successfully past the promotion exam, if holding a rank lower than captain.

Article (19)

Royal warrants shall be granted to officers upon appointment or promotion.

Article (20)

1. The requirements for promotion to the ranks of corporal, sergeant, and staff sergeant are as follows:

a. Has spent two years in each rank.

b. Is of good repute and conduct.

c. Capability.

2. Promotion to the rank of staff sergeant requires successful completion of a training course, although exemptions from this course may be made under a decree from the Minister of Interior if the candidate fulfils special qualities or considerations that the director general of the Security Force or the relevant department head deems to be in the interest of public service.

3. In all cases, promotions shall be made under a decree from the Minister of Interior.

Article (21)

The following is required for appointment to the rank of private:

1. The candidate is of Libyan nationality and is not married to a foreigner.

2. Is not under 18 years of age and not over 25 years of age.

3. Has a height of not less than 168 cm.

4. Holds the basic qualities required for service in the police.

5. Passes the physically fit for service exam.

6. Is of good character and conduct and has no criminal record.

7. Reads and writes the Arabic language well, with preference to those who are also conversant in a foreign language.

8. Has successfully completed a training course at a police training institute.

The Minister of Interior may exempt a candidate from the requirements set out in items (2), (3), (7), and (8) if the nature of the work is technical or professional requiring expertise or special qualities.

Appointments shall be made pursuant to a decree from the Minister of Interior after conducting a competition between the candidates and on the basis of the results of such competition.

Article (22)

Upon appointment, members of the Security Force shall take the following oath:

“I swear to God to be faithful to the country and the king and to perform my duty in good faith and truth.”

Directors-general of the Security Force, their deputies, and the heads of other departments shall swear the oath before the Minister of Interior. Other officers and members of the Security Force shall swear the oath before the director-general of the Security Force or relevant department head or representative thereof.

Article (23)

The salaries and bonuses of members of the Security Force shall be in accordance with the schedules attached. Force members may be granted bonuses and other allowances and may be granted exceptional material or moral remuneration for excellent work for the Force or the country or compensation for injury suffered while performing their service or because of such service, all in accordance with the conditions and rules specified under the regulations issued by royal decree.

Article (24)

Without prejudice to Article (6), officers shall be transferred pursuant to a decree from the Minister of Interior. The transfer of other Force members directly affiliated to security directors shall be by a decree therefrom. Transfer of members of the police affiliated to the departments set out in Article (8) shall be by a decree from the competent department head, provided that the transfer is not to another department or to the governorates, in which case the transfer shall take place by a decree from the minister.

Part (4)

Vacation and Leave

Article (25)

Members of the Security Force are entitled to a paid annual vacation, granted to them taking into consideration public interest requirements, as follows:

a. 36 days for officers holding a rank of colonel and higher.

b. 30 days for other officers.

c. 28 days for non-officers.

Annual vacations may be joined together in such a way that the vacation taken in one year not exceed that granted in two years.

Article (26)

When required, members of the Force may be granted additional paid vacation, provided it not exceed one week per year.

When required, they may also be granted special unpaid vacation for a period not exceeding six months every three years, by a decree from the Minister of Interior.

Article (27)

Members of the Security Force shall be granted sick leave as follows:

a. If the illness or injury is due to a cause related to the performance of their service, Force members shall be entitled to sick leave at full salary throughout their hospital stay, and the leave may be extended for another period not exceeding one year at full salary. The aforementioned leave shall be granted at the recommendation of a government medical committee formed pursuant to a decree from the Minister of Interior.

b. If the illness or injury is due to a cause not related to the performance of their service, Force members shall be granted sick leave at full salary for a period not exceeding four months. If they do not return to work after the end of this period, the beneficiary shall be granted time from their annual vacation. If they do not return after that, another sick leave at half-pay for a period not exceeding three months shall be granted. If they do not recover from their illness or injury after the end of the said three months, a report on the extent of their viability for work shall be submitted to the medical committee referred to in paragraph (a).

c. If the illness or injury is the result of the negligence of the Force member, sick leaves shall be granted in accordance with the preceding paragraph. If they are unable to return after the end of these leaves, their service may be terminated and they may be referred to retirement.

Article (28)

Members of the Security Force shall be treated at Libyan hospitals at government expense. However, if the medical committee set out in the preceding Article decides that treatment is not possible at one of these hospitals, and the illness or injury is due to the performance of their service and without any negligence on the part of the Force member, the Cabinet may decide to treat them abroad at government expense. Force members sent abroad on official duty shall be treated at government expense if the injury or illness occurred while abroad. The need for treatment must be established under a medical report authenticated by the Libyan consulate or body acting in its place.

Part (5)

Discipline

Article (29)

Without prejudice to the provisions of the Penal Code or any other law, anyone who does the following shall be placed on disciplinary trial:

1. Is negligent in the performance of the duties incumbent upon them.

2. Wrongfully transgresses the limits of their duties or abuses one of the powers entrusted thereto.

3. Threatens, insults, hits, or uses violence against any member of the Security Force.

4. Causes or assists any member of the Force to desert.

5. Is unable to present the weapon, clothing, or equipment entrusted to them in good condition whenever requested.

6. Destroys, damages, or misuses any Force property or causes the damage or loss any part thereof due to negligence.

7. Is absent without leave.

8. Disobeys a superior’s orders or is remiss in following them

9. Commits any act against order or against the Security Force code or any act harming the dignity or insulting the reputation of the Force.

10. Rebels or incites others to rebel.

Article (30)

The disciplinary penalties imposed on members of the police are:

1. Censure.

2. Reprimand.

3. Deduction from their salary for a period of not more than 14 days.

4. Loss of annual bonus.

5. For non-officers, confinement to barracks for a period of not more than 14 days, with or without the twice-daily punitive exercises

6. Suspension from work with loss of half their salary for a period of not more than three months.

7. Reduction of seniority.

8. Reduction of rank.

9. Dismissal with possible loss of a portion of the relevant retirement rights, not to exceed half.

Article (31)

Any Security Force officer may arrest or order the arrest of any non-officer members of the police if they commit one of the acts set out clauses (3), (4), (5), (6), (8), (9), or (10) of Article (29). In this event, the arrested individual must be transferred to investigation.

Article (32)

Without prejudice to the preceding Article, any member of the Security Force committing one of the acts set out in Article (29) or one of the crimes penalized under the Penal Code or other laws may be suspended from work until the accusation levelled at them is resolved.

For officers, suspension decisions shall be issued by the Minister of Interior. For others, such decisions shall be issued by the officer who is their direct superior. The superior shall immediately notify the director general of the Security Force or competent department head of the decision for their review.

Suspension shall entail deprivation of half of the salary throughout the suspension period, provided that the amounts lost are returned to the Force members if the accusation is not proven.

Article (33)

Investigation of disciplinary crimes committed by members of the Security Force who are not officers shall be handled by a police officer assigned for this purpose by the general director of the Security Force or the relevant department head. The investigating officer shall or the relevant department head. The investigating officer shall [sic] write up a report of the investigation and transfer it to the competent body at the court within two days at most from the date the investigation ends.

Article (34)

Trials of Security Force members holding a rank of staff sergeant shall be before an officer holding a rank not lower than lieutenant colonel. Other non-commissioned officers and soldiers shall be tried before an officer holding a rank not lower than captain. When necessary, an officer holding a rank lower than lieutenant colonel or captain may be assigned, according to the case, to preside over the trial. The officer presiding over the trial shall be appointed in the same decree issued on the appointment of the investigating officer.

Trial procedures shall be organised under regulations issued pursuant to a decree from the Minister of Interior.

Article (35)

The disciplinary penalties that may be imposed by the officer presiding over the trial in accordance with the preceding paragraph are:

1. Censure.

2. Reprimand.

3. Deduction from their salary for a period of not more than seven days.

4. Confinement to barracks for a period of not more than seven days, with or without punitive exercises.

If the officer presiding over the trial deems that the accusation requires a more severe penalty than those set out in the preceding paragraph, and said officer holds a rank not lower than lieutenant colonel, he may impose any of the other penalties set out under Article (29). If the officer holds a rank lower than lieutenant colonel, the case and case reports with his observations shall be transferred to the director general of the Security Force or the competent department head. In this event, the relevant director shall assign another officer holding a rank not lower than lieutenant colonel to preside over the trial.

Article (36)

The general director of the Security Force or the competent department head shall be informed of the penalties imposed under the preceding Article within two weeks from the date they are rendered for approval, and they may set aside or mitigate the penalty imposed, and may order a retrial or preside over such retrial personally.

Article (37)

The investigation of disciplinary crimes committed by an officer of the Security Force holding a rank of second lieutenant to lieutenant colonel shall be handled by an officer assigned for this purpose by the director-general of the Security Force or competent department head, on condition that such officer holds a rank higher than that of the accused officer. The investigating officer shall draft a report of the investigation to be filed with the director general of the Force or the department head within two days at most from the end of the investigation.

Transfer decisions shall be issued by the competent director within one week at most from the date they are notified of the investigation report. The transfer decision shall include a statement of the accusation attributed to the officer and the accused officer shall be served a copy of the transfer report with the date of the session set for their trial. The notification shall be by registered letter with return receipt at least fifteen days prior to the date set for the disciplinary council to convene.

Article (38)

Trial of the officers referred to in the previous Article shall be handled by a disciplinary council formed of three officers assigned under a decree from the Minister of Interior. The council chairman must hold a rank higher than that of the accused officer and the members must not hold a rank lower than that of said officer.

The secretariat of the disciplinary council shall be handled by an officer assigned by the Minister of Interior from among the officers who hold a rank that is not lower than that of the chairman.

The disciplinary council shall convene at the time and place specified by the chairman.

Article (39)

Officers transferred to the disciplinary council may examine the investigations conducted and all documents related thereto, make a copy thereof, and request that the documents they deem necessary to their defence be added to the case file. They may attend the trial sessions personally and may submit their defence in oral or written form, or appoint an officer from the Force to defend them.

Article (40)

The disciplinary council may hear the witnesses for the prosecution and the defence, if required, and may entrust the completion of the investigation to one of its members.

Article (41)

Council decisions shall be issued by majority vote and such decisions must include the grounds on which they are based.

The officer shall be notified of the disciplinary council decision within a week from its issue date, and the Minister of Interior shall be notified at the same time.

Article (42)

Officers may file a grievance against disciplinary council decisions before the Minister of Interior by registered letter with return receipt, within fifteen days from the date they are notified of the decision.

Article (43)

The Minister of Interior shall ratify disciplinary council decisions within the two weeks following expiration of the deadline set out in the preceding paragraph. In this regard, the minister shall have the right to mitigate or set aside the penalty or request a retrial. The lapse of the deadline set out in this Article without approval of the decision shall be deemed approval thereof.

Article (44)

With the exception of the preceding Articles, imposition of disciplinary penalties on officers who commit the crime set out in clause (7) of Article (29) shall fall within the jurisdiction of the director-general of the Security Force or the competent department head, after hearing the statements of the accused officer. The director may assign an officer holding a rank higher than that of the accused officer to hear the statements of said officer. The penalty for this crime shall be one of those set out in clauses (1), (2), and (3) of Article (30).

The provisions of the second paragraph of Article (41) and of Articles (42) and (43) shall apply to disciplinary decisions issued in accordance with the provisions of the preceding paragraph.

Article (45)

Investigation of disciplinary crimes committed by officers of the Security Force holding a rank of colonel and above shall be handled by an officer assigned for this purpose by the Minister of Interior, on condition that he hold a rank higher than that of the accused officer. The investigating officer must write up a report of the investigation to be submitted to the minister within two days at most from the end of the investigation.
Decisions to transfer to trial shall be issued by the minister within one week at most from the date he is notified of the investigation report. The provisions and procedures set out in the second paragraph of Article (37) shall be followed with regard to this decision.

Article (46)

The trial of officers set out under the previous Article shall be handled by a Supreme Disciplinary Council chaired by a counsellor from the Supreme Court and have as members two officers selected by the Minister of Interior on condition that they hold a rank higher than that of the accused officer. The secretariat of the council shall be managed by an officer assigned by the minister.

Article (47)

The procedures set out in the last paragraph of Article (38) and Articles (39) and (40) shall be followed before the Supreme Disciplinary Council.

Article (48)

The penalties that may be imposed by the Supreme Disciplinary Council shall be:

1. Censure.

2. Reprimand.

3. Dismissal with possible loss of a portion of the relevant retirement rights, not to exceed half.

The provisions set out in Articles (41), (42), and (43) of this Law shall apply to the decisions of this Council.

Part (6)

Termination of Service

Article (49)

Members of the Security Force shall have their service terminated for any of the following reasons:

1. Referral to retirement.

2. Not being physically fit to serve.

3. Resignation.

4. Dismissal.

5. Being convicted of a felony or a crime of moral turpitude.

6. Loss of Libyan nationality.

7. Marriage to a foreigner.

Article (50)

Referral to retirement and the conditions thereof shall be regulated by the Law on the retirement of members of the Security Force. Members of the Security Force shall be entitled to pensions and remuneration upon retirement, in accordance with the provisions of said Law.

Article (51)

Not being physically fit to serve shall be established pursuant to a decision from the medical committee set out in Article (26). The service of Force members may not be terminated for not being physically fit to serve prior to using up their sick leaves and regular vacations in accordance with the provisions set out herein, unless the member requests termination of their service prior to using up these leaves and vacations.

Termination of service in accordance with this Article shall not impair the rights of Force members related to their retirement.

Article (52)

Officers and other members of the Force may resign from their position. The resignation shall be written and free of any restriction or condition. Service shall not be terminated except by issuance of a royal decree accepting such resignation for officers or a ministerial decree on the acceptance of such resignation for other ranks. Decisions on resignation requests shall be rendered within sixty days from their submission date; if no decision is rendered within this time period, the resignation shall be deemed to be accepted. Acceptance of a resignation may be deferred during this time period for reasons related to the interest of public security or to pursue disciplinary measures against the Force member.

The resignation of a Force member transferred to disciplinary or criminal trial shall not be accepted until after a ruling is issued on the case that does not include a penalty of dismissal.

The resignation of soldiers submitted prior to the completion of three years of their appointment shall not be accepted.

Force members must remain in their jobs until they are informed that the resignation has been accepted.

Resignation shall not impair the rights of Force members related to retirement.

Part (7)

General and Transitional Provisions

Article (53)

Governors may oversee and utilize the services of the Security Force members that work in their governorate to maintain order and security and other matters that fall within their jurisdiction. The commandant shall replace and exercise the competencies of the governor in his absence.

Cooperation between governors and directors-general of the Security Force shall be coordinated pursuant to a decree from the Minister of Interior.

Article (54)

With regard to prohibited acts, the provisions set out in the Civil Service Law with regard to unclassified employees shall apply to members of the Security Force.

Article (55)

The use of additional police shall be governed under regulations issued by the Minister of Interior.

Article (56)

The Department of Accounting and Financial Affairs at the Ministry of Interior shall handle all activities related to financial affairs and accounting for members of the police.

Article (57)

Force officers in service at the time this Law comes into force shall be exempted from the provision on termination of service due to marriage to a foreigner.

Article (58)

Without prejudice to Articles (6) and (8), a royal decree appointing the directors-general of the Security Force and specifying their headquarters and areas of jurisdiction, and appointing the heads of other departments shall be issued within fifteen days from the date this Law comes into force. The Minister of Interior shall also issue decisions on the redistribution of Force members in accordance with the requirements of the system set out in this Law.

Article (59)

Law No. (33) of 1962 on the police force shall hereby be repealed. The regulations and decrees issued in accordance with the provisions hereof shall remain in force until repealed or amended in accordance with the provisions of this Law.

Article (60)

The Minister of Interior shall implement this Law and issue the decrees required for such. This Law shall come into force on the date of its publication in the Official Gazette.

Issued at Salaam Palace on 1 Jumada al-Thani 1384 AH

Corresponding to 8 October 1964

By order of the King

Ibrahim bin Shaaban

Acting Prime Minister

Mahmoud al-Bishti

Minister of Interior

Text Type:Law
Text number:18
Text date:1964-10-11
Institution:Head of State
Status:Repealed

Repealed by the following texts:

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