Law No. (10) of 1992 on Security and Police and its amendments

 

Law No. (10) of 1992

on security and police

  • In execution of the resolutions adopted by Basic People’s Congresses in their second ordinary session of 1401 FDP corresponding to 1991 AD, and formulated by the General Forum of People’s Congresses, People’s Committees, trade unions, syndicates, and professional associations (General People’s Congress) in its ordinary session for the period of 12-22 Dhu al-Hijja 1401 FDP, corresponding to 13-23 June 1992 AD;
  • Upon review of the Penal Code and the Code of Criminal Procedure;
  • Law No. (18) of 1963 on personal identification cards;
  • The law on weapons, ammunition, and explosives, and the amendments thereof;
  • Law No. (11) of 1971 on civil defence;
  • Law No. (6) of 1972 on the police, and the amendments thereof;
  • Law No. (47) of 1975 on prisons;
  • Law No. (55) of 1976 on civil service, and the amendments thereof;
  • Law No. (21) of 1977 establishing thePublic Safety Commodity Importing Co. (Silamnia);
  • Law No. (13) of 1980 on social security;
  • Law No. (18) of 1980 on Arab nationality;
  • Law No. (15) of 1981 on the salary system of national workers in the Socialist People’s Libyan Arab Jamahiriya;
  • Law No. (11) of 1984 on driving on highways;
  • Law No. (4) of 1985 on travel documents;
  • Law No. (18) of 1985 on local people’s security;
  • Law No. (6) of 1987 on the entry, departure, and residence of foreigners in Libya;
  • Law No. (10) of 1989 on the treatment of Arab nationals;
  • Law No. (7) of 1990 on drugs and psychotropic substances;
  • Law No. (13) of 1990 on People’s Committees;

the following law was formulated:

Article (1)

The provisions of the attached law shall be applicable with respect to security and police.

Article (2)

The executive regulation of this law shall be issued by a decision of the General People’s Committee based on the proposal of the General People’s Committee for Justice.

Article (3)

The executive regulation of this law shall govern in particular:

  • The systems and methods of citizen contribution to security and public order.
  • Duties and obligations of People’s Security volunteers, and the regulation of the performance thereof.
  • Approval requirements for volunteering in People’s Security and the relevant procedures;
  • Financial treatment of People’s Security volunteers.
  • Forms, registers, books, and cards necessary for the implementation of the provisions hereof;
  • Conditions for carrying weapons, equipment, and the ID card for People’s Security volunteers;
  • Disciplinary rules and controls regarding service affairs of People’s Security volunteers.

Article (4)

Law No. (81) of 1985 on local People’s Security shall be repealed. Any provision that contravenes the provisions hereof shall be repealed.

The executive regulations and decisions effective at the time of issuance of this law shall remain in force insofar as they do not contravene the provisions hereof, until they are amended or repealed.

Article (5)

This law shall enter into force from its date of issuance. It shall be published in the Official Gazette and the various media.

General People’s Congress – Libya

Issued on 4 Rabi’ al-Awwal 1402 FDP

Corresponding to 3 September 1992 AD

 

 

 

Law on Security and Police

Article (1)

Security in the Jamahiriyan society is the responsibility of every citizen, man or woman.

Article (2)

Every citizen, man or woman shall report, in any possible way in performing the citizen’s security duty, any facts or information that may prejudice the Jamahiriyan regime based on the power of the people, disrupt public order, or endanger lives, dignities, or property.

Article (3)

Competent entities shall receive and take the necessary actions to facilitate and simplify the acceptanceprocedures of such reports.

Article (4)

Competent entities shall undertake immediate search and inquiry and necessary legal procedures regarding such reports or the information reported therein.

Article (5)

Information relating to the identity of persons who report incidents in accordance with this law shall be secret and shall not be disclosed.

The rules and guidelines thereof shall be regulated by a resolution of the General People’s Committee for Justice.

Article (6)

Part-time volunteers may be admitted to the People’s Security Service to contribute to maintaining security and public order and carry out any other security duties.

Article (7)

People’s Security volunteers shall wear their ID cards during the performance of their assigned duties. They may carry the necessary weapons and equipment to perform such duties.

Article (8)

The General People’s Committee for Justice shall produce the theoretical and practical training programmes for People’s Security volunteers.

Article (9)

Security services may be provided for a fee. The rules, guidelines and procedures thereof shall be issued by a decision of the General People’s Committee for Justice.

Article (10)

The police is a statutory civil agency subordinate to the General People’s Committee for Justice. It shall implement the plans relating to People’s Security programs, maintain the security of the Jamahiriya and public order, and protect lives, dignities, and property.

 

Article (11)

The police agency shall be responsible for preventing, detecting, and pursuing crimes. It shall also control traffic, reform and rehabilitation affairs, civil defence work as well as passport, nationality, personal identification cards, and foreigners’ affairs, in addition to any other competences stipulated by the legislation in force.

Article (12)

The police agency shall be composed of the following:

  • Officers
  • Non-commissioned officers (NCOs)
  • Policemen

Article (13)

Members of the police agency shall be entitled to use force without the use of weapons to the extent necessary for the performance of their duties, insofar as such is the only possible way. The use of weapons shall be limited to the following cases:

  • Apprehension of a person sentenced to a felony penalty or detention for over three months, who resists or attempts to escape.
  • Apprehension of a person accused of felony or caught in flagrante delicto of a misdemeanour that allows for apprehension, if such person resists or attempts to escape.
  • Apprehension of any accused against whom an arrest warrant is issued, if he resists or attempts to escape.
  • Apprehension of any prisoner who attempts to escape; and during the guard of prisoners if they show resistance, subject to the rules and conditions set forth by the law on prisons.
  • Disperse a gathering of five or more persons if such gathering is a danger to public security.

In all the foregoing cases, firing the weapon shall be the only possible way to achieve the aforementioned purposes.

The General People’s Committee for Justice shall issue a decision stipulating the authorities entitled to issue shooting orders, the methods to be used in all circumstances, and the procedure for addressing the shooting warning.

  • Self-defence and resisting armed assault.

Article (14)

The General People’s Committee for Justice shall implement the resolutions of People’s Congresses regarding security and police.

The organisational divisions of the security services, the police agency, and their affiliated services, as well as the competences and powers thereof shall be determined by a decision of the General People’s Committee based on the proposal of the General People’s Committee for Justice. 

 

 

Article (15)

Without prejudice to the competences of the General People’s Committee for Justice, the police shall be subject in the exercise of its duties only to the oversight of the judiciary. 

Article (16)

The heads of security and police departments and their affiliated services shall be assigned from among officer ranks by a decision of the General People’s Committee for Justice. They shall assume their competences in accordance with the provisions hereof.

Article (17)

The ranks of police members shall consist of the following:

  1. For officers:
  • Brigadier General
  • Colonel
  • Lieutenant Colonel
  • Major
  • Captain
  • First Lieutenant
  • Second Lieutenant
  1. For NCOs:
  • Chief Warrant Officer
  • Warrant Officer Class 1
  • Warrant Officer Class 2
  • Master Sergeant
  • Staff Sergeant
  • Sergeant
  • Corporal
  • Policeman

Article (18)

Members of the police agency shall wear the uniform and insignia prescribed by a decision of the General People’s Committee for Justice.

Article (19)

Persons appointed to officer ranks shall meet the following requirements:

  1. Must be a citizen of the Great Socialist People’s Libyan Arab Jamahiriya and possess his civil rights.
  2. Must have completed twenty-one years of age.
  3. Must be of good conduct.
  4. Must not be convicted of any felony or misdemeanour of moral turpitude, even if he has been rehabilitated.
  5. Must not have been discharged by a disciplinary decision.
  6. Must be physically fit, which shall be established through the prescribed medical examination.
  7. Must have graduated from an approved police academy.
  8. Must not have a foreign spouse.
  9. Any other requirements issued by a decision of the General People’s Committee for Justice.

Article (20)

Appointment to officer ranks shall be effected by a decision issued by the General People’s Committee at the proposal of the General People’s Committee for Justice.

Officers shall be appointed to the lowest rank.

Article (21)

Notwithstanding Article (19), Clause (7), and the last paragraph of Article (20), officers may be appointed to higher ranks if the candidate is a graduate of a recognised university, college or high institute who has successfully completed a training course conducted for this purpose.

Article (22)

Persons appointed to the ranks of NCO and policeman shall meet the following requirements:

  1. Must be a citizen of the Great Socialist People’s Libyan Arab Jamahiriya and possess his civil rights.
  2. Must be between eighteen and thirty years of age.
  3. Must be at least 168 cm tall.
  4. Must be of good conduct.
  5. Must not be convicted of any felony or misdemeanour of moral turpitude evenif he has been rehabilitated.
  6. Must not have been discharged by a disciplinary decision.
  7. Must be physically fit, which shall be established through the prescribed medical examination.
  8. Must not have a foreign spouse.
  9. Must hold an elementary education certificate.

10.  Must successfully complete the training course conducted in a police training academy. The secretary may exempt the candidate from the conditions set forth by Clauses (2, 9, 10) if the candidate possesses technical or professional skills or if the position he is appointed to requires so.

Article (23)

Appointment shall start with the rank of policeman by a decision of the General People’s Committee for Justice. Appointment to an NCO rank may be possible in accordance with the rules and conditions stipulated by the General People’s Committee for Justice.

 

Article (24)

Subject to the provisions of Articles (25) and (29) of this law, members of the police agency shall be promoted by absolute seniority up to the rank of lieutenant colonel. Promotion to the rank of colonel and above shall be made by absolute selection in accordance with the rules set forth by a decision of the General People’s Committee for Justice.

Article (25)

Promotion of police agency members is conditional upon:

  1. Completing the minimum period for promotion stipulated by Tables No. (1) and (2) attached hereto.
  2. Not being convicted by a disciplinary board twice throughout the three years preceding the promotion for violating any clause of Articles (62) or (64).
  3. Passing the promotion exam or successfully completing the training course conducted for this purpose for promotion up to the rank of lieutenant colonel.
  4. Scoring the necessary grade for promotion in the competency report. Promotion examinations and training courses shall be organised by a decision of the General People’s Committee for Justice.

Article (26)

Officers shall be promoted to the rank of lieutenant colonel and above by a decision of the General People’s Committee. Promotion to the rank of major and below shall be effected by a decision of the General People’s Committee for Justice.

Article (27)

Members of the police agency up to the rank of colonel shall be subject to the confidential annual reporting system.

A confidential report shall be prepared annually for each officer by the direct superior, including a statement of his status covering all aspects related to the performance of his duties. The confidential annual reporting system, the entity in charge of the approval thereof, the competency ratings, and all related provisions shall be set forth by a decision of the General People’s Commi5ttee for Justice.

Article (28)

Two files shall be created for each officer of the police agency. The first shall contain the promotion decision and the reasons thereof in addition to other data, documents, observations, information related to his functions, and any complaints proven serious after investigation and hearing the officer’s testimony. The second file shall contain in addition to the foregoing the confidential annual reports submitted about the officer.

Article (29)

The officer may not be promoted if he receives a poor rating in his last annual report or average rating in his last two annual reports. If the average rating recurs in the last three years, the officer shall be deemed transferred to a civil job by law.

 

Article (30)

The chief warrant officer may receive a financial promotion instead of rank promotion in accordance with the rules and conditions set forth by a decision of the General People’s Committee.

Article (31)

Members of the police agency may only be promoted to the next higher rank.

Article (32)

Notwithstanding the provisions of Article (19), Clause (7), Article (24), and Article (25), Clauses (1, 3, 4) of this law, members of the police agency may receive an exceptional promotion for outstanding actions in accordance with the rules and conditions stipulated by a decision of the General People’s Committee for Justice. Exceptional promotions shall not be granted more than twice during the term of police service. The incentive promotion shall be stipulated by a decision of the competent entity responsible for regular promotion.

Article (33)

Subject to the provisions of the previous article, the chief warrant officer may be granted exceptional promotion for outstanding and extraordinary actions in accordance with the rules and conditions stipulated by a decision of the General People’s Committee for Justice.

Article (34)

The following periods shall not be reckoned as part of the specified period for promotion of a police member:

  • The period of absence without authorisation or acceptable excuse exceeding seven consecutive days or thirty separate days during the period spent in a rank.
  • The duration of unpaid leave.
  • Period of confinement in the duty station or room as a disciplinary penalty, if such period exceeds thirty consecutive or separate days during the period spent in a rank.
  • Period of imprisonment in execution of a judicial sentence.
  • Period of provisional detention in the event of conviction.

Article (35)

Seniority for promotion shall be counted from the date of appointment or promotion to the rank. If the appointment or promotion decision involves more than one police member of the same rank, seniority shall be as follows:

  1. If the decision involves promotion, seniority shall be based on the seniority in the previous rank.
  2. If the decision involves appointment, seniority shall be based on the passing grade in the qualification exam required for appointment, and then on seniority in graduation; if the two are equal, seniority shall be given to the older person. The rules for arranging seniority in the cases of exemption from qualification shall be set forth by a decision of the General People’s Committee for Justice.

 

Article (36)

Subject to the provision of Article (29) of this law, any member of the police agency who was transferred from the police agency or who resigned from service may be re-appointed to the same rank and seniority within three years from the date of transfer or resignation, deducting the period of stoppage in the event of resignation.

Article (37)

Members of the police agency shall receive the salaries, bonuses, and financial grades equivalent to their ranks stipulated in the two tables attached hereto.

Article (38)

The salary of a police member shall become payable from the date of assuming his duties. However, if his duty station is located outside his normal residence area, the salary shall become payable from the date of leaving such area.

Article (39)

Upon appointment or promotion, the police member shall be paid the starting salary of the rank to which he is appointed or promoted. If, at the time of promotion, the member’s salary exceeds or equals the starting salary of the rank to which he is promoted, one or more bonuses of the new rank or part thereof shall be added to his new salary, which shall include the succession of annual bonuses prescribed for that rank.

Article (40)

Members of the police agency shall be entitled, under the same prescribed conditions and percentages, to any salary raise or bonus provided to civil servants.

Article (41)

Members of the police agency may be granted a financial or moral remuneration for outstanding actions in accordance with the rules and conditions set forth by a decision of the General People’s Committee for Justice.

Article (42)

A bonus shall be granted to members of the police agency who perform duties of professional, technical, or special character. The conditions and value of such bonus shall be prescribed by a decision of the General People’s Committee based on the proposal of the General People’s Committee for Justice.

Article (43)

Daily supplies shall be allocated to police members tasked with guard details on borders and in oil facilities and ports, as well as other duties requiring such supplies, in accordance with the regulation issued by a decision of the General People’s Committee.

Article (44)

Members of the police agency who sustain injuries during work or because of it shall be entitled to receive medical treatment at the expense of society, be it inside or outside the Jamahiriya.

Article (45)

Any salaries, bonuses, remunerations, or financial benefits that exceed the police member’s dues shall be reimbursed by deduction from his salary and supplements thereof without any judicial procedures and without prejudice to disciplinary or criminal actions when necessary.

Article (46)

Salaries, bonuses, remunerations, and other financial benefits payable to the police member may only be withheld, conceded, or deducted in accordance with the previous article by one-fourth per month. In the event of multiple debts, priority shall be given to alimony, followed by government debt and then the remaining debts.

Article (47)

Without prejudice to any disciplinary or other actions, the police member shall be deprived of his salary for any period of absence without authorisation or justification accepted by his direct superior.

Article (48)

A transfer process of police members may be conducted on an annual basis by a decision of the General People’s Committee for Justice.

Article (49)

The rules, conditions, and procedures pertaining to the reassignment of police members shall be regulated by a decision of the General People’s Committee for Justice.

Article (50)

Members of the police agency who are appointed for their technical or professional qualifications in accordance with the provisions hereof may only be transferred to similar positions of technical or professional character, depending on the case.

Article (51)

Members of the police agency may be seconded to any secretariat, local administration unit, public institution, body, department, corporation, or standalone services. Secondment shall be effected by a decision of the secretary upon approval of the receiving entity.

Without prejudice to the previous provisions, secondment of police members shall be subject to all the rules of secondment applicable to employees governed by the civil service law.

Article (52)

Any member of the police agency who is subject to a transfer, reassignment, secondment or assignment decision shall execute such decision immediately. If such member fails to do so for unacceptable reasons, he shall be subject to the provisions of Article (65) of this law.

Article (53)

The General People’s Committee for Justice may dispatch members of the police agency on training courses not exceeding six months.

Article (54)

Training and rehabilitation facilities for members of the police agency may be established by a decision of the General People’s Committee. The remuneration, accommodation and livelihood of cadets therein shall be at the expense of the State in accordance with the internal organisation set forth by a decision of the General People’s Committee for Justice.

Enrolment therein shall be effected by a decision of the secretary of the General People’s Committee for Justice.

Article (55)

Leaves are the right of every member of the police agency. However, the leave is conditional upon work conditions and interest, subject to the conditions set forth for each type of leave. The prescribed leaves are:

  1. Annual leave
  2. Sick leave
  3. Casual leave
  4. Educational leave
  5. Pilgrimage leave
  6. Special leave without pay

Article (56)

  1. The annual leave of police members shall be thirty days per year. If the police member is fifty-years-old or his service exceeds twenty years, his annual leave shall be forty-five (45) days. Annual leaves may be accumulated on the condition that the leave taken by a police member in one year does not exceed the duration of the leave due for two years.
  2. Accrued leave shall be disbursed in cash to the member of the police agency at the end of service, provided that such compensation does not exceed oneyear’s salary and that the police member has accrued his leave for reasons relating to the interest of work.

Article (57)

Members of the police agency shall be entitled to sick leave on full pay throughout treatment. The conditions and procedures pertaining to sick leave shall be prescribed by a decision of the General People’s Committee.

Article (58)

The duration of leaves referred to in Article (55), Clauses (3), (4), (5), and (6) shall be determined in accordance with the provisions in force related to employees subject to the provisions of the civil service law.

Article (59)

The granting of leaves of all types and the competent granting entity shall be regulated by a decision issued by the General People’s Committee for Justice.

Any leave of police members which are not provided for in this law or in the decision referred to in the previous paragraph shall be governed by the provisions applicable to employees subject to the civil service law.

Article (60)

Upon appointment and before assuming their duties, members of the police agency shall take the following oath:

“I swear by Almighty God to faithfully uphold the Jamahiriyan system, the authority of the people and the safety of the nation, to obey the law, and to perform my duties with loyalty and honesty”

The rules and procedures relating to oaths shall be regulated by a decision issued by the General People’s Committee for Justice.

Article (61)

Members of the police agency shall serve citizens and achieve the public interest in accordance with the law and the regulations and orders in force. They shall, in particular:

  1. Perform their assigned tasks with accuracy and integrity, respect official working hours, dedicate working hours to the performance of duties, and carry out any tasks entrusted thereto outside official hours if required so for the interest of work.
  2. Cooperate with colleagues to carry out duties necessary for ensuring workflow.
  3. Obey their superiors’ orders, act respectfully toward their superiors or higher ranking officers, and treat subordinates well.
  4. Preserve the dignity of their job and adopt a behaviour that shows the appropriate respect for such job.
  5. Carry out any given orders within the limits of laws and regulations in force.
  6. Avoid violating applicable laws and regulations or neglect the implementation thereof during the performance of their duties.
  7. Preserve the confidentiality of matters that come to their knowledge due to their job if such matters are secret by nature or required to be treated as such by directives. This obligation shall remain effective even after leaving the police service.
  8. Take immediate action regarding any activity that jeopardises the security of the Jamahiriya.
  9. Respect the provisions of financial laws and regulations and avoid violating or neglecting the implementation thereof.

10.  Assume responsibility for any orders they issue and for proper work progress within their jurisdiction.

11.  Reside in the area of the assigned department, and not reside away from or outside this area unless for reasons of necessity.

12.  Be good-tempered, exercise self-control at all times, uphold citizens’ dignity and humanity, and avoid using violence against them.

 

Article (62)

Members of the police agency shall be prohibited from carrying out, whether personally or by an intermediary, any act prohibited by applicable laws, rules, and regulations, in particular:

  1. Engaging in any other job, whether personally or by an intermediary, simultaneously with the police job, unless for reasons related to the interest of work and according to the rules and conditions prescribed by a decision of the General People’s Committee for Justice.
  2. Retaining the originals of any official papers or removing such originals from their dedicated files, even if such papersare related to a task assigned to the police member.
  3. Violating the security procedures set forth by a decision of the competent entity.
  4. Purchasing, whether personally or by an intermediary, real estate or movables put on sale by judicial or administrative authorities, if they are related to the job.
  5. Using real estate or movables for the purpose of exploiting the same in the duty station, if such exploitation is connected to the police member’s job.
  6. Practicing any commercial business or having any interest, whether personally or by an intermediary, in bids, tenders, contracting works, or contracts related to the job of the police member.
  7. Committing any prohibitions or forbidden acts other than the foregoing that are stipulated by the legislation in force.

Article (63)

Notwithstanding the provisions of the previous article, the police member may, on the condition of notifying his work entity, perform custodianship, trusteeship, proxy, or judicial assistance if the person subject of guardianship or custodianship or the one assigned a judicial assistant is related to such member by kinship up to the fourth degree. He may also assume custody of properties if he is a partner or has an interest therein or if such properties belong to his relatives up to fourth degree kinship.

Article (64)

Without prejudice to the penalties stipulated by the Penal Code or any other law, whoever commits any of the following acts shall face a disciplinary trial:

  1. Commits an intentional felony or misdemeanour.
  2. Transgresses the limits of his duties or misuses his powers.
  3. Violates the duties stipulated by Article (61) of this law, deviates from the requirements of duty in the exercise of his functions, or neglects the performance of his duties.
  4. Commits any prohibitions stipulated by this law.
  5. Fails to deliver weapons, uniforms, or other police property in his possession when requested.
  6. Destroys, damages, or misuses any police property or causes the destruction or loss of any part thereof due to his negligence.
  7. Feigns sickness.
  8. Neglects hismilitary uniform and personal hygiene.
  9. Mistreats people during the performance of his duty.

10.  Overlooks acts committed by lower ranks that involve violations or deviation from the requirements of duty.

11.  Neglects the performance of his duties.

12.  Commits any act that harms police reputation.

13.  Abuses or misuses his job.

14.  Knowingly receives materials or equipment that violate conditions.

15.  Deserts the service.

Article (65)

The police member is considered a deserter if he fails to report to work for over fifteen days without a permissible excuse, even if such absence follows an authorised leave.

Absence without permissible excuse is when thirty days elapse from the end of the period mentioned in the previous paragraph.

If the deserter reports to work during the period mentioned in the previous paragraph, he shall be apprehended and referred to disciplinary trial. If convicted, he shall be punished bydetention at the workplace or room for sixty (60) days at most. The board may decide to demote the convicted member or terminate his service as a consequential penalty.

If absence exceeds the period mentioned in the second paragraph, the police member shall be discharged from service without any further procedure. The discharge decision shall be issued by the secretary.

Article (66)

Disciplinary penalties that may be imposed on members of the police agency are:

  1. Warning
  2. Salary deduction
  3. Detention at the workplace
  4. Detention in room
  5. Deprivation of promotion for a minimum of one year and a maximum of three years.
  6. Demotion
  7. Discharge

Subject to the provisions of the previous article, the penalty stipulated by Clause (6) may not be imposed on officers. Penalties stipulated by Clauses (3) and (4) may not be imposed on officers of the rank of major and above unless such officers violate Article (64), Clauses (5) and (13) of this law.

Article (67)

The warning penalty may only be imposed once a year.

Article (68)

The salary deduction penalty shall not exceed sixty days per year and fifteen days for each penalty.

In the execution of this penalty, deduction may not exceed one-fourth of the monthly salary after deducting the one-fourth which may be seized or conceded.

Article (69)

Without prejudice to Article (65) of this law, detention at the workplace shall not exceed four weeks and shall take the following into account:

  1. The detainee shall earn his full salary and allocations throughout the detention period.
  2. The detainee shall not be allowed to leave the workplace throughout the penalty period.
  3. The detainee shall not be excused from the official services performed at the workplace.
  4. The detainee shall not be allowed to receive visitors.

Article (70)

Without prejudice to Article (65) of this law, detention in the room shall not exceed four weeks and shall take the following into account:

  1. The detainee shall be deprived of half his basic salary throughout the detention period.
  2. If the detainee is an officer, he shall be placed in a solitary room, while other ranks shall be detained together in one room. Detention shall be executed in the locations designed for this purpose.
  3. The detainee shall be deprived of the right to issue orders, and shall be relieved of the official services related to his job.

Article (71)

In the implementation of the demotion penalty, demotion may only be by one rank. The demotion decision shall specify the seniority of the police member in the rank to which he is demoted.

Article (72)

Subject to the provisions of Article (66) of this law, the member of the police agency shall only be punished by discharge if the previous penalties failed to deter him, or if the act he commits renders him incompetent to remain in service for considerations related to the interest of work.

Article (73)

If the member of the police agency is detained in provisional detention or in execution of a judicial ruling, he shall be suspended by law for the duration of his detention and shall be paid half his salary in the first case and deprived of his salary in the second.

If provisional detention ends with the acquittal of the police member or the dismissal of the action, he shall be paid the suspended half of his salary.

Article (74)

Any member of the police agency who is accused of committing any of the acts stipulated by Article (64) of this law or any crime stipulated by the Penal Code or other laws may be temporarily suspended if so required by the nature of the act he is accused of or by the interest of investigation.

The suspension decision shall be issued by the secretary of the General People’s Committee for Justice. Suspension shall remain effective until the accusation of the police member is settled. However, the suspension period shall not exceed thirty days, unless the member is accused of a felony or crime of moral turpitude.

Suspension of the member of the police agency shall entail suspension of half his salary for the duration of the suspension. If the criminal or disciplinary procedures do not result in his conviction, he shall be reimbursed the half of the salary that had been suspended.

Article (75)

Without prejudice to Articles (65) and (66) of this law, the member of the police agency who commits any of the acts stated in Article (64) shall be tried by his direct superior entitled to conduct summary proceedings. If the act is committed by multiple persons reporting to several administrative entities, the secretary shall appoint the competent prosecution authority.

The competent authority of the summary trial and the penalties it can impose shall be determined by a decision issued by the General People’s Committee for Justice. The penalty decision shall take effect from its date of issuance.

Article (76)

Members ranking lower than captain shall not conduct the summary trial of the officer under their control unless they assume the position of station officer or post officer. In this case, the trial shall be conducted by the closest superior of the rank of captain or above.

Article (77)

If the competent authority in charge of the summary trial determines that the act requires a harsher penalty than those under its jurisdiction, it shall refer the accused to the higher authority in charge of summary trial. If the penalty does not fall under the jurisdiction of the higher authority, the accused shall be referred to the disciplinary board.

Article (78)

The secretary may order the detention of any member of the police agency who commits any of the acts referred to in Article (64) of this law until his referral to disciplinary trial, provided that the detention period does not exceed forty-eight hours.

Article (79)

The superior shall have the power to revoke a disciplinary decision issued by his subordinates or to aggravate or commute the penalty in accordance with his powers within thirty days from the issuance of such decision.

Article (80)

The disciplinary board shall prosecute the members of the police agency who are referred thereto in accordance with the provision of Article (77) of this law. Trial shall be conducted before an ordinary disciplinary board if the member brought to trial is of the rank of major or below. If his rank is above major, the trial shall be conducted before a high disciplinary board.

 

Article (81)

The ordinary disciplinary board shall be composed of three officers. If the person brought to trial is an officer, the board shall be chaired by an officer of a higher rank than the accused, with two members of higher seniority in the rank. Such board shall be established by a decision of the secretary.

Article (82)

The high disciplinary board shall be formed by the secretary’s decision of four officers and a legal member, whereas the chairman shall be of a higher rank than the officer brought to disciplinary trial and the members shall be of a higher seniority. In the absence of an officer of a higher rank than the officer brought to disciplinary trial, the board shall be chaired by the person delegated by the secretary.

Article (83)

  1. Without prejudice to the provision of Article (66), disciplinary boards shall have the right to impose any disciplinary penalty. The penalty shall take effect from the date the convicted person is notified of the decision, with the exception of the discharge and demotion penalties, which shall only take effect from the date of their approval by the secretary.
  2. The convicted member may file a complaint with the secretary within fifteen days from his notification of the decision. The secretary may reject such complaint, order a retrial or reduce the penalty.

Article (84)

The disciplinary board shall convene in plenary session, and its sessions shall be closed. Its decisions shall be substantiated and issued by the majority. The disciplinary board’s decision shall be notified to the member of the police agency within one week from its date of issuance, as well as to the secretary.

Article (85)

The member of the police agency referred to disciplinary trial shall be notified of the referral decision including the charges he is accused of and the date and time of his trial hearing. He shall attend trial hearings in person and may present his defence verbally or in writing or delegate an officer of the police to defend him.

Article (86)

The member of the police agency shall be considered suspended upon the issuance of the disciplinary board’s decision to discharge him from service, until the procedures for confirming the decision are completed.

If a member of the police agency is retried and acquitted, he shall be paid his salary for the suspension period.

 

 

Article (87)

Subject to the provisions of Article (65) of this law, the penalty may only be imposed on a member of the police agency after questioning him, taking his statement, and ensuring his defence, provided that such investigation is documented in writing. For summary trials, interrogation and investigation may be oral but their content shall be documented in the disciplinary decision. The member of the police agency may not be tried for the same act more than once, and the same act may not incur more than one penalty.The decision to impose a penalty shall be substantiated.

Article (88)

Notwithstanding the provision of the previous article, the member of the police agency may be tried in absentia after he has been notified two times in a row. His presence shall be considered nominal.

Article (89)

The disciplinary trial of a member of the police agency shall not preclude criminal procedures if the acts attributed to such member are considered a criminal offence. His criminal trial shall not preclude a disciplinary trial.

Article (90)

Subject to the provisions of Article (34) of this law, disciplinary penalties inflicted upon the members of the police agency may be cancelled in accordance with the rules and conditions stipulated by a decision issued by the General People’s Committee for Justice.

Article (91)

Subject to the provisions of Articles (25) and (34) of this law,the member of the police agency may not be promoted during referral to criminal or disciplinary trial or during suspension. If the trial concludes with non-conviction or with a penalty other than demotion, discharge, or deprivation of promotion,his seniority in the rank or grade to which he is promoted shall be calculated upon his promotion from the date such promotion would have taken place if he had not been suspended or referred to trial, and all due financial differentials shall be paid.

Article (92)

Without prejudice to the provisions of the law of the financial system of the State and its related regulations, members of the police agency may not face disciplinary trial after the end of service. However, termination of service may be postponed until after the disciplinary trial by the secretary’s decision.

Article (93)

Subject to the provisions of this law, the rules and procedures of investigation, indictment, summary trial, and trial before the disciplinary board shall be regulated by a decision of the General People’s Committee for Justice.

Article (94)

The service of a member of the police agency shall end for one of the following reasons:

  1. Retirement
  2. Lack of physical fitness
  3. Resignation
  4. Discharge from service
  5. Marriage to a foreigner without authorisation
  6. Loss of citizenship
  7. Conviction for a felony or misdemeanour of moral turpitude

Article (95)

  1. Members of the police agency shall retire at the following age:
    1. 60 years for officers.
    2. 58 years for NCOs.

The age shall be based on the birth certificate provided upon appointment.

  1. In the event of necessity or for the sake of the public interest, the service period for officers may be extended for two years at most by a decision of the General People’s Committee. For other ranks, service may be extended for two years by a decision of the secretary of the General People’s Committee for Justice.

Article (96)

Members of the police agency may be retired at their request if their police service exceeds thirty years.

Article (97)

Members of the police agency shall be entitled to a pension if their service is terminated upon attaining the prescribed retirement age or due to lack of physical fitness. Such pension shall be calculated on the basis of 50% of the member’s salary if his pensionable service is twenty years, increasing by 2% of the salary for each year exceeding the twenty-year period, provided that the due pension does not exceed 80% of the salary.

Article (98)

Lack of physical fitness shall be established by a decision by the competent medical committee. The service of a police member may not be terminated for lack of fitness before his sick and annual leaves are used up, unless the member requests such termination before that.

Referral to the medical committee for this purpose shall be effected by a decision of the secretary. Police medical committee(s) shall be established and their jurisdiction specified by a decision issued by the General People’s Committee for Justice after consulting the General People’s Committee for Health. The procedures and workflow of such committees shall be regulated by the decision of the General People’s Committee for Justice.

Article (99)

Without prejudice to the rules of delegation and training, members of the police agency may resign from service and such resignation shall be in writing and free of any limitation or condition, otherwise it shall be disregarded.

The service of a police member shall only be terminated by a decision accepting the resignation. The resignation request shall be settled within sixty days from its date of submission, otherwise the resignation shall be considered approved by law.

It may be decided during this period to postpone the acceptance of resignation for reasons related to the interest of work or in order to take disciplinary actions. The member of the police agency shall continue his work until he is notified of the resignation acceptance decision or until expiration of the period specified in the previous paragraph.

The resignation acceptance decision shall be issued by the General People’s Committee for officers and by the secretary for other ranks. The resignation of police members may only be accepted if their term of service from the date of appointment is at least ten years for officers and five years for other ranks. Nonetheless, resignation may be accepted when necessary before the expiration of the aforementioned period if the resigning member has reimbursed all his education and training expenses.

Article (100)

Termination of service of a police member due to reasons stipulated by Article (94), Clauses (2), (5), (6), and (7) of this law shall be effected by a decision by the secretary.

Article (101)

Notwithstanding the provision of Article (94) hereof, the service of members of the police agency who lose their lives during the performance of their duties or as a result thereof shall remain effective until attaining the prescribed age of discharge. Such members shall receive the same treatment as their livingpeers in terms of salary, promotion, and all bonuses and financial and material benefits.

Salaries and all financial dues shall be paid to the family that was dependent on the member of the police agency while he was alive. The rules, conditions and procedures relating to implementation of this article shall be issued by a decision from the General People’s Committee for Justice.

Article (102)

If a member of the police agency or any member of his family sustains injury during the performance of his duties during or after the term of service, resulting in a partial or total disability,he shall be granted an indemnification based on the percentage of disability to his salary as specified by the competent medical committee. Such indemnification shall be provided for three years and shall not exceed ten thousand LYD. If the injury results in death, a compensation of ten thousand LYD shall be paid. If the properties of such member incur partial or total damage, he shall receive an indemnification for such damage to be paid in one instalment.

Article (103)

Without prejudice to Law No. (5) of 1988 on establishing the People’s Court and its amendment by virtue of Law No. (6) of 1990, no investigation or criminal action procedure may be undertaken against the member of the police agency for any mistake he commits during the performance of his duties or due to the exercise of his functions unless by the secretary’s written authorisation.

The elapse of thirty days from the date of notifying the secretary of the incident without a response from the secretary shall be considered an authorisation to initiate legal proceedings.

Article (104)

Members of the police agency shall only be civilly liable for personal mistakes.

Article (105)

The rights and status of new recruits throughout their enrolment in police training academies shall be regulated by a decision issued by the General People’s Committee for Justice.

Article (106)

In the absence of an officer, he shall be replaced by his senior unless another officer is delegated as a substitute.

Article (107)

A fund shall be established under the name “Police Social Welfare Fund”. The General People’s Committee for Justice shall partly contribute to the annual resources of the Fund from the deduction penalties imposed on the members of the police agency in addition to any unconditional donations or aid provided to the Fund.

Disbursement from the Fund shall be effected for social and humanitarian purposes serving the members of the police agency. The management and methods of disbursement of the Fund shall be regulated by a decision issued by the General People’s Committee for Justice.

Article (108)

Clubs and shops shall be established for the members of the police agency. The resources thereof shall consist of the following:

  1. Annual subscription fees of police members.
  2. Proceeds of the loans thereof.
  3. Allocations in the Public Treasury budget.

Such clubs and shops shall be allowed to invest their revenues in investment projects. The annual subscription fee shall be determined and all the affairs and investment projects thereof shall be regulated by a decision of the General People’s Committee for Justice.

Article (109)

The provisions of Article (102) of this law shall not apply to members of the police agency whose service is terminated for any of the reasons stipulated by Article (94), Clauses (3, 4, 5, 6, 7) of this law.

Article (110)

Members of the police agency may be transferred to similar bodies or institutions with the same professional status and the rank equal to their police rank. Transfer shall be effected by a decision of the secretary of the General People’s Committee for Justice. Members of the police agency may also be transferred to the departments of the Armed People or to civil service, in which case the salary of the transferred member shall be retainedpersonally for such member. Officers shall be transferred by a decision of the General People’s Committee based on the proposal of the General People’s Committee for Justice, whereas other ranks shall be transferred by a decision of the General People’s Committee for Justice.

Article (111)

Members of the police agency who are in active service upon the entry into force of this law shall be transferred to the financial grades equivalent to their ranks in accordance with one of the attached Tables.

Each member shall earn a salary equaling the starting salary of the grade corresponding to his rank, in addition to the number of annual bonuses prescribed for new categories which equals the number of annual bonuses earned before the entry into force of this law, without exceeding the final salary of the grade equivalent to his rank.

Article (112)

For the implementation of the provisions hereof, the following terms shall have the corresponding meanings ascribed unless the context indicates otherwise:

  1. Secretary: The secretary of the General People’s Committee for Justice.
  2. Secretariat: The secretariat of the General People’s Committee for Justice.
  3. Salary: In the implementation of the provisions hereof, salary shall refer to the salary definition stipulated by Law No. (15) of 1981 on the salary system of national workers in the Socialist People's Libyan Arab Jamahiriya.

 

Great Socialist People's Libyan Arab Jamahiriya

General People’s Committee for Justice

Table (1)

Rank

Equivalent Grade/year

Starting salary of grade/year

Ending salary of grade/year

Annual bonus

Number of bonuses

Basic salary

LYD

1st bonus

LYD

2nd bonus

LYD

3rd bonus

LYD

4th bonus

LYD

5th bonus

LYD

6th bonus

LYD

7th bonus

LYD

8th bonus

LYD

9th  bonus

LYD

10th bonus

LYD

Minimum years required for promotion

Brigadier General

13

4680

5380

120

10

390

400

410

420

430

440

450

460

470

480

490

N/A

Colonel

12

4080

5040

96

10

340

348

356

364

372

380

388

396

404

412

420

N/A

Lieutenant Colonel

11

3720

4630

96

10

310

318

326

334

342

350

358

366

374

382

390

5 years

Major

10

3240

4200

96

10

270

278

286

294

302

310

318

326

334

342

350

4 years

Captain

9

2760

3720

96

10

230

238

246

254

262

270

272

286

294

302

310

4 years

First Lieutenant

8

2340

3050

72

10

195

201

207

213

219

225

231

237

243

249

255

4 years

Second Lieutenant

7

2040

2760

72

10

170

176

182

188

194

200

206

212

218

224

230

4 years

 

 

 

Great Socialist People's Libyan Arab Jamahiriya

General People’s Committee for Justice

Table (2)

Rank

Equivalent Grade

Starting salary of grade/year

Ending salary of grade/year

Annual bonus

Number of bonuses

Basic salary

LYD

1st bonus

LYD

2nd bonus

LYD

3rd bonus

LYD

4th bonus

LYD

5th bonus

LYD

6th bonus

LYD

7th bonus

LYD

8th bonus

LYD

9th  bonus

LYD

10th bonus

LYD

Minimum years required for promotion

Chief Warrant Officer

10

3240

4200

96

10

270

278

286

294

302

310

318

326

334

342

350

4 years

Warrant Officer Class 1

9

2760

3720

96

10

230

238

246

256

262

270

278

286

294

302

310

4 years

Warrant Officer Class 2

8

2340

3060

72

10

195

201

207

213

219

225

231

237

243

249

255

4 years

Master Sergeant

7

2040

2760

72

10

170

176

182

188

194

200

206

212

218

224

230

4 years

Staff Sergeant

6

1740

2360

60

10

145

150

155

160

165

170

175

180

185

190

195

4 years

Sergeant

5

1560

2160

60

10

120

135

140

145

150

155

160

165

170

175

180

3 years

Corporal

4

1440

1920

48

10

120

124

128

132

136

140

144

148

152

156

160

3 years

Policeman

3

1260

1740

48

10

105

109

113

117

121

125

129

133

137

141

145

2 years