Purge the judiciary law
Purge the judiciary law
Introduction: In the preparation of files and issues for the trial of agents of the former regime or who belong to it intellectually, politically or tribal, and others who worked in the specialized courts Under the laws and regulations of the state at that time, the Supreme Judicial Council issued a draft law to choose the elements of the trial from the prosecution and the judiciary and all workers in the judiciary to ensure that the target of the trials get the maximum penalties and this is a proof of lack of sufficient criminal evidence against them, so they chose loyal elements to apply their goals, and if there is a desire to find impartial justice to fully offset all the different parties politically, but the evidence indicates it’s a process of exclusion in the courtyard of the judiciary for who belong to the former regime and did not join the 17 february revolution and by this the courts will be missing integrity in its provisions, as happened yesterday, where a court sentenced five officers after the re-trial to death, where they got the rule of innocence in a previous trial for the same case, and apply now the political agendas of the ruling parties, which currently lead her loyalists in the judicial arena all facilities …
End of introduction.
Text of the draft law of reshaping the Libyan judiciary approved by the Supreme Judicial Council and forwarded it to the General National Congress for approval on 10/16/2012.
a draft law to restructure the judiciary
General National Congress.
After reviewing the constitutional declaration and its amendments.
And the justice system, law No. 6/2006, as amended.
Law No.(82) for the year 1971, on the management of government issues.
Law No. (4) for the year 1981, on the management of the People's attorneys.
Law No. (6) for the year 1992, the establishment of the law management.
Law No. (6) for the year 1982, the reorganization of the Supreme Court.
Issued the following law:
Reconstitution of the judiciary in accordance with the provisions of this law.
The possibility to reassign whoever are proven their suitability for judicial work of the members of the judicial bodies of employees at the begining of this law with the same degree and with previous seniority
The recruitment shall be by decision of the General National Congress upon submission of the General Assembly of the Supreme Court for its advisers and members of the veto, and displays of the Supreme Judicial Council for the rest of the members of the judicial bodies in coordination with the Department of Inspection on judicial bodies.
who were not covered by the decision of reassignment will be assigned for retirement without the need for another process and to settle his pension according to the law of the Supreme Court mentioned to the adviser to the court and in accordance with the Law of the justice system,and to adde a maximum of five years to the length of service calculated in determining the pension or the remaining period on reaching the age of retirement, whichever is lower if not reporting for service of the assignee to retire twenty years.
exception to the provisions the preceding Article it’s allowed to those who retired to request re-assign in a civilian function with an equivalent degree as thedegree of judicial function, which was occupied before retirment, and the assignment shall be with a decision of the Minister of Justice if the function is at the Ministry of Justice and with a decision of the Council of Ministers if it is in any other function, outside the Ministry.
Considered unfit for judicial work:
-who has the rate of performance less than the quarter of the minimum performance rate decided in accordance with the list of inspection of the judicial bodies and could be reached according to the case.
-Who got two final reports with an average degree or final report with a degree less than average.
- who was absent from his work for two months without an acceptable excuse
- if was submitted against him more than a complaint and the Judicial Inspection Department proved its validity or even one complaint was convicted because of it criminally or disciplinary according to the third paragraph of Article 94 of Law No. (6) for the year 2006 on the justice system.
- who participated with members of the former regime in the suppression of Libyans including who issued unfair judgments and against the law, favoring the centers of power in the system or assisted mentioned system against his opponents in any way, or was a member of the People's Court or the Popular Prosecution Office with the exception for those who were proved in the judicial center that have honorable attitudes biased to the people and its provisions confirmed that truth..
-who jailed a man or restricted his liberty unfairly or insulting or black mailed him or intimidate him by any way.
-who is Known among people or among his colleagues with corruption or bad manners or by taking advantage of influence or function, or something was proven but not well known among the people.
- who was a member of the police or any other security agencies or cooperate with them by any means, either before his assignment or after.
- who Took a trustee or member of the popular committee or secretariat of the Conference of basic popular in the past.
- who Was a member of the revolutionary committees or in connection with its activity or in cooperation with the Office of the contact of mentioned committees
-who worked for the leaders of the former regime or cooperate with it in any way.
-whose actions were not convenient with what must be the judge of respect and appreciation and are incompatible with the decision of the judicial code of conduct adopted by the Supreme Council of the Magistracy.
- who Suffer from chronic diseases are preventing him from doing work.
-who were in the presidency or membership of committees of cleansing in the former regime and show through it his abuse of his people and his job.
-who held weopons against the Libyans or participated in killing them or instigated and contributed in it by any means
-who got enriched at the expense of job or used inhalers legislation to unjust Contracting to seize property and money of others .
A confidential committee formed by decision of the Supreme Judicial Council shall review the files of members of judicial bodies and it is composed of the head of the inspection of the judicial bodies and a number of advisors of the Supreme Court and appellate courts and members of the judiciary who have contributed with an effective contribution in the revolution of the 17th of February for the year 2011 and requires that the members of the Committee to be known for their integrity, justice, prudence and good manners.
The Committee referred to in the previous article has to Return to what is published in the international information network and verify it with what is attributed to members of the judiciary, It also can use those who they want the usto have in the performance of its functions.The Committee has to study of the Submission of complaints and reports and information and verify them to be taken into consideration when issuing its recommendation in particular.
The Committee shall transmit the results of its work to the Supreme Judicial Council within two months from the date of issuance of the decision of formation, the Council must refer those results to the General National Congress, within fifteen days to issue the restructuring decision.
The Committee, or the Judicial Council shall not publish the reasons on which they relied on taking actions in accordance with this law, as they are not allowed to share with any third party except for the General National Congress when requested.
This law is being applied from the date of its issuance and it’s published in the Official magazine.
General National Congress
Issued on: / / 1433 Ahjria / / 2012 AD
Source / lighthouse Home Media / Facebook / 10/16/2012