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1- Basic Principles governing the Libyan Judicature
The Libyan judicial system provides for a set of guarantees to
ensure rights and freedoms:
1- Independence and impartiality of the Judiciary;
2- Ensuring right of litigation;
3- Gratuity of justice;
4- Separation of judicial bodies;
5- Multiplicity of litigation degrees;
6- Magistrate judge and multiple judges;
7- Publicity of sessions;
These basic principles are correlated with human rights and we
will address them more clearly as follows:
1- Independence and Impartiality of the Judiciary:
The Great Green Human Rights Charter in the Era of the Masses
cites in its ninth principle that "The Mass Society ensures
independence of the Judiciary", similar to the stipulation in
Article 31 of the Freedom Promotion Law no 20/1991 to the
effect that judges are independent and not subject to any
authority. While in office, they are not susceptible to any
influence. Claims of otherwise or attempt to do so is a punishable
crime pursuant to articles (274-276) of the Penal Code.
Courts are not permitted to establish legal rules to become vested
in the power to enact. In order to assert the judges' independence
from the executive body that appoint them, the above mentioned
Judicature Law has decided on a number of guarantees ensuring
that judges are not liable to relief of office. It has also developed
some provisions on their appointment, secondment, transfer, and
discipline as well as the other remaining functional affairs since
the Supreme Council of Judicial Bodies, composed of senior
members of these bodies, is exclusively designated to perform the
aforementioned functions.