Rights of Prisoners

1953 Code of Criminal Procedure

Article (31)

Individuals may only be detained in prisons designed for such purpose. Prison officials may only accept detainees pursuant to an order signed by the competent authority and may not keep them for longer than the period stated in such order.

Public Prosecution

Prison Administration

Executive General Authorities

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order.

The right to freedom

The right to be free from enforced disappearance

Unlawful detention

exceeding preventative detention periods

Extending preventative detention periods legally

Decree No. (555) of 2018 issued by the Presidential Council

Article (433) Unlawful Arrest of Persons

Any public employee who arrests a person in transgression of the limits of their authority shall be punishable with imprisonment. Libyan Penal Code

1953 Code of Criminal Procedure

Article (32)

Members of the Public Prosecution, supervising judges, as well as presidents and district prosecutors of first instance and appellate courts, may visit the public prisons under their jurisdiction and verify that none of the inmates are imprisoned illegally. They may also check prison records and arrest and detention warrants, make copies thereof, contact any inmate, and listen to any complaint they would like to state to them. The prison manager and employees shall offer them their utmost assistance to obtain the information they request.

Administration, prisoners

Mandela Rules

Rule (84)

1. Inspectors shall have the authority:

a. To access all information on the numbers of prisoners and places and locations of detention, as well as all information relevant to the treatment of prisoners, including their records and conditions of detention;

b. To freely choose which prisons to visit, including by making unannounced visits at their own initiative, and which prisoners to interview;

c. To conduct private and fully confidential interviews with prisoners and prison staff in the course of their visits;

d. To make recommendations to the prison administration and other competent authorities.

2. External inspection teams shall be composed of qualified and experienced inspectors appointed by a competent authority and shall encompass health-care professionals. Due regard shall be given to balanced gender representation.

The right to be free from enforced disappearance

 The right to information

Chapter (13) is allocated to setting the conditions for judicial supervision and inspection

Article (73) of Law No. (5)

The Administrative Inspection Authority establishments shall have a number of inspectors working therein, presided over by a chief prosecutor to confirm adherence to the systems in place, implement all laws and regulations, examine any complaints submitted, study the matters requested of them, and submit reports on the results of their work to the Prosecutor-General.

The Secretary of the General People's Committee for Justice and the Prosecutor-General shall have the right to inspect the establishments.

Article (74)

Without prejudice to Articles (33) and (32) of the Criminal Procedure Code, the Prosecutor-General and members of the Public Prosecution shall have the right to enter at any time all prison locations, in order to confirm:

a. Proper implementation of court rulings and decisions and orders issued by investigating judges and the Public Prosecution.

b. That no person is being detained without a written order issued by a judicial body.

c. Categorisation of inmates and the treatment thereof as provided.

d. Examination of judicial documents and records to confirm they are in keeping with the designated forms, properly used, and orderly.

They have the right to meet inmates, accept their complaints, and in general confirm observation of the laws and regulations and undertake any measures they deem necessary with regard to any violations.

1953 Code of Criminal Procedure

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (33)

Each prisoner shall have the right to submit a written or verbal complaint to the prison official at any time and ask the official to report it to the Public Prosecution or the competent judge. The official shall accept it and report it immediately after documenting the complaint in a record designated for such at the prison.

Prisoners

Mandela Rules

Rule (55)

1. The information referred to in Rule (54) shall be available in the most commonly used languages in accordance with the needs of the prison population. If a prisoner does not understand any of those languages, interpretation assistance should be provided.

2. If a prisoner is illiterate, the information shall be conveyed to him or her orally. Prisoners with sensory disabilities should be provided with information in a manner appropriate to their needs.

3. The prison administration shall prominently display summaries of the information in common areas of the prison.

The right to file a complaint

Each prison has a register of prisoner complaints and grievances, Article (72) of Law No. (5)

The prisoner director must accept any complaint from a prisoner, orally or in writing, undertake the necessary measure with regard thereto, and write such in the register of prisoner complaints and grievances, Article (68) of Law No. (5)

The social welfare unit shall research the complaints submitted by prisoners and their families and provide an opinion on the complaint as well as how to remedy the causes thereof if they are found serious, Implementing Regulations, Article (123) of (11) and (124) of the Regulations

Law No. (20) of 1962 on transferring some convicted women to special correctional centres  

Article (1)

[...] may rule, instead of sentences of imprisonment or custody, to place them in special correctional centres until an order is issued for their release. The duration of stay in correctional centres may not be less than six months and not more than three years.

Public Prosecution

There currently are no special correctional centres and therefore this cannot be applied

No person may be placed in prison except by a written order signed and stamped by the Public Prosecution, Article (9) of Law No. (5)

Law No. (20) of 1962 on transferring some convicted women to special correctional centres  

Article (2)

Orders to release convicted females from correctional centres shall be issued by a committee formed of the President of the Court of Appeal, the Head of the Public Prosecution of the province, and the director of the correctional centre, if the committee finds that the behaviour of the convicted female inspires trust that she will return to the right path. The committee shall issue its decisions by consensus.

Public Prosecution

Correctional centre administration

Social welfare administration in correctional centres

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

Reward for good conduct

There currently are no special correctional centres and therefore this cannot be applied

Law No. (20) of 1962 on transferring some convicted women to special correctional centres  

Article (4)

The organisation of the aforementioned correctional centres shall be governed by a decree issued by the Minister of Justice [...] and it shall include adopting the measures needed to correct the morals and ethics of women, provide them with a good religious education, and train them for beneficial works and crafts that prepare them for a decent life after their release.

Public Prosecution, prisoners

Mandela Rules

Rule (107)

From the beginning of a prisoner’s sentence, consideration shall be given to his or her future after release and he or she shall be encouraged and provided assistance to maintain or establish such relations with persons or agencies outside the prison as may promote the prisoner’s rehabilitation and the best interests of his or her family.

Rule (108)

1. Services and agencies, governmental or otherwise, which assist released prisoners in re-establishing themselves in society shall ensure, so far as is possible and necessary, that released prisoners are provided with appropriate documents and identification papers, have suitable homes and work to go to, are suitably and adequately clothed having regard to the climate and season and have sufficient means to reach their destination and maintain themselves in the period immediately following their release.

The right to rehabilitation inside correctional institutions and preparing female prisoners for a dignified life

Following 2011, there are no correctional centres

Prior to 2011, the Prosecution decided, with regard to women who completed their custodial sentence and whose families refused to accept them due to the stigma surrounding correctional centres, to place some in illegal prisons until further notice

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (9)

Individuals may only be placed in a reform or rehabilitation institution pursuant to a written order signed and stamped by the Public Prosecution, and they may not remain there after the period stated on such order.

Public Prosecution

Prison Administration

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order.

The right to a fair trial

The right to freedom

The existence of illegal prisons violates this provision

The implementing regulations state such in detail in Chapter (2), Acceptance of Inmates

Article [(4)] "Inmates shall be admitted to the institution during official working hours, and may not be admitted outside those hours or on Fridays and official holidays. As an exemption to the provisions of the preceding paragraph, inmates may be admitted upon order of the Public Prosecution on Fridays and official holidays, provided that the institution is notified of the inmate’s arrival sufficiently in advance."

Article (5) "In the event that an inmate is not admitted to the institution during the period and hours set in the previous Article, they shall be admitted to the police station located in the jurisdiction of the Court that issued the judgement or the Prosecution that ordered the provisional detention, provided they are transferred to the institution as soon as admission to it is possible and provided they do not remain in the police station over forty-eight hours (48) in all cases."

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (6)

The Judicial Police shall manage and supervise the institutions administratively and technically, implement related legislation, and apply international standards on such institutions with the aim of reforming and rehabilitating inmates using scientific methods and implementing judicial orders and judgements. In doing such, the Judicial Police shall have the following competencies:

4. Provide inmates with health and social care.

5. Rehabilitate inmates through the latest methods used to integrate them into society.

6. Safeguard the human dignity of inmates and maintain respect for human rights principles.

Public employees from the Judicial Police

Public Prosecution

Supervising judge

Mandela Rules

Rule (24)

1. The provision of health care for prisoners is a State responsibility. Prisoners should enjoy the same standards of health care that are available in the community, and should have access to necessary health-care services free of charge without discrimination on the grounds of their legal status.

The right to health care, the right to rehabilitation inside correctional institutions

Lack of an explicit provision on the content of Rule (74) and (75) on the conditions for selecting employees at the Prison Administration and Judicial Police to be capable of performing their role. These requirements are found in the police and security law, yet they must still be provided clearly and specifically. "The Judicial Police Administration shall select prison employees and the personnel therein at the various grades carefully, as proper administration of prisons relies on their integrity, humanitarianism, professional competence, and personal qualification for the job.["]

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (14)

Institutions are places of correction and education designed to correct the behaviour of inmates sentenced to criminal custodial penalties, and rehabilitate and train them to be good members of society. The institution shall be managed by a director nominated by the branch director and appointed by a decision by the head of the Judicial Police. New institutions may only be established under a decision of the Minister of Justice, at the recommendation of the head of the Judicial Police.

Public Prosecution and the Judicial Police

Prison Administration

Public employees from the Judicial Police

The right to integration into society, the right to rehabilitation, correction, and treatment

Lack of qualification of prison personnel

Lack of programs contributing to the implementation of rehabilitation and correction programs

Short prison sentences do not permit rehabilitation

Goals of the Various Types of Correctional and Rehabilitation Institutions

Article (1) of Law No. (5)
Correction and rehabilitation institutions are places of reform and education aimed at correcting the behaviour of persons sentenced to criminal custodial penalties and rehabilitating them to be good members of society.

Law No. (5) of 2005 on correction and rehabilitation institutions  

Article (97)

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

Article (13)

1953 Code of Criminal Procedure

Article (71)

Article (97)

Members of the police working in institutions and those assigned to guard inmates inside and outside of an institution may use their firearms in the following cases:

a. To end any attack or resistance accompanied by the use of force, if they are unable to stop it by other means.

b. To prevent the escape of any inmates, if unable to prevent them by other means.

In all cases, opening fire shall commence with one shot in the air as a warning. If an inmate continues their attempt to attack, resist, or escape after this warning, it is permissible to fire at their legs.

Article (13)

Members of the police shall be entitled to use force without the use of weapons to the extent necessary to perform their duties, provided such is the only way to do so. The use of weapons shall be limited to the following cases:
 
• Arrest of a person sentenced for a felony or to imprisonment for a period exceeding three months, if they resist or attempt to escape. 

• Arrest of anyone accused of felony or caught in flagrante delicto for a misdemeanour where an arrest may be made, if they resist or attempt to escape.

• Arrest of anyone accused for whom an arrest warrant has been issued, if they resist or attempt to escape. 

• Arrest of any prisoner who attempts to escape and while guarding prisoners if they resist, under the rules and conditions set out in the law on prisons. 

• Dispersal of a gathering of five or more persons if such gathering is a danger to public security.
In all of the preceding cases, firing the weapon must be the only way to achieve the aforementioned objectives. 

The authorities that may issue an order to fire, the means that can be used in all cases, and the manner of sending the warning of opening fire shall be governed by a decree from the [General People’s Committee for] Justice. 

• Cases of self-defence and resisting armed assault. 

Article (71)

The investigator shall set a deadline for the expert to submit their report and may replace such expert with another if they fail to submit the report by the deadline.

Ministry of Interior

Public Prosecution

Public employees from the Police and Judicial Police

Mandela Rules

Rule (82)

1. Prison staff shall not, in their relations with the prisoners, use force except in self-defence or in cases of attempted escape, or active or passive physical resistance to an order based on law or regulations. Prison staff who have recourse to force must use no more than is strictly necessary and must report the incident immediately to the prison director.

2. Prison staff shall be given special physical training to enable them to restrain aggressive prisoners.

3. Except in special circumstances, prison staff performing duties which bring them into direct contact with prisoners should not be armed. Furthermore, prison staff should in no circumstances be provided with arms unless they have been trained in their use.

The right to life

Professional immunity for members of the police and thus for members of the judicial police subject to Law No. (10) thus preventing them from being held accountable

Article (71) [Penal Code] Lawful Use of Arms

Without prejudice to the provisions of the preceding Articles, a public official shall not be subject to a penalty if they use or order the use of weapons or other means of physical coercion while performing the duties of their position if compelled by the necessity to use such to repel force or overcome resistance to public authorities.

The same provision shall apply to anyone who assists a public official in fulfilment of a lawful request.

The law shall govern the other cases in which the use of arms or other means of coercion is authorised.

Article (235) Penal Code, Abuse of Authority in Cases Not Provided for under Law

"Any public official who abuses the powers of their office for the benefit or to the detriment of another where there is no other applicable criminal provision in the law shall be punishable with imprisonment for a period of not less than six months."

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (9)

Individuals may only be placed in a reform or rehabilitation institution pursuant to a written order signed and stamped by the Public Prosecution, and they may not remain there after the period stated on such order. The order must precisely state the full name of the person to be detained.

Supervising judge,

Public Prosecution

Director of the Judicial Police, Director of Prisons

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:

a. Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;

b. The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;

c. The day and hour of his or her admission and release as well as of any transfer;

d. Any visible injuries and complaints about prior ill-treatment;

e. An inventory of his or her personal property;

f. The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;

g. Emergency contact details and information on the prisoner’s next of kin.

The right to be free from enforced disappearance

The right to freedom

The right to movement

Existence of illegal prisons

Lack of qualification and training of members of the police assigned to prisons causes them to fear releasing a person

Article (433) Penal Code, Unlawful Arrest of Persons

Any public employee who arrests a person in transgression of the limits of their authority shall be punishable with imprisonment.

Article (434) Penal Code, Unjustified Restriction of Personal Freedom

Any public employee entrusted with the administration of a prison or location designed for the enforcement of preventative measures who accepts a person without an order from the competent authorities, refuses to obey its order to release such person, or unlawfully delays enforcement of a penalty or preventative measure shall be punishable with imprisonment or a fine not more than fifty pounds.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (10)

Directors of reform and rehabilitation institutions or those acting in their place must, prior to accepting any person into the institution, receive a placement order and sign the second copy thereof indicating receipt and return it to the person presenting the inmate, who shall sign the original order.

Supervising judge,

Public Prosecution

Director of the Judicial Police, Director of Prisons

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:

a. Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;

b. The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;

c. The day and hour of his or her admission and release as well as of any transfer;

d. Any visible injuries and complaints about prior ill-treatment;

e. An inventory of his or her personal property;

f. The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;

g. Emergency contact details and information on the prisoner’s next of kin.

The right to information

The right to freedom

Existence of illegal prisons

Lack of qualification and training of members of the police assigned to prisons causes them to fear releasing a person

Article (433) Penal Code, Unlawful Arrest of Persons

Any public employee who arrests a person in transgression of the limits of their authority shall be punishable with imprisonment.

Article (434) Penal Code, Unjustified Restriction of Personal Freedom

Any public employee entrusted with the administration of a prison or location designed for the enforcement of preventative measures who accepts a person without an order from the competent authorities, refuses to obey its order to release such person, or unlawfully delays enforcement of a penalty or preventative measure shall be punishable with imprisonment or a fine not more than fifty pounds.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (11)

Inmate placement orders shall be recorded in the general record immediately upon receipt by the institution in the presence of the person who presented the inmate, and this person must sign such record.

Supervising judge

Public Prosecution

Prison director

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:

a. Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;

b. The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;

c. The day and hour of his or her admission and release as well as of any transfer;

d. Any visible injuries and complaints about prior ill-treatment;

e. An inventory of his or her personal property;

f. The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;

g. Emergency contact details and information on the prisoner’s next of kin.

Restriction of detention conditions in accordance with the law

Existence of illegal prisons

Lack of qualification and training of members of the police assigned to prisons causes them to fear releasing a person

Failure to keep all records for various reasons, among them financial support

Lack of qualification of prison personnel

Article (72)

Each institution shall have the [following] records Law No. (5)

"... Any other records whose use the Prosecutor General or director of the Judicial Police deems necessary may be created. The director of each prison shall be responsible for the integrity and orderliness of the aforementioned records.

The supervising judge and the Public Prosecution shall review this record and record any observations they deem necessary every fifteen days at least and on every visit to the institution."

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

Article (6)

Before accepting an inmate, the head of the institution must verify the authenticity of the placement order, the issuer’s signature, and the Public Prosecution's seal in the presence of the party that brought the inmate. The head shall also sign their copy confirming receipt and return it to the party that brought it after signing the original.

Prison director

Public Prosecution

Supervising judge

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:

a. Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;

b. The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;

c. The day and hour of his or her admission and release as well as of any transfer;

d. Any visible injuries and complaints about prior ill-treatment;

e. An inventory of his or her personal property;

f. The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;

g. Emergency contact details and information on the prisoner’s next of kin.

The right to freedom

The right to movement

Existence of illegal prisons

Chapter (13)

Judicial Oversight and Inspection

Article (73) of Law No. (5)

The Administrative Inspection Authority establishments shall have a number of inspectors working therein, presided over by a chief prosecutor to confirm adherence to the systems in place, implement all laws and regulations, examine any complaints submitted, study the matters requested of them, and submit reports on the results of their work to the Prosecutor-General.

The Minister of Justice and the Prosecutor-General shall have the right to inspect institutions.

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

Article (7)

Inmates shall be recorded in the general register as soon as they are accepted at the institution, in the presence of the party that brought them. The personal data of the party that brought the inmate shall also be recorded based on their official documents and they shall sign in the register to show that they brought the inmate in.

Prison director

Public Prosecution

Supervising judge

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:

a. Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;

b. The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;

c. The day and hour of his or her admission and release as well as of any transfer;

d. Any visible injuries and complaints about prior ill-treatment;

e. An inventory of his or her personal property;

f. The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;

g. Emergency contact details and information on the prisoner’s next of kin.

The right to documentation and to be detained in legal conditions

Illegal prisons

Lack of qualification of the persons responsible for the various records

Chapter (13)

Judicial Oversight and Inspection

Article (73) of Law No. (5)

The Administrative Inspection Authority establishments shall have a number of inspectors working therein, presided over by a chief prosecutor to confirm adherence to the systems in place, implement all laws and regulations, examine any complaints submitted, study the matters requested of them, and submit reports on the results of their work to the Prosecutor-General.

The Minister of Justice and the Prosecutor-General shall have the right to inspect institutions.

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (12)

The Office of Information Technology shall establish the necessary mechanism for information and e-communication systems, provide the necessary software for the systems, and prepare the systems for documenting all data related to the operation of the Judicial Police. It shall undertake the following in particular:

7. Establish a system concerning the entry and exit of the inmates in correctional and rehabilitation institutions, prepare its own statistics, document them, and save them to use for reference when needed.

8. Prepare a database on inmates, indicating their name, age, nationality, type of crime for which they were arrested or sentenced, place of execution of the sentence, and other data that help researchers study the causes of the crimes and find perpetrators and methods to combat them.

9. Collect information and data relating to the procedures of the release committees for health reasons and pardons for inmates, and document and save them.

10. Prepare an information card for each inmate in correction and rehabilitation institutions, in full coordination with the directors of these institutions, and prepare a special information system to document escapes, captures, labour, and deaths among inmates.

Ministry of Justice

Ministry of Interior

Public Prosecution

Prison Administration

Judicial Police Administration

Mandela Rules

Rule (7)

No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:

a. Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;

b. The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;

c. The day and hour of his or her admission and release as well as of any transfer;

d. Any visible injuries and complaints about prior ill-treatment;

e. An inventory of his or her personal property;

f. The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;

g. Emergency contact details and information on the prisoner’s next of kin.

Rule (10)

Prisoner file management systems shall also be used to generate reliable data about trends relating to and characteristics of the prison population, including occupancy rates, in order to create a basis for evidence-based decision-making.

The right to documentation and information

No ideal use of technology

No electronic information systems to link prisons with the Public Prosecution and the Judicial Police Administration

Lack of financial support

Lack of qualification of specialists in technology and their employment in this field

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (72)

Each prison shall have the following records:

General record of all inmates,

Record of persons placed in preventative detention,

Record of funds held in trust,

Record of personal belongings,

Record of daily transportation and the like,

Work record,

Wage record,

Record of incidents,

Health care record,

Visit record,

Leave record,

Record of inmate complaints and grievances,

Record of fugitives from the institution,

Record of confiscated items,

Record of punishments,

Record of judicial notices and challenges,

Record of conditional release.

Each prison shall have a special record for official visits wherein the visitor records any observations they deem important.

Any other records whose use the Prosecutor General or director of the Judicial Police deems necessary may be created. The director of each prison shall be responsible for the integrity and orderliness of the aforementioned records.

The supervising judge and the Public Prosecution shall review this record and record any observations they deem necessary every fifteen days at least and on every visit to the institution."

Public Prosecution

Supervising judge

Prison Administration

Judicial Police Administration

Mandela Rules

Rule (6)

There shall be a standardized prisoner file management system in every place where persons are imprisoned. Such a system may be an electronic database of records or a registration book with numbered and signed pages. Procedures shall be in place to ensure a secure audit trail and to prevent unauthorized access to or modification of any information contained in the system.

The right to documentation and information

Failure to keep some of the records

Lack of qualification of the persons responsible for the records

Article (236), Penal Code, Disclosure of the Secrets of Public Office

Any public official who violates the duties of their office, or abuses the same by disclosing official information that is required to remain secret, or who by any means facilitates the disclosure thereof shall be punishable with imprisonment for a period of not less than six months.

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (16)

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

Public Prosecution

Supervising judge

Prison Administration

International Covenant on Civil and Political Rights

Article (26)

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The right to freedom from discrimination

Discrimination against prisoners

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (26)

Female inmates shall be completely separated from the other inmates in an institution designed to house female prisoners.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus:

a. Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate;

The right to categorisation by gender

No separation of adult females from juvenile females

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (20)

Inmates detained provisionally shall reside in locations separate from other inmates in the institution. They may be authorized to live in furnished rooms in exchange of a sum of money, in accordance with the executive regulations.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

b. Untried prisoners shall be kept separate from convicted prisoners;

The right to be presumed innocent,

the right to categorisation, the right to humanitarian treatment

No separation of those in provisional detention

Lack of qualification of prison officers and their belief in the harsher treatment of those in provisional detention than those with convictions

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (19)

Inmates at each main or local prison shall be divided in terms of treatment or lifestyle into two categories, each of which shall be isolated from the other. The first category shall contain: persons in provisional detention, persons convicted on traffic offences or infractions, persons sentenced to simple detention for the first time, elderly convicts over sixty years of age, convicted persons under twenty-one years of age, and convicted persons subject to body execution in implementation of financial sentences. The second category shall include all other convicted persons. The executive regulations shall specify the treatment of both categories and the transfer from one to another.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus:

a. Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate;

b. Untried prisoners shall be kept separate from convicted prisoners;

c. Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence;

d. Young prisoners shall be kept separate from adults.

The right to humanitarian treatment

The right to rehabilitation and reform

Lack of qualification of prison officers in receiving prisoners

Reduction of the role of social welfare to receiving inmates and writing brief surveys, without studying their case, and issuing a decision on their type of treatment

The social welfare division, in which a sufficient number of experts and specialists work, shall contribute to preparing and implementing programs to receive prisoners as concerns examining their personalities and categorising them. Article (47) of Law No. (5) – Article (123) of the Implementing Regulations

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (20)

Inmates detained provisionally must reside in locations separate from other inmates in the institution. They may be authorized to live in furnished rooms in exchange for a sum of money, in accordance with the provisions of executive regulations.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

b. Untried prisoners shall be kept separate from convicted prisoners;

The right to be presumed innocent

The right to human dignity

No locations allocated for those in provisional detention

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (9)

Only women may search female prisoners and female prisoners shall be searched in front of a female supervisor at the women's institution.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (52)

1. Intrusive searches, including strip and body cavity searches, should be undertaken only if absolutely necessary. Prison administrations shall be encouraged to develop and use appropriate alternatives to intrusive searches. Intrusive searches shall be conducted in private and by trained staff of the same sex as the prisoner.

Women's right to categorisation

Article (37) of the Code of Criminal Procedure provides a general rule, "If the accused is female, the search must be performed by a female..."

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (14)

Each institution shall have a separate section for persons in provisional detention, another separate section for convicted persons under the age of twenty-one, and a third section for the remaining inmates.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

b. Untried prisoners shall be kept separate from convicted prisoners;

[...]

d. Young prisoners shall be kept separate from adults.

The right to be presumed innocent, the right of juveniles to special treatment

Most prisons do not have a location for this category, and a few have allocated special rooms for this category and ignore the other categorisation requirements

Lack of locations

Age of prisons

Lack of qualification of prison personnel

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (15)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

d. Young prisoners shall be kept separate from adults.

The right of juveniles to special treatment

Most prisons do not have a location for this category, and a few have allocated special rooms for this category and ignore the other categorisation requirements

Lack of locations

Age of prisons

Lack of qualification of prison personnel

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (28)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (81)

1. In a prison for both men and women, the part of the prison set aside for women shall be under the authority of a responsible woman staff member who shall have the custody of the keys of all that part of the prison.

2. No male staff member shall enter the part of the prison set aside for women unless accompanied by a woman staff member.

3. Women prisoners shall be attended and supervised only by women staff members. This does not, however, preclude male staff members, particularly doctors and teachers, from carrying out their professional duties in prisons or parts of prisons set aside for women

Rule (11)

The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus:

a. Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate;

Women's right to categorisation

Lack of qualification of judicial

welfare, and medical personnel in

women's prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (39)

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

Public Prosecution

Supervising judge

Prison Administration

The right to reward for good behaviour

The right to rehabilitation and reform

Age of prisons do not allow for categorisation

Lack of qualification of judicial

welfare, and medical personnel in

prisons

Lack of courses for new affiliates who have not received specialised training

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (23)

With regard to housing, inmates shall be categorized by their prior convictions, the type of charge, the extent to which they can be reformed, and their social and psychological circumstances. The provisions set out in the implementing regulations shall be followed for such.

Public Prosecution

Supervising judge

Prison Administration

Public Prosecution

The right to categorisation

The right to humanitarian treatment

The right to rehabilitation and reform

Lack of qualification of judicial

welfare, and medical personnel

in prisons

Most prisons do not have a location for this category

Lack of locations

Age of prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (24)

Female inmates shall be fully isolated from other male inmates, and inmates under the age of twenty-one shall be isolated from those over this age.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus:

a. Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate;

[...]

d. Young prisoners shall be kept separate from adults.

Women's right to categorisation

The right of juveniles to special treatment

Lack of juvenile homes since 2012

Most prisons do not have a location for this category, and a few have allocated special rooms for this category and ignore the other categorisation requirements

Lack of qualification of officers in prisons and reform and rehabilitation homes

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (119)

Inmates in a serious condition shall be admitted in the treatment location and shall be visited there, unless their condition requires transfer to an outside hospital. The inmate shall then be transferred and the hospital shall be notified that the inmate may be visited according to the rules established for similar patients.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (27)

1. All prisons shall ensure prompt access to medical attention in urgent cases. Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals. Where a prison service has its own hospital facilities, they shall be adequately staffed and equipped to provide prisoners referred to them with appropriate treatment and care.

The right to health care

Not all prisons have equipped clinics

Lack of cooperation between the related Justice and Health Ministries to find treatments

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (14)

- Institutions shall be divided into three types:

a. Principal institutions:

shall execute the penalties for inmates in the following categories:

1. Persons sentenced to the death penalty.

2. Persons sentenced to life imprisonment.

3. Persons sentenced to a hudud punishment, until the judgment is executed. The Department of Judicial Security and Operations shall secure and guard these institutions in coordination with its affiliate branches and the enforcement institution administration.

b. Local institutions:

shall execute the penalties for inmates in the following categories:

1. Persons sentenced to imprisonment with labour.

2. Persons sentenced to imprisonment if such person is a repeat offender. Each branch shall supervise the institutions within its scope, in coordination with the enforcement institution administrations and the competent departments of the Judicial Police.

c. Private institutions (open and semi-open): shall execute the penalties of inmates in the following categories:

1. Persons sentenced to ordinary imprisonment.

2. Persons sentenced in traffic offences and infractions.

3. Persons sentenced to imprisonment who are over sixty years of age.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus:

a. Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate;

b. Untried prisoners shall be kept separate from convicted prisoners;

c. Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence;

d. Young prisoners shall be kept separate from adults.

The right to categorisation

The right to rehabilitation and reform

Lack of locations for categorisation

Age of prisons

Lack of qualification of prison personnel

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (25)

With the exception of Article (4) hereof, the Public Prosecution may house women placed in preventative detention as well as women sentenced to a custodial penalty [or] placed under probation in the social welfare institutions established for such purpose.

Public Prosecution

Supervising judge

Prison Administration

Ministry of [Social] Affairs

Mandela Rules

Rule (11)

The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment; thus:

a. Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate;

The right to categorisation

The right to humanitarian treatment

Lack of welfare homes after 2012

Lack of locations for categorisation inside women's prisons

Lack of qualification of prison personnel

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (26)

Starting from the sixth month of pregnancy, pregnant inmates must receive the treatment prescribed by a specialist doctor in terms of food, work, and sleep, until delivery and for the forty days following delivery.

Pregnant inmates may be granted such treatment at any stage of pregnancy and nursing if the doctor so decides.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (28)

In women’s prisons, there shall be special accommodation for all necessary prenatal and postnatal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the prison. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

The right to health care

The right of pregnant women to special health care

Lack of welfare homes after 2012

Lack of locations for categorisation inside women's prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (27)

Children shall remain with their inmate mothers until they reach two years of age. If they reach this age or the mother does not desire to keep the child with her during this period, children shall be turned over to their father or to the person with the right to custody.

If a child has no father or person assigned to support them, the prison director must notify the competent body to transfer them to a nursery, notifying the mother of such and facilitating her seeing the child periodically, as stated in the implementing regulations.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Social Solidarity

Ministry of Health

Mandela Rules

Rule (29)

1. A decision to allow a child to stay with his or her parent in prison shall be based on the best interests of the child concerned. Where children are allowed to remain in prison with a parent, provision shall be made for:

a. Internal or external childcare facilities staffed by qualified persons, where the children shall be placed when they are not in the care of their parent;

b. Child-specific health-care services, including health screenings upon admission and ongoing monitoring of their development by specialists.

Children in prison with a parent shall never be treated as prisoners.

A mother's right to raise and see her children

Observance of the child's right to preferred treatment

Lack of locations for categorisation inside women's prisons

Only Al-Jadid Prison has allocated a location for mothers whose children are with them,

also Al-Kuwayfiyah Prison in Benghazi prior to 2011

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (4)

Custodial penalties may not be implemented outside of correctional facilities or rehabilitation institutions. Persons subject to provisional detention shall be held in local institutions and they are prohibited from being placed in other institutions, unless the Public Prosecution, for the benefit of the investigation or in remote areas, decides to detain them in other locations equipped for such purpose, provided they meet the necessary requirements for accommodation.

In all cases, the period of detention in such locations may not exceed fifteen days.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (11)

b. Untried prisoners shall be kept separate from convicted prisoners;

The right to freedom

The right to be free from enforced disappearance

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (5)

Sentences of the following persons shall be served in main institutions:

1. Persons sentenced to the death penalty.

2. Persons sentenced to life imprisonment.

3. Persons sentenced to imprisonment.

4. Persons sentenced to a hudud punishment, until the judgement is executed.

Public Prosecution

Supervising judge

Prison Administration

The right to categorisation

The right to humanitarian treatment

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (6)

Sentences of the following persons shall be served in local institutions:

Persons sentenced to imprisonment with labour.

Persons sentenced to imprisonment if such person is a repeat offender.

Public Prosecution

Supervising judge

Prison Administration

The right to categorisation

The right to humanitarian treatment

Lack of private prisons, other than one in Tripoli, which lacks the necessary requirements for such role

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (7)

Sentences of the following persons shall be served in private institutions:

Persons sentenced to ordinary imprisonment.

Persons sentenced in traffic offences and infractions.

Persons sentenced to imprisonment who are over the age of sixty.

Convicted persons who are subject to body execution.

Such persons may all be placed in local prisons if no private prisons are available or if they exhibit poor conduct or there are reasonable fears that they may escape.

Public Prosecution

Supervising judge

Prison Administration

The right to categorisation

The right to humanitarian treatment

Lack of locations for categorisation

Age of prisons

Lack of qualification of prison personnel

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (5)

In the event that the inmate is not admitted to an institution during the period and hours set in the previous Article, they shall be admitted to the police station located in the jurisdiction of the Court that issued the judgement or the Prosecution that ordered the provisional detention, provided they are transferred to the institution as soon as admission is possible and provided they do not remain in the police station over forty-eight hours (48) in all cases.

Public Prosecution

Supervising judge

Prison Administration

The right to legal detention, presentation before the competent authority

The right to categorisation

The right to humanitarian treatment

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (3)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (89)

3. It is desirable that the number of prisoners in closed prisons should not be so large that the individualization of treatment is hindered. In some countries it is considered that the population of such prisons should not exceed 500. In open prisons the population should be as small as possible.

The right to health care

The right to a detention location that is not crowded

The right to categorisation

The right to humanitarian treatment

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions  

Article (159)

Enabling the inmate to have a suitable appearance, including when allowed to leave the prison for an authorised purpose. Inmates shall be allowed to wear their clothing or other inconspicuous clothing.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (20)

[...] that [their own clothing] shall be clean and fit for use.

The right to cleanliness

The right to a suitable appearance

The right to human dignity

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (19)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (19)

1. Every prisoner who is not allowed to wear his or her own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him or her in good health. Such clothing shall in no manner be degrading or humiliating.

2. All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.

3. In exceptional circumstances, whenever a prisoner is removed outside the prison for an authorized purpose, he or she shall be allowed to wear his or her own clothing or other inconspicuous clothing.

The right to cleanliness

The right to a suitable appearance

The right to human dignity

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (20)

Persons placed in provisional detention shall be authorized to wear their own clothing, whether that which they were wearing when admitted to the institution, that which they bought at their own expense, or that which was given to them while in the institution. If, for health or security reasons, the institution’s doctor or manager decides to bar such, regular institutional clothing shall be given to them in a distinguishing colour.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (115)

An untried prisoner shall be allowed to wear his or her own clothing if it is clean and suitable. If he or she wears prison dress, it shall be different from that supplied to convicted prisoners.

The right to the presumption of a prisoner's innocence

The right to cleanliness

The right to a suitable appearance

The right to human dignity

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (21)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (19)

1. Every prisoner who is not allowed to wear his or her own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him or her in good health. Such clothing shall in no manner be degrading or humiliating.

2. All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.

3. In exceptional circumstances, whenever a prisoner is removed outside the prison for an authorized purpose, he or she shall be allowed to wear his or her own clothing or other inconspicuous clothing.

Rule (20)

If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the prison to ensure that it shall be clean and fit for use.

The right to health care and cleanliness

The right to a suitable appearance

The right to human dignity

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (22)

The food prescribed for inmates shall be in accordance with the tables annexed to these regulations. Food shall be served hot, properly cooked, and well-prepared.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (22)

1. Every prisoner shall be provided by the prison administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.

The right to food

The right to humanitarian treatment

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Failure to provide food due to financial conditions and the withdrawal of companies contracted with or their failure to adhere to quality requirements

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (23)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (114)

Within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.

The right of prisoners to be presumed innocent

The right to human dignity

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (24)

If he deems it necessary, an institution’s doctor may prescribe a special diet for an inmate. In this case, the prescribed food shall be provided or bought from outside, according to health necessities or the labour carried out by the inmate. The institution director or doctor may also, according to the case, increase the clothing or covers provided to inmates or that they are allowed to have brought in.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (35)

1. The physician or competent public health body shall regularly inspect and advise the prison director on:

a. The quantity, quality, preparation and service of food;

The right to health care

The right to food

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (101)

The doctor must supervise the disbursement of food prescribed for inmates, in quantity and quality, especially for sick, pregnant, and nursing inmates and children.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Mandela Rules

Rule (35)

1. The physician or competent public health body shall regularly inspect and advise the prison director on:

a. The quantity, quality, preparation and service of food;

Rule (28)

In women’s prisons, there shall be special accommodation for all necessary prenatal and postnatal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the prison. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

The right to special health care for sick, pregnant, and nursing inmates,

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (68)

A unit for teaching, preaching, and guidance shall be established in each institution, whose task shall be to educate the institution’s inmates and enable them to continue receiving such education. The technical supervision of this unit shall be in coordination with the related bodies.

Public Prosecution

Supervising judge

Prison Administration

Public Prosecution

Supervising judge

Prison Administration

Ministry of Education

Mandela Rules

 Rule (104)

1. Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterate prisoners and of young prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

2. So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.

The right to education

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (79)

In the event that the inmate’s educational level is higher than the one taught at the institution and the inmate wishes to continue their studies, the books and tools required shall be provided thereto and they shall be allowed to participate in exams.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (104)

1. Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterate prisoners and of young prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

2. So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.

The right to education

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (83)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Education

Culture Authority

Ministry of Youth and Sports

Mandela Rules

Rule (105)

Recreational and cultural activities shall be provided in all prisons for the benefit of the mental and physical health of prisoners.

Rule (64)

Every prison shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

The right to education

The right [to] recreation

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (88)

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

It shall allow them to practice the programs set forth in the preceding paragraph until six p.m. in winter and until seven p.m. in summer.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Youth and Sports

Culture Authority

Mandela Rules

Rule (105)

Recreational and cultural activities shall be provided in all prisons for the benefit of the mental and physical health of prisoners.

The right to recreation

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (89)

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

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Youth and Sports

Culture Authority

Mandela Rules

 Rule (92)

1. To these ends, all appropriate means shall be used, including religious care in the countries where this is possible, education, vocational guidance and training, social casework, employment counselling, physical development and strengthening of moral character, in accordance with the individual needs of each prisoner, taking account of his or her social and criminal history, physical and mental capacities and aptitudes, personal temperament, the length of his or her sentence and prospects after release.

The right to recreation

The right to sports activities

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation between the implementing bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (9[2])

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

Public Prosecution

Supervising judge

Prison Administration

Culture Authority

Mandela Rules

Rule (105)

Recreational and cultural activities shall be provided in all prisons for the benefit of the mental and physical health of prisoners.

The right to recreation

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (13)

The Assistant Head of the Judicial Police for Institutional Affairs shall hold the following competencies:

6. Periodically monitor the activities carried out by the institutions to entertain inmates, educate them on health and psychology and lecture and guide them religiously, in accordance with the values of the Islamic religion.

Public Prosecution

Supervising judge

Prison Administration

Culture Authority

Mandela Rules

Rule (92)

1. To these ends, all appropriate means shall be used, including religious care in the countries where this is possible, education, vocational guidance and training, social casework, employment counselling, physical development and strengthening of moral character, in accordance with the individual needs of each prisoner, taking account of his or her social and criminal history, physical and mental capacities and aptitudes, personal temperament, the length of his or her sentence and prospects after release.

2. For every prisoner with a sentence of suitable length, the prison director shall receive, as soon as possible after his or her admission, full reports on all the matters referred to in paragraph 1 of this rule. Such reports shall always include a report by the physician or other qualified health-care professionals on the physical and mental condition of the prisoner.

The right to practice a faith

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the concerned bodies

The article does not take into consideration other faiths.

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (14)

The Inmate Rehabilitation and Care Department shall supervise correctional and rehabilitation institutions, develop plans and programs for the rehabilitation, education, awareness, and guidance of inmates in institutions, provide them with health and psychological care, and organize their meetings with visitors. It shall, in particular, have the following competencies:
6. Develop and supervise the implementation of inmate education, religious awareness, recreation and rehabilitation programs and plans .

Public Prosecution

Supervising judge

Prison Administration

Ministry of Education

Culture Authority

Endowments Authority

Mandela Rules

 Rule (104)

1. Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterate prisoners and of young prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

2. So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.

Rule (105)

Recreational and cultural activities shall be provided in all prisons for the benefit of the mental and physical health of prisoners.

The right to recreation, the right to education, the right to practice a faith

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (94)

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

The doctor shall document their observations and instructions in the health care record, which shall be submitted to the director of the institution every day.

Inmates shall have the right to file grievances against the health decisions made in their case to the head of the competent branch of the Judicial Police.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Ministry of Justice

Mandela Rules

Rule (25)

The health-care service shall consist of an interdisciplinary team with sufficient qualified personnel acting in full clinical independence and shall encompass sufficient expertise in psychology and psychiatry. The services of a qualified dentist shall be available to every prisoner.

Rule (26)

The health-care service shall prepare and maintain accurate, up-to-date and confidential individual medical files on all prisoners, and all prisoners should be granted access to their files upon request. A prisoner may appoint a third party to access his or her medical file.

The right to health care

The right to file a complaint

Illegal prisons

Lack of monitoring of the complaint box

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

There are some complaint boxes, the Al-Jadid women's prison in Tripoli,

the Al-Jadid men's prison

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (96)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Education

Culture Authority

Endowments Authority

Mandela Rules

Rule (27)

1. All prisons shall ensure prompt access to medical attention in urgent cases. Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals. Where a prison service has its own hospital facilities, they shall be adequately staffed and equipped to provide prisoners referred to them with appropriate treatment and care.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (97)

A pharmacist shall be appointed in each institution entrusted with keeping and arranging medication. The pharmacist may only disburse medication by a prescription from the doctor and shall record the circulation of medicines entrusted thereto in a special register kept thereby.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Education

Culture Authority

Endowments Authority

Mandela Rules

Rule (25)

1. Every prison shall have in place a health-care service tasked with evaluating, promoting, protecting and improving the physical and mental health of prisoners, paying particular attention to prisoners with special health-care needs or with health issues that hamper their rehabilitation.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (98)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Mandela Rules

Rule (27)

1. All prisons shall ensure prompt access to medical attention in urgent cases. Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals. Where a prison service has its own hospital facilities, they shall be adequately staffed and equipped to provide prisoners referred to them with appropriate treatment and care.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (103)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Mandela Rules

Rule (31)

The physician or, where applicable, other qualified health-care professionals shall have daily access to all sick prisoners, all prisoners who complain of physical or mental health issues or injury and any prisoner to whom their attention is specially directed. All medical examinations shall be undertaken in full confidentiality.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (111)

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

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

Prisoners

Mandela Rules

Rule (33)

The physician shall report to the prison director whenever he or she considers that a prisoner’s physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.

The right to health care

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (42)

A resident doctor, assisted by a sufficient number of assistants, shall be present in every institution. The doctor shall be provided the necessary capabilities and medical equipment, in accordance with the executive regulations.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Mandela Rules

Rule (25)

2. The health-care service shall consist of an interdisciplinary team with sufficient qualified personnel acting in full clinical independence and shall encompass sufficient expertise in psychology and psychiatry. The services of a qualified dentist shall be available to every prisoner.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (43)

If an institution's doctor finds that an inmate is at risk of being harmed due to the term that they spend in solitary confinement or due to work or other causes, they must present the matter to the institution's director in writing, to order to undertake the procedures they deem necessary to prevent the harm.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Mandela Rules

Rule (33)

The physician shall report to the prison director whenever he or she considers that a prisoner’s physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (44)

If a doctor finds that an inmate has a life-threatening illness or an illness that puts them at risk of full disability and requires they be released, the doctor must submit the matter to a medical committee presided over by a forensic physician to be formed pursuant to a decree from the secretary of the General People's Committee for Justice, to review the matter of the release of the afflicted inmate.

In all cases, the injured inmate may only be released by the order of the secretary of the General People's Committee for Justice.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

The committee formed by the Ministry of Justice

The right to health care

Slowness of committee procedures

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (45)

The Judicial Police shall monitor inmates released for health reasons in accordance with the preceding Article and present them to the institution's doctor every three months or whenever their condition requires a medical examination. A report on their health shall be submitted to the Judicial Police. If it is found that the health reasons that resulted in their release are gone, the Prosecutor General shall issue a decision cancelling the release order.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

The right to health care

Illegal prisons

Slowness of the competent committee's procedures

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the personnel at official prisons

Lack of resources

Lack of cooperation of the related bodies

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (46)

If the condition of a sick inmate becomes critical, their family must be notified of such immediately and permitted to visit the inmate. If an inmate dies, their body must be handed over to their family if they so request. The body may only be buried with the permission of the Public Prosecution. The necessary sanitary measures shall be taken in the event the death was caused by an epidemic disease.

The competent chief prosecutor must be notified. If three days pass from an inmate's death and the family does not appear to receive the body, the inmate may be buried at the state's expense. The burial may take place prior to this period if required by health exigencies.

Public Prosecution

Supervising judge

Prison Administration

Director of the Judicial Police

Mandela Rules

Rule (68)

Every prisoner shall have the right, and shall be given the ability and means, to inform immediately his or her family, or any other person designated as a contact person, about his or her imprisonment, about his or her transfer to another institution and about any serious illness or injury. The sharing of prisoners’ personal information shall be subject to domestic legislation.

Rule (69)

In the event of a prisoner’s death, the prison director shall at once inform the prisoner’s next of kin or emergency contact. Individuals designated by a prisoner to receive his or her health information shall be notified by the director of the prisoner’s serious illness, injury or transfer to a health institution. The explicit request of a prisoner not to have his or her spouse or nearest relative notified in the event of illness or injury shall be respected.

The right to health care, the right to visits

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (14)

The Inmate Rehabilitation and Care Department shall supervise correctional and rehabilitation institutions, develop plans and programs for the rehabilitation, education, awareness, and guidance of inmates in institutions, provide them with health and psychological care, and organize their meetings with visitors. It shall, in particular, have the following competencies:

11. Monitor chronic health conditions.

12. Monitor the vaccine and immunization program against diseases and undertake the necessary campaigns in this regard.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Ministry of Education

Culture Authority

Endowments Authority

The right to health care

The right to social welfare

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (30)

Convicted pregnant and nursing women shall only be permitted to work in those activities and to the extent suitable for their health condition, as determined by the institution’s doctor. The institution's doctor shall determine their work hours or exempt them altogether.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (96)

1. Sentenced prisoners shall have the opportunity to work and/or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

The right to health care for pregnant, and nursing women

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (45)

Convicted inmates shall be employed in the works specified in the table annexed. A committee in charge of the employment of inmates depending on their abilities, skills, interests, and health condition shall be formed pursuant to a decision from the Director of the Judicial Police.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Labour

Mandela Rules

Rule (102)

1. The maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative regulation, taking into account local rules or custom in regard to the employment of free workers.

The right to work, the right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (46)

If an inmate spends one month in the job assigned thereto and their supervisor deems that they are not carrying it out satisfactorily, the inmate's case shall be submitted to a social worker to discuss the reason, and then to the Committee once again to consider appointing the inmate to another suitable job if the cause cannot be avoided.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Labour

Mandela Rules

Rule (98)

1. So far as possible the work provided shall be such as will maintain or increase the prisoners’ ability to earn an honest living after release.

2. Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners

3. Within the limits compatible with proper vocational selection and with the requirements of institutional administration and discipline, prisoners shall be able to choose the type of work they wish to perform.

The right to work

The right to social welfare

The right to health

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (47)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (116)

An untried prisoner shall always be offered the opportunity to work, but shall not be required to work. If he or she chooses to work, he or she shall be paid for it.

Rule (96)

1. Sentenced prisoners shall have the opportunity to work and/or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

The right to health care

The right to be presumed innocent

The right to work

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (48)

Inmates may engage in their trade for their own account and they shall be facilitated in having the necessary tools and raw materials for work brought to them at their own expense. They may work outside the institution's set working hours pursuant to a decision from the committee provided for in Article (45) of these Regulations. Inmates whose request is refused may file a grievance to the General Director of the competent body and the complaint shall be decided on within two weeks from the date of its submission to the director. A lack of response within this period shall be considered a rejection of the grievance.

The inmate’s production shall be handed over to the person designated thereby or the institution shall sell it along with its products for the inmate's account. Prices shall be treated like wages.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (98)

3. Within the limits compatible with proper vocational selection and with the requirements of institutional administration and discipline, prisoners shall be able to choose the type of work they wish to perform.

The right to work, the right to rehabilitation in preparation for life e after release

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (49)

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

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (102)

1. The maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative regulation, taking into account local rules or custom in regard to the employment of free workers.

The right to work, the right to health care, the right to food

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (51)

Female inmates may only be employed within the institution and in jobs suitable for the nature of women.

Public Prosecution

Supervising judge

Prison Administration

International Covenant on Civil and Political Rights

Article (26)

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The right to equality before the law

Discrimination against women

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (54)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

Mandela Rules

Rule (101)

1. The precautions laid down to protect the safety and health of free workers shall be equally observed in prisons.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (63)

Inmates shall be owed a wage for their work.

Wages and the rules of entitlement to and deprivation of wages shall be specified under a decree from the Minister of Justice.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

Mandela Rules

Rule (103)

1. There shall be a system of equitable remuneration of the work of prisoners.

The right to work, the right to dispose of money

The decree setting wages has not been issued to date

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (65)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

Mandela Rules

Rule (101)

2. Provision shall be made to indemnify prisoners against industrial injury, including occupational disease, on terms not less favourable than those extended by law to free workers.

The right to work

The decree setting wages has not been issued to date

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (28)

Work shall be mandatory for all convicted prisoners whose health does not prevent them from doing so.

Inmates may be asked to work outside the institution in the same working conditions and manner as inside the institution.

The implementing regulations shall determine the types and nature of the labour they perform, in accordance with the provisions of the Labour Law.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

The right to work

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (29)

Inmates shall be exempted from work when they reach sixty years of age, unless they do not wish to be exempted and their health permits work, as established by a doctor's report.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

Mandela Rules

Rule (96)

1. Sentenced prisoners shall have the opportunity to work and/or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

The right to health care

The right to work

The right to humanitarian treatment

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (105)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (96)

1. Sentenced prisoners shall have the opportunity to work and/or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources, including lack of medical staff

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (30)

Unless necessary, inmates may not work on religious and official holidays.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (102)

1. The maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative regulation, taking into account local rules or custom in regard to the employment of free workers.

The right to rest

The right to practice a faith

Law No. (5) of 2005 on correction and rehabilitation institutions

and the implementing regulations thereof

Article (32)

Inmates shall receive compensation for their work in the institution. The amount, payment terms, and manner of disbursement of such wage shall be specified by the implementing regulations.

Article (63) Regulations

Inmates shall be owed a wage for work.

Wages and the rules of entitlement to and deprivation of wages shall be specified under a decree from the secretary.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (103)

1. There shall be a system of equitable remuneration of the work of prisoners.

The right to work, the right to dispose of money

The decree determining wages has not to date been issued by the Minister of Justice

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (33)

No more than half of an inmate's wages may be garnished or deducted to satisfy an expense debt or to pay the amounts owed by the inmate as compensation for any institution losses caused by their error. If there are more than one such debt, the priority shall go to the expense debt. Compensation for the losses set out in the preceding paragraph shall be assessed by a committee formed pursuant to a decree issued by the Minister of Justice.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

Mandela Rules

Rule (103)

1. There shall be a system of equitable remuneration of the work of prisoners.

2. Under the system, prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own use and to send a part of their earnings to their family.

3. The system should also provide that a part of the earnings should be set aside by the prison administration so as to constitute a savings fund to be handed over to the prisoner on his or her release.

The right to dispose of money in accordance with the rules

Lack of a register containing data on prisoner debts

and the manner of repayment

There is a penalties register which is general, registers must be allocated for financial penalties,

disciplinary penalties, and

criminal penalties

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (34)

If an inmate dies, any wages owed thereto shall be disbursed to their heirs. If the deceased has no heirs, such wages shall be transferred to the special account set out in Article (15) hereof.

Public Prosecution

Supervising judge

Prison Administration

The right to dispose of money

A prisoner's wages are a right due to the heirs after their death (with a legal basis) Inheritance

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (14)

The Inmate Rehabilitation and Care Department shall supervise correctional and rehabilitation institutions, develop plans and programs for the rehabilitation, education, awareness, and guidance of inmates in institutions, provide them with health and psychological care, and organize their meetings with visitors. It shall, in particular, have the following competencies:

14. Participate in inmate work committees and provides opinion in their regard.

19. Provide all requirements for the institution's inmate employment and production projects.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (96)

1. Sentenced prisoners shall have the opportunity to work and/or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

The right to health care

The right to rehabilitation

The right to social welfare

Failure of work committees to perform their role

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (12)

When entering an institution, inmates shall be read a summary of the inmates’ duties and rights in the presence of the head of the institution or representative thereof.

Public Prosecution

Supervising judge

Prison Administration

Legal associations

Mandela Rules

Rule (54)

Upon admission, every prisoner shall be promptly provided with written information about:

a. The prison law and applicable prison regulations;

b. His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints;

c. His or her obligations, including applicable disciplinary sanctions; and

d. All other matters necessary to enable the prisoner to adapt himself or herself to the life of the prison.

The right to know one's rights

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Publish the rights on a clear sign inside the prison

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (18)

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

Public Prosecution

Supervising judge

Prison Administration

Legal associations

Mandela Rules

Rule (14)

In all places where prisoners are required to live or work:

a. The windows shall be large enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;

b. Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.

The right to health care

The right to human dignity

Narrowness of cells due to the age of prisons and failure to meet international requirements therein

Overcrowded prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (31)

Pursuant to a decree from the Minister of Justice, inmates may be housed at work sites if they are employed at locations at a distance from the institution that prevents their return to prison daily. Such sites shall observe the rules provided inside prisons with regard to order, food, health, discipline, and the necessary security precautions.

In all cases, inmates shall be returned to the institution as soon as the work they have been assigned at the distant location is completed.

Public Prosecution

Supervising judge

Prison Administration

Ministry of Justice

Mandela Rules

Rule (96)

1. Sentenced prisoners shall have the opportunity to work and/or to actively participate in their rehabilitation, subject to a determination of physical and mental fitness by a physician or other qualified health-care professionals.

The right to work

The right to rehabilitation

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of cooperation of the related bodies

Prohibition against employing prisoners in unsuitable jobs

Prohibition against prisoners working in jobs pertaining to the prison administration or Judicial Police personnel.

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (13)

The Assistant Head of the Judicial Police for Institutional Affairs shall hold the following competencies:

5. Monitor the performance of institution directors, monitor violations, abuses, and infractions, and propose solutions and measures to reduce them.

Public Prosecution

Supervising judge

Prison Administration

Legal associations

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Weak performance of legal associations

Barring legal associations from performing their role

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (93)

Any director or worker of an institution who accepts a person without a written order issued by the competent judicial authorities, refuses to obey a release order, unlawfully prolongs a person's stay in the institution, prevents or neglects enabling an inmate to appear before the competent court for their trial, or is negligent in implementing their requests related to appeal of the ruling issued against them shall be punishable with imprisonment or a fine of not less than one hundred dinars and not more than five hundred dinars.

Public Prosecution

Supervising judge

Prison Administration

The right to legal detention

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Prohibition against detaining a person without legal grounds

Article (433) Penal Code, Unlawful Arrest of Persons

Any public employee who arrests a person in transgression of the limits of their authority shall be punishable with imprisonment.

Article (434) Penal Code, Unjustified Restriction of Personal Freedom

Any public employee entrusted with the administration of a prison or location designed for the enforcement of preventative measures who accepts a person without an order from the competent authorities, refuses to obey its order to release such person, or unlawfully delays enforcement of a penalty or preventative measure shall be punishable with imprisonment or a fine not more than fifty pounds.

Article (426) Criminal Procedure

Release of the Accused

An accused in provisional detention shall be released immediately upon acquittal, if the sentence does not require imprisonment, if a suspended sentence is issued, or if the accused has already served the sentence term in provisional detention.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (94)

Anyone who does any of the following shall be punishable with imprisonment for a period not less than one month and not more than six months, a fine of not less than two hundred dinars and not more than one thousand dinars, or one of the two penalties:

– Brings an item in violation of the laws and regulations in force into the institution.

– Brings or removes correspondence or publications in violation of the set regulations.

– Gives an item to an inmate while they are being transferred from one location to another, without the knowledge of the institution's director.

The penalty shall be imprisonment for a period not less than six months and a fine not less than five hundred dinars and not more than two thousand dinars if the crime is committed by an employee at the institution or someone assigned to guarding inmates.

The provision of the preceding paragraph shall be displayed in visible locations and on the outside door of each institution.

Public Prosecution

Supervising judge

Prison Administration

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (95)

Any inmate who does not return to the institution following the end of the leave granted thereto shall be punishable with imprisonment for a period not more than six months and a fine not more than two hundred dinars.

Public Prosecution

Supervising judge

Prison Administration

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Article (277) Penal Code, Escape

Anyone who is lawfully arrested and then escapes shall be punishable with imprisonment for a period not more than six months or a fine not more than twenty pounds.

If an arrest order has been issued for accused or they have been sentenced to imprisonment or a more severe penalty, they shall be punishable with imprisonment for a period not more than two years or a fine not more than one hundred dinars.

The penalties shall increase if the escape occurred in either of the two preceding conditions and was accompanied by force or by the commission of another offence.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (96)

Foreigners against whom an order of detention or deportation is issued by the Minister of Interior shall be placed in institutions temporarily until deportation proceedings are completed.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (62)

1. Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with the diplomatic and consular representatives of the State to which they belong.

The right to legal detention for foreigners

The right to human dignity

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (98)

Inmates must be notified of the previous Article when entering an institution and when leaving it for any reason during their stay.

As a preventative measure, institution directors may order that an inmate be placed in hand restraints for a period not to exceed 72 hours, if they commit a disturbance or constant severe assault or there is a fear they might harm themselves or others.

An institution director may order that a prisoner be placed in leg restraints if there is a fear they may escape during transport and there are reasonable grounds for such fear.

In all cases, the institution director must report a restraining order to the Director of the Judicial Police, Public Prosecution, or investigating magistrate, as the case may be, and any of these parties may order the restraints removed if they are found to be unnecessary.

Inmates may also file a grievance against a restraint order to the supervising judge or Public Prosecution. A decision must be issued on the grievance urgently and the party ordering the restraint must end the restraint immediately upon absence of the causes therefor. The restraining order, grounds therefor, and procedures must be recorded in the Incidents Register.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (48)

Instruments of restraint shall be imposed only for the time period required, and they are to be removed as soon as possible after the risks posed by unrestricted movement are no longer present.

The right to file a complaint

The right to file a grievance

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (13)

Prior to being placed in an institution, inmates must be searched and any money and valuable or prohibited items that may be on their person shall be seized and recorded in the special registers.

If an inmate has financial obligations to the state set out in the ruling issued against them for the penalty, such obligations shall be fulfilled by any money they might have on their person. If such is not sufficient to fulfil such obligations and the inmate has not satisfied such after being instructed to do so, the Public Prosecution shall undertake the sale of their possessions in a public auction and use the proceeds of such sale to fulfil said obligations or the remaining portion thereof. The sale shall end when it has produced a sum sufficient to fulfil the required amount. Any amounts remaining after fulfilment of the obligations referred to in the preceding Article, if any, shall be placed in the inmate's account in the record of funds held in trust to use when needed, unless they request it be paid, in full or in part, to a person of their choosing or to their guardian.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (50)

The laws and regulations governing searches of prisoners and cells shall be in accordance with obligations under international law and shall take into account international standards and norms, keeping in mind the need to ensure security in the prison. Searches shall be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual being searched, as well as the principles of proportionality, legality and necessity.

The right to maintain personal property

The right to human dignity

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (62)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (84)

1. Inspectors shall have the authority:

a. To access all information on the numbers of prisoners and places and locations of detention, as well as all information relevant to the treatment of prisoners, including their records and conditions of detention;

The right to documentation

The right to work

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (70)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Education

Mandela Rules

Rule (85)

1. Every inspection shall be followed by a written report to be submitted to the competent authority. Due consideration shall be given to making the reports of external inspections publicly available, excluding any personal data on prisoners unless they have given their explicit consent.

The right to transparency

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (106)

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

Public Prosecution

Supervising judge

Prison Administration

Ministry of Health

Mandela Rules

Rule (33)
The physician shall report to the prison director whenever he or she considers that a prisoner’s physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (13)

The Assistant Head of the Judicial Police for Institutional Affairs shall hold the following competencies:

17. Perform periodic and unannounced check-up and inspection tours of institutions to examine work flow and the obstacles and difficulties they face.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (83)

1. There shall be a twofold system for regular inspections of prisons and penal services:

a. Internal or administrative inspections conducted by the central prison administration;

b. External inspections conducted by a body independent of the prison administration, which may include competent international or regional bodies.

2. In both cases, the objective of the inspections shall be to ensure that prisons are managed in accordance with existing laws, regulations, policies and procedures, with a view to bringing about the objectives of penal and corrections services, and that the rights of prisoners are protected.

The right to transparency and accountability

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (73)

The Administrative Inspection Authority establishments shall have a number of inspectors working therein, presided over by a chief prosecutor to confirm adherence to the systems in place, implement all laws and regulations, examine any complaints submitted, study the matters requested of them, and submit reports on the results of their work to the Prosecutor-General.

The Secretary and Minister of Justice and the Prosecutor-General shall have the right to inspect institutions.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (84)

2. External inspection teams shall be composed of qualified and experienced inspectors appointed by a competent authority and shall encompass health-care professionals. Due regard shall be given to balanced gender representation.

The right to transparency and accountability

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Article (74)

Without prejudice to Articles (33) and (32) of the Criminal Procedure Code, the Prosecutor-General and members of the Public Prosecution shall have the right to enter at any time all prison locations, in order to confirm:

a. Proper implementation of court rulings and decisions and orders issued by investigating judges and the Public Prosecution.

b. That no person is being detained without a written order issued by a judicial body.

c. Categorisation of inmates and the treatment thereof as provided.

d. Examination of judicial documents and records to confirm they are in keeping with the designated forms, properly used, and orderly.

Such persons shall have the right to meet inmates and receive their complaints and, in general, to confirm observation of laws and regulations and take any necessary measures with regard to any violations. The institution director shall provide them with all requested information.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (84)

1. Inspectors shall have the authority:

a. To access all information on the numbers of prisoners and places and locations of detention, as well as all information relevant to the treatment of prisoners, including their records and conditions of detention;

b. To freely choose which prisons to visit, including by making unannounced visits at their own initiative, and which prisoners to interview;

c. To conduct private and fully confidential interviews with prisoners and prison staff in the course of their visits;

d. To make recommendations to the prison administration and other competent authorities.

2. External inspection teams shall be composed of qualified and experienced inspectors appointed by a competent authority and shall encompass health-care professionals. Due regard shall be given to balanced gender representation.

The right to transparency and accountability

The right to freedom

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Article (433) Penal Code, Unlawful Arrest of Persons

Any public employee who arrests a person in transgression of the limits of their authority shall be punishable with imprisonment.

Article (434) Penal Code, Unjustified Restriction of Personal Freedom

Any public employee entrusted with the administration of a prison or location designed for the enforcement of preventative measures who accepts a person without an order from the competent authorities, refuses to obey said authorities’ order to release such person, or unlawfully delays enforcement of a penalty or preventative measure shall be punishable with imprisonment or a fine not more than fifty pounds.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (99)

An institution director or judicial police officer delegated thereby at the institution shall have the right to inspect each person inside the institution suspected of possessing prohibited items, whether an inmate, worker, or other person.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (50)

The laws and regulations governing searches of prisoners and cells shall be in accordance with obligations under international law and shall take into account international standards and norms, keeping in mind the need to ensure security in the prison. Searches shall be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual being searched, as well as the principles of proportionality, legality and necessity.

The right to maintain public security

Lack of adherence to the rules on searches

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Article (432) Penal Code, Inspection of Persons

Any public employee who inspects a person in transgression of the limits of their authority shall be punishable with imprisonment.

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (137)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means;

The right to contact with the outside world

The right to integrate into society and the appendant care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (138)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means;

The right to contact with the outside world

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (139)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means;

The right to contact with the outside world

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (140)

All letters sent or received by inmates shall be presented open to the institution director or representative thereof. If barred from sending or receiving letters, an inmate may file a grievance to the head of the institution's administrative inspection body.

Public Prosecution

Supervising judge

Prison Administration

The right to file complaints, the right to privacy

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (156)

Inmates may be granted emergency leave in the event of the death of one of their relatives to the second degree. The leave shall be for a maximum period of 72 hours, even if they are not eligible for annual leave. Such leave shall only be granted after providing a statement that the death occurred and the identification of the degree of kinship between the deceased and the inmate. The duration of the emergency leave shall not be calculated as part of the inmate’s annual leave.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (70)

The prison administration shall inform a prisoner at once of the serious illness or death of a close relative or any other person important to them. Whenever circumstances allow, prisoners should be authorized to go, either under escort or alone, to the bedside of such relative or person if that person is critically ill, or to attend their funeral.

The right to contact with the outside world

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (50)

Without prejudice to the Code of Criminal Procedure, inmates shall have the right to exchange letters and receive visitors, according to what is indicated in the executive regulations.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means;

b. By receiving visits.

The right to contact with the outside world

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (51)

An inmate's lawyer must be authorised to meet with them individually after obtaining written permission for such from the Public Prosecution or an investigating judge, as the case may be, whether the meeting is at the inmate's invitation or based on the request of their lawyer.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (61)

1. Prisoners shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a legal adviser of their own choice or a legal aid provider, without delay, interception or censorship and in full confidentiality, on any legal matter, in conformity with applicable domestic law. Consultations may be within sight, but not within hearing, of prison staff.

The right to an attorney

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (52)

Each competent chief prosecutor or Judicial Police director may permit an inmate's relatives, representative, or guardian to visit them outside of ordinary visiting hours, when necessary.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means;

b. By receiving visits.

The right to receive visits, the right to contact with the outside world

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (53)

The director of the institution or delegate thereof for this purpose may review every piece of correspondence sent to or by an inmate, and shall prohibit the sending or receipt of such if they deem the contents suspicious or a breach of security.

Public Prosecution

Supervising judge

Prison Administration

The right to maintain public security, the right to privacy, the right to contact with the outside world

Failure to abide by the rules on respecting a prisoner's privacy

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (54)

For reasons related to security or public health, any visitor may be searched. If they refuse, the visitor may be refused access

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (60)

1. Admission of visitors to the prison facility is contingent upon the visitor’s consent to being searched. The visitor may withdraw his or her consent at any time, in which case the prison administration may refuse access.

2. Search and entry procedures for visitors shall not be degrading and shall be governed by principles at least as protective as those outlined in rules (50) to (52). Body cavity searches should be avoided and should not be applied to children.

The right to maintain public security, the right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (117)

If the institution’s doctor deems that the health condition of an inmate has become critical, the doctor shall prepare a report thereon and submit it to the institution’s director, who shall order that the inmate’s family be notified of their condition by telephone or telegram, directly or through administrative entities in the jurisdiction in which they reside. The doctor shall also notify the head of the competent administrative inspection body. The same notification procedures shall be followed in the event of death.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (69)

In the event of a prisoner’s death, the prison director shall at once inform the prisoner’s next of kin or emergency contact. Individuals designated by a prisoner to receive his or her health information shall be notified by the director of the prisoner’s serious illness, injury or transfer to a health institution. The explicit request of a prisoner not to have his or her spouse or nearest relative notified in the event of illness or injury shall be respected.

The right to health care

The right to contact with the outside world

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (167)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (54)

Upon admission, every prisoner shall be promptly provided with written information about:

a. The prison law and applicable prison regulations;

b. His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints;

c. His or her obligations, including applicable disciplinary sanctions; and

d. All other matters necessary to enable the prisoner to adapt himself or herself to the life of the prison.

The right to information, the right to notices concerning the prisoner

The right to a fair trial

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (118)

If the family of an inmate in critical condition appear, they shall be authorized to visit the inmate immediately, even if visits were suspended for any reason. They shall also be allowed to visit the inmate every day as long as their condition is critical, unless there are health contraindications.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (69)

In the event of a prisoner’s death, the prison director shall at once inform the prisoner’s next of kin or emergency contact. Individuals designated by a prisoner to receive his or her health information shall be notified by the director of the prisoner’s serious illness, injury or transfer to a health institution. The explicit request of a prisoner not to have his or her spouse or nearest relative notified in the event of illness or injury shall be respected.

The right to receive visits

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (127)

Persons in provisional detention and inmates in the first category may receive visitors once a week, while inmates in the second category may receive visitors once a month, two months after the date of sentencing. If the Public Prosecution orders the isolation of a person in provisional detention in the interest of the investigation, such person may only receive visitors with special permission.

Prisoners, temporary detainees

Mandela Rules

Rule (111)

3. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit from a special regime

The right to receive visits

Visit period varies from one category to another

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (133)

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

Public Prosecution

Supervising judge

Prison Administration

The right to receive visits

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (134)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (61)

1. Prisoners shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a legal adviser of their own choice or a legal aid provider, without delay, interception or censorship and in full confidentiality, on any legal matter, in conformity with applicable domestic law. Consultations may be within sight, but not within hearing, of prison staff.

The right to receive visits

Lack of suitable locations in most prisons due to lack of resources

and age of the buildings

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (135)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

b. By receiving visits.

The right to receive visits

Lack of suitable locations in most prisons due to lack of resources

and age of the buildings

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (180)

The relatives, counsel, and guardian of persons sentenced to death may visit the prisoner on the day prior to the execution.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

b. By receiving visits.

The right to receive visits

Lack of suitable locations in most prisons due to lack of resources

and age of the buildings

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (50)

Without prejudice to the Code of Criminal Procedure, inmates shall have the right to exchange letters and receive visitors, according to what is set out in the executive regulations.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (58)

1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:

a. By corresponding in writing and using, where available, telecommunication, electronic, digital and other means;

b. By receiving visits.

The right to receive visits

The right to correspondence

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of paper, pens, and similar resources to enable prisoners to correspond

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (51)

An inmate's lawyer must be authorised to meet with them individually after obtaining written permission for such from the Public Prosecution or an investigating judge, as the case may be, whether the meeting is at the inmate's invitation or based on the request of their lawyer.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (61)

1. Prisoners shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a legal adviser of their own choice or a legal aid provider, without delay, interception or censorship and in full confidentiality, on any legal matter, in conformity with applicable domestic law. Consultations may be within sight, but not within hearing, of prison staff.

2. In cases in which prisoners do not speak the local language, the prison administration shall facilitate access to the services of an independent competent interpreter.

3. Prisoners should have access to effective legal aid.

The right to an attorney

The right to privacy

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (52)

Each competent chief prosecutor or Judicial Police director may permit an inmate's relatives, representative, or guardian to visit them outside of ordinary visiting hours, when necessary.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (61)

1. Prisoners shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a legal adviser of their own choice or a legal aid provider, without delay, interception or censorship and in full confidentiality, on any legal matter, in conformity with applicable domestic law. Consultations may be within sight, but not within hearing, of prison staff.

2. In cases in which prisoners do not speak the local language, the prison administration shall facilitate access to the services of an independent competent interpreter.

3. Prisoners should have access to effective legal aid.

The right to an attorney

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (53)

The director of the institution or delegate thereof for this purpose may review every piece of correspondence sent to or by an inmate, and shall prohibit the sending or receipt of such if they deem the contents suspicious or a breach of security.

Public Prosecution

Supervising judge

Prison Administration

The right to maintain public security, the right to privacy, the right to contact with the outside world

Failure to respect prisoner privacy

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (54)

For reasons related to public health or security, any visitor may be searched. If they object, the visitor may be barred from the visit, and the reasons for such shall be stated in the visit record.

The Head of the Judicial Police may decide to bar visits temporarily for the reasons referred to in the preceding Article.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (60)

1. Admission of visitors to the prison facility is contingent upon the visitor’s consent to being searched. The visitor may withdraw his or her consent at any time, in which case the prison administration may refuse access.

2. Search and entry procedures for visitors shall not be degrading and shall be governed by principles at least as protective as those outlined in rules (50) to (52). Body cavity searches should be avoided and should not be applied to children.

The right to maintain public security, the right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (8)

Inmates may be transferred from a main institution to a local institution, and from a local institution to a private institution to spend the remaining period of the sentence, provided this period does not exceed two years in the first case and one year in the second and the inmate proved commendable and of a good behaviour throughout their stay in the institution.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

The right to rehabilitation

The right to integrate into society

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources due to the age of prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (17)

If an inmate is transferred from one institution to another, their file with all its contents and their deposits shall be sent to the institution to which they are transferred. This shall be recorded in the relevant register in the institution to which they are transferred.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (6)

There shall be a standardized prisoner file management system in every place where persons are imprisoned. Such a system may be an electronic database of records or a registration book with numbered and signed pages. Procedures shall be in place to ensure a secure audit trail and to prevent unauthorized access to or modification of any information contained in the system.

The right to documentation

The right to rehabilitation

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources for transportation and rehabilitation

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (110)

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

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (35)

1. The physician or competent public health body shall regularly inspect and advise the prison director on:

a. The quantity, quality, preparation and service of food;

b. The hygiene and cleanliness of the institution and the prisoners;

c. The sanitation, temperature, lighting and ventilation of the prison;

d. The suitability and cleanliness of the prisoners’ clothing and bedding;

e. The observance of the rules concerning physical education and sports, in cases where there is no technical personnel in charge of these activities.

2. The prison director shall take into consideration the advice and reports provided in accordance with paragraph 1 of this rule and rule 33 and shall take immediate steps to give effect to the advice and the recommendations in the reports. If the advice or recommendations do not fall within the prison director’s competence or if he or she does not concur with them, the director shall immediately submit to a higher authority his or her own report and the advice or recommendations of the physician or competent public health body.

The right to health care

The right to rehabilitation

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources, including medical staff

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (194)

Inmates sentenced to imprisonment shall be transferred from a main institution to a local institution, and from a local institution to a private institution, pursuant to a decision from the secretary, if they meet the following conditions:

a. The remaining term of the sentence does not exceed three years, in the event of transfer from a main institution, and two years in the event of transfer from a local institution.

b. The inmate was not convicted of a felony or misdemeanour while in the institution.

c. The inmate has not escaped, tried to escape, or participated in such attempts.

d. The director of the institution they are being transferred from testifies to the inmate's obedience and good treatment of other inmates.

e. The inmate has not been penalised more than once with the penalties provided in paragraphs (e), (f), and (g), of Article (58) of the Correctional and Rehabilitation Institutions Act.

f. The inmate’s transfer does not put public security or public health at risk.

Public Prosecution

Supervising judge

Prison Administration

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

The right to rehabilitation

The right to social welfare

The right to integrate into society

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources for rehabilitation and reform

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (195)

An inmate may be transferred from one institution to another of the same category under a decision of the Head of the Judicial Police. The inmate shall be transferred to the institution closest to their place of residence before entering the institution or closest to their family's residence, as desired.

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (124)

In the rehabilitation and employment of inmates, the Social Services Unit shall perform the following duties:

1. Accompany inmates during working hours inside and outside the institution and on work sites.

2. Observe the condition of inmates during work and how each one approaches their work, examine the reasons for low or weak productivity, if any, and submit a report including a proposal for solving the same.

3. Examine the complaints submitted by inmates on the works assigned thereto and make proposals to eliminate the causes if they are found to be serious.

4. Organize regular sessions with the inmates, separately or collectively, in order to rehabilitate them psychologically and socially so they become useful members of society.

5. Form homogeneous groups among inmates to engage in various sports and entertainment activities, according to individual interests, hobbies, and use of free time.

6. Take all necessary measures to encourage inmates to compete in good behaviour and cooperation between them and between those working in the institution.

7. Organize matches between the inmates inside the institution.

8. Encourage inmates to visit the library and educate themselves.

9. Create a local channel with programs, supervise it, and encourage inmates to subscribe to it.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (57)

1. Every request or complaint shall be promptly dealt with and replied to without delay. If the request or complaint is rejected, or in the event of undue delay, the complainant shall be entitled to bring it before a judicial or other authority.

The right to rehabilitation and social welfare

Lack of suitable locations in most prisons due to lack of resources

Age of buildings, illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of cooperation of the official and non-official sector to enable prisoners to work and create programs for their rehabilitation

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (125)

3. Prepare a report on inmates who don't have a job or steady source of income to live on, including their social and psychological conditions, a summary of the studies conducted on them, the work that suits them, and their need for financial assistance when they leave the establishment.

4. Monitor the situation of those released by visiting them on a regular basis each month or whenever requested, and welcome them at the institution if they so wish, in order to support them, lift their spirits, and solve their problems if any, by reaching out directly to the competent entities.

Prison Administration

Public Welfare Section

Public Prosecution

Supervising judge

Mandela Rules

Rule (108)

1. Services and agencies, governmental or otherwise, which assist released prisoners in re-establishing themselves in society shall ensure, so far as is possible and necessary, that released prisoners are provided with appropriate documents and identification papers, have suitable homes and work to go to, are suitably and adequately clothed having regard to the climate and season and have sufficient means to reach their destination and maintain themselves in the period immediately following their release.

2. The approved representatives of such agencies shall have all necessary access to the prison and to prisoners and shall be taken into consultation as to the future of a prisoner from the beginning of his or her sentence.

3. It is desirable that the activities of such agencies shall be centralized or coordinated as far as possible in order to secure the best use of their efforts.

The right to work, the right to rehabilitation and social welfare after release

Lack of social workers in sufficient numbers in prison, there might be one or two only

Lack of qualification of social welfare cadres

Lack of cooperation of the related bodies to hire specialists

Sensitivity between social workers and members of the Judicial Police

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (47)

A social welfare section shall be established in all institutions with a sufficient number of experts and specialists. The section shall hold competency to perform the following:

- Contribute to the preparation and implementation of programs to receive inmates, with regard to examining their personalities and categorizing them.

- Participate in establishing inmate treatment, education, training, and qualification programs and contribute to overseeing the implementation of these programs and amend such programs when needed.

- Prepare social research and psychological studies that assist in rehabilitating inmates to be good members of society.

- Monitor the social activity of inmates and study their individual problems, providing the assistance needed to solve them.

- Psychological, social and occupational preparation and rehabilitation of inmates, arrangement of suitable work for them prior to their release, and social and material care of inmates and their families throughout the enforcement of the penalty and after their release, in cooperation with the competent bodies.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (92)

1. To these ends, all appropriate means shall be used, including religious care in the countries where this is possible, education, vocational guidance and training, social casework, employment counselling, physical development and strengthening of moral character, in accordance with the individual needs of each prisoner, taking account of his or her social and criminal history, physical and mental capacities and aptitudes, personal temperament, the length of his or her sentence and prospects after release.

Rule (94)

As soon as possible after admission and after a study of the personality of each prisoner with a sentence of suitable length, a programme of treatment shall be prepared for him or her in the light of the knowledge obtained about his or her individual needs, capacities and dispositions.

The right to rehabilitation and social welfare

Lack of social workers in sufficient numbers in prison, there might be one or two only

Lack of qualification of social welfare cadres

Lack of cooperation of the related bodies to hire specialists

Sensitivity between social workers and members of the Judicial Police

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (48)

The social welfare section in each institution shall notify the General Authority for the Social Security Fund of the names of inmates at least two months before their release. The latter shall entrust the competent employment bodies to provide suitable jobs and financial assistance for released inmates.

Prison Administration

Public Welfare Section

Public Prosecution

Supervising judge

The right to work, the right to rehabilitation and social welfare after release

Lack of social workers in sufficient numbers in prison, there might be one or two only

Lack of qualification of social welfare cadres

Lack of cooperation of the related bodies to hire specialists

Sensitivity between social workers and members of the Judicial Police

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (49)

The Head of the Judicial Police may give a fixed financial grant set by the executive regulations to released inmates to meet their urgent needs after their release.

Prisoners, released

The right to financial assistance

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (6)

The Judicial Police shall manage and supervise the institutions administratively and technically, implement related legislation, and apply international standards on such institutions with the aim of reforming and rehabilitating inmates using scientific methods and implementing judicial orders and judgements. In doing such, the Judicial Police shall have the following competencies:

11. Form and qualify specialized elements in the field of correction and rehabilitation, in coordination with the competent bodies, and propose training and rehabilitation programs domestically and abroad to improve their competence.

16. Increase the capabilities of specialized elements in the field of correction and rehabilitation according to the latest in this area.

Judicial Police Authority

Prison Administration

Public Prosecution

Supervising judge

The right to detention and rehabilitation in accordance with international standards

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of sufficient and ongoing qualification of the officers at official prisons

Lack of resources

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (41)

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

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

Rule (23)

1. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits.

The right to sports activities

The right to rehabilitation

Lack of suitable locations due to overcrowding

Prison buildings are run-down

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (42)

An inmate’s working hours shall be reduced by an hour a day for every grade they are promoted to. If the period of a convict's stay in the institution is over four years, prior to release they must pass through a transition period, the duration of which and treatment of the inmate therein shall be specified in the implementing regulations, provided that restrictions are reduced and privileges granted gradually.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

The right to reward for good behaviour

The right to rehabilitation

Lack of social workers in sufficient numbers in prison, there might be one or two only

Lack of qualification of social welfare cadres

Failure of specialists to carry out prisoner rehabilitation programs

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (43)

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

Prisoners

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

The right to reward for good behaviour

The right to rehabilitation

Lack of social workers in sufficient numbers, lack of qualification of social welfare cadres

Lack of cooperation of the related bodies to hire specialists

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (81)

Each inmate who receives the following educational degrees during their stay in the institution shall receive the following remuneration:

a. Certificate of memorization of the Quran in full: five hundred (500) LYD.

b. Certificate of completion of primary education: one hundred fifty (150) LYD.

c. General Secondary Certificate or the equivalent: two hundred fifty (250) LYD.

d. University degree or equivalent: five hundred (500) LYD.

e. Master's degree: six hundred (600) LYD.

f. Doctorate: one thousand (1,000) LYD.

Prison Administration

Public Prosecution

Supervising judge

Ministry of Endowments

Ministry of Public and Higher Education

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

The right to reward for good behaviour, the right to practice a faith

The article is specific to the Quran and memorising it as the basis for good conduct and does not provide considerations for other faiths

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (163)

All complaints and grievances submitted by inmates, whether oral or written, shall be recorded in a special register for such at the institution. The record shall show the complainant's information, the complaint content, the time of submission, and the action taken with regard thereto. The person in charge of the record must write down complaints and grievances immediately upon submission, mark them as registered, and then present them with the person who filed them to the institution's director immediately upon submission.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (56)

1. Every prisoner shall have the opportunity each day to make requests or complaints to the prison director or the prison staff member authorized to represent him or her.

2. It shall be possible to make requests or complaints to the inspector of prisons during his or her inspections. The prisoner shall have the opportunity to talk to the inspector or any other inspecting officer freely and in full confidentiality, without the director or other members of the staff being present.

3. Every prisoner shall be allowed to make a request or complaint regarding his or her treatment, without censorship as to substance, to the central prison administration and to the judicial or other competent authorities, including those vested with reviewing or remedial power.
4. The rights under paragraphs 1 to 3 of this rule shall extend to the legal adviser of the prisoner. In those cases where neither the prisoner nor his or her legal adviser has the possibility of exercising such rights, a member of the prisoner’s family or any other person who has knowledge of the case may do so.

The right to file a complaint

The right to file a grievance

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (166)

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

Inmates may submit anonymous complaints, and such complaints shall be treated the same as signed complaints.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (57)

2. Safeguards shall be in place to ensure that prisoners can make requests or complaints safely and, if so requested by the complainant, in a confidential manner. A prisoner or other person mentioned in paragraph 4 of rule 56 must not be exposed to any risk of retaliation, intimidation or other negative consequences as a result of having submitted a request or complaint.

The right to file a complaint

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of prison personnel

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (123)

The Social Welfare Unit shall, when receiving inmates, perform the following duties:

1. Meet each inmate separately when they arrive at the institution to get to know them, instil confidence in them, and obtain the required information while making them understand its confidentiality.

2. Obtain personal data on each inmate, their behaviour, criminal record, and the case in which they were sentenced from the facts in their file and the case file.

3. Conduct social research on the inmate, if necessary, to become familiar with their situation.

4. Diagnose the inmate's case and prepare a report on the same, including the reasons for delinquency and an expert opinion on how to deal with and treat them and the extent of their family's need, mentioning the details and amount of aid.

5. Provide opinions on the classification and housing of inmates.

6. Contact inmates continuously, monitor their situations, write reports on inmates every three months, mentioning their activities and any improvement or regression, and the reasons and treatment therefor.

7. Work to improve the situation of each inmate after studying it.

8. Suggest work appropriate for each inmate when they are assigned a job.

9. In the event of an inmate’s conditional release, submit a report three months in advance.

10. Provide opinions on the transfer of inmates from one institution to the other.

11. Examine complaints filed by inmates and their families and provide opinions thereon and on how to remedy their causes if they are found to be serious.

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

13. Manage the children of female inmates placed in nurseries or social services outside the institution, unless there is a social worker at the institution, in which case, the latter would be in charge of the welfare affairs of female inmates and their children.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (57)

1. Every request or complaint shall be promptly dealt with and replied to without delay. If the request or complaint is rejected, or in the event of undue delay, the complainant shall be entitled to bring it before a judicial or other authority.

The right to file a complaint

Lack of social workers in sufficient numbers in prison, there might be one or two only

Lack of qualification of social welfare cadres

Lack of cooperation of the related bodies to hire specialists

Sensitivity between social workers and members of the Judicial Police

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (110)

If the doctor finds that the released inmate needs treatment, the doctor must send the inmate to a specialised public hospital if none of the inmate’s relatives receives the inmate and commits to their treatment. If the disease is contagious or endemic, the doctor must send the released inmate to the hospital.

Prison Administration

Public Prosecution

Supervising judge

Ministry of Health

Mandela Rules

Rule (27)

1. All prisons shall ensure prompt access to medical attention in urgent cases. Prisoners who require specialized treatment or surgery shall be transferred to specialized institutions or to civil hospitals. Where a prison service has its own hospital facilities, they shall be adequately staffed and equipped to provide prisoners referred to them with appropriate treatment and care.

The right to health care

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of cooperation of the related bodies

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (116)

The institution director must immediately notify the police station or the local People's Security Station in the jurisdiction where the residency of an inmate released for health reasons is located of the end date of the sentence for which they were imprisoned, in order to stop monitoring them, unless they are wanted to serve another sentence.

Prison Administration

Public Prosecution

Supervising judge

Ministry of Interior

The right to freedom

The right to post-release care for integration

Lack of qualification of members of the Ministry of Interior

Lack of effective departments for post-release care

Lack of resources to enable employees specialised in post-release care to perform their roles

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (192)

If an inmate stayed in the institution for more than four consecutive years, they must, prior to the end of the sentence period, undergo a one-month transition period for each full year spent in the institution. If the inmate meets the terms of the conditional release before the end of the sentence period by a period equal to a transition period, this period shall be calculated as an employment period and this shall be recorded in the general record and the inmate’s file on the date they are eligible for the transition period on the two cases from the date of their admission into the institution.

Prison Administration

Public Prosecution

Supervising judge

The right to rehabilitation and social welfare

Lack of social workers in sufficient numbers

Lack of qualification of social welfare cadres

Age of prison buildings

The absorptive capacity of prisons is weak

Failure to implement conditional release programs for good behaviour

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (193)

Without prejudice to Articles (14) and (15) of these Regulations, inmates in a transition period shall move together and in adjoining rooms. During the transition period, inmates shall be treated like inmates serving provisional sentences, provided this is done in accordance with the classification set out in a decision from the institution director.

Prison Administration

Public Prosecution

Supervising judge

The right to rehabilitation and social welfare

Illegal prisons

Weak monitoring of prisons by the judicial authority, including the Public Prosecution and the Inspection Authority

Lack of qualification of the officers at official prisons

Lack of resources

Decree No. (1960) of 2013 on adopting the organisational structure and powers of the Judicial Police Department

Article (14)

The Inmate Rehabilitation and Care Department shall supervise correctional and rehabilitation institutions, develop plans and programs for the rehabilitation, education, awareness, and guidance of inmates in institutions, provide them with health and psychological care, and organize their meetings with visitors. It shall, in particular, have the following competencies:

21. Supervise post-release care for inmates in coordination with the Ministry of Social Affairs and the other bodies that can provide inmates with useful care outside of institutions.

Prison Administration

Public Prosecution

Supervising judge

The right to rehabilitation

The right to social welfare

The right to health care

Lack of social workers in sufficient numbers in prison, there might be one or two only

Lack of qualification of social welfare cadres

Lack of cooperation of the related bodies to hire specialists

Sensitivity between social workers and members of the Judicial Police

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (82)

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

Prison Administration

Public Prosecution

Supervising judge

Ministry of Education

Mandela Rules

Rule (64)

Every prison shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

The right to education

The right to recreation

There are no libraries other than in limited prisons; even if there is a library, prisoners are not allowed access

Old unsuitable prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (36)

Education shall be compulsory for illiterate inmates. The institution's administration shall work to educate and provide occupational training to other inmates, taking into consideration their age, readiness, and prison term, and in accordance with the curricula provided for the State's various educational stages. The General People's Committee for Justice and the General People's Committee shall provide study materials and training in each institution.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (104)

1. Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterate prisoners and of young prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

The right to education

Failure of the Ministry of Education to perform its role

Failure of the Ministry of Labour and Training to perform its role

Weak oversight of the bodies authorised under the Law on correction and rehabilitation institutions

A regular school was established in 2009 in Al-Jadid men's prison which was a success, but it didn't continue after 2011

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (37)

The Judicial Police shall provide all study aids and exam taking for inmates who have a level of education that allows for such and who wish to continue their studies.

Inmates may not leave to take exams except by permission from the competent chief prosecutor, and such shall not be permitted with regard to crimes related to state security except after approval of the Public Prosecution. The exit of such persons shall be replaced with the allocation of exam committees for them inside the prison, in accordance with the rules set out for this purpose.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (104)

1. Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterate prisoners and of young prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

2. So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.

The right to education

Failure of the Ministry of Education to perform its role

Weak oversight of the bodies authorised under the Law on correction and rehabilitation institutions

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (38)

A library shall be established in each institution with the aim of educating and improving the manners of inmates. All inmates may make use of it in their spare time. With the consent of the head of the institution, inmates may have the books, newspapers, and magazines they want brought in at their own expense.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (64)

Every prison shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

The right to recreation, the right to education

There are no libraries other than in limited prisons; even if there is a library, prisoners are not allowed access

Old unsuitable prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (39)

The Judicial Police shall provide various media to inmates and work to hold educational and recreational seminars and lectures for them.

Judicial Police Authority

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (105)

Recreational and cultural activities shall be provided in all prisons for the benefit of the mental and physical health of prisoners.

The right to recreation, the right to education

There are only rarely programs such as this

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (22)

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

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (66)

So far as practicable, every prisoner shall be allowed to satisfy the needs of his or her religious life by attending the services provided in the prison and having in his or her possession the books of religious observance and instruction of his or her denomination.

The right to practice a faith

The article does not provide considerations for other faiths.

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (86)

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

Prisoners

Mandela Rules

Rule (65)

1. If the prison contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

The right to practice a faith

The article does not provide considerations for other faiths.

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (87)

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

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

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

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

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

Prison Administration

Judicial Police Authority

Ministry of Endowments

Mandela Rules

Rule (65)

1. If the prison contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

The right to practice a faith, the right to health care

The article does not provide considerations for other faiths and the wording requires inmates and employees to attend and perform religious rites except in the event of security or health requirements

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (40)

Inmates shall be granted a motivational financial bonus if during their stay in the institution, they memorize all or half the Holy Koran or if they receive a public, graduate, or post-graduate degree.

The executive regulations shall set the value of the bonus for each case.

Prison Administration

Judicial Police Authority

Ministry of Endowments

Mandela Rules

Rule (95)

Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every prison, in order to encourage good conduct, develop a sense of responsibility and secure the interest and cooperation of prisoners in their treatment.

The right to practice a faith

The article does not provide considerations for other faiths.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (41)

Every institution shall have one or more religious preachers in charge of guidance and assistance to correct the delinquency of inmates and bring them back to society as good citizens.

Prison Administration

Judicial Police Authority

Ministry of Endowments

Mandela Rules

Rule (65)

1. If the prison contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

The right to practice a faith, the right to rehabilitation and social care

The article does not provide considerations for other faiths.

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (14)

After one year has passed, the institution director may transfer valuable items placed in the aforementioned inmate trust account to the Public Prosecution for sale by public auction and the price thereof shall be kept in the owner's trust account.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (67)

1. All money, valuables, clothing and other effects belonging to a prisoner which he or she is not allowed to retain under the prison regulations shall on his or her admission to the prison be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

2. On the release of the prisoner, all such articles and money shall be returned to him or her except in so far as he or she has been authorized to spend money or send any such property out of the prison, or it has been found necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a receipt for the articles and money returned to him or her.

3. Any money or effects received for a prisoner from outside shall be treated in the same way.

4. If a prisoner brings in any drugs or medicine, the physician or other qualified health-care professionals shall decide what use shall be made of them.

The right to keep personal property

Neither the Public Prosecution or the Judicial Police have the right to sell prisoners' private property because that is a violation of the right of ownership

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (18)

If neither the inmate nor their heirs submit a request for the return money or other valuable items kept in accordance with the provisions of Article (31) of this Law within three years from the date of their death, release, or escape (if they are not rearrested), the money or the proceeds of the sale of such items shall be deposited in the account referred to in Article (15) of this Law, without the need to take any action.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (67)

1. All money, valuables, clothing and other effects belonging to a prisoner which he or she is not allowed to retain under the prison regulations shall on his or her admission to the prison be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

2. On the release of the prisoner, all such articles and money shall be returned to him or her except in so far as he or she has been authorized to spend money or send any such property out of the prison, or it has been found necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a receipt for the articles and money returned to him or her.

3. Any money or effects received for a prisoner from outside shall be treated in the same way.

4. If a prisoner brings in any drugs or medicine, the physician or other qualified health-care professionals shall decide what use shall be made of them.

The right to keep personal property

The law does not clearly require the administrative body to notify the heirs

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (10)

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

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

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (67)

1. All money, valuables, clothing and other effects belonging to a prisoner which he or she is not allowed to retain under the prison regulations shall on his or her admission to the prison be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

2. On the release of the prisoner, all such articles and money shall be returned to him or her except in so far as he or she has been authorized to spend money or send any such property out of the prison, or it has been found necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a receipt for the articles and money returned to him or her.

3. Any money or effects received for a prisoner from outside shall be treated in the same way.

4. If a prisoner brings in any drugs or medicine, the physician or other qualified health-care professionals shall decide what use shall be made of them.

The right to keep personal property

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (64)

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

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (39)

1. No prisoner shall be sanctioned except in accordance with the terms of the law or regulation referred to in rule 37 and the principles of fairness and due process. A prisoner shall never be sanctioned twice for the same act or offence.

2. Prison administrations shall ensure proportionality between a disciplinary sanction and the offence for which it is established, and shall keep a proper record of all disciplinary sanctions imposed.

3. Before imposing disciplinary sanctions, prison administrations shall consider whether and how a prisoner’s mental illness or developmental disability may have contributed to his or her conduct and the commission of the offence or act underlying the disciplinary charge. Prison administrations shall not sanction any conduct of a prisoner that is considered to be the direct result of his or her mental illness or intellectual disability.

Disciplining prisoners with the intent of rehabilitating them

The Minister of Justice has not determined the wages of working prisoners or the raises due thereto

Discipline as a rehabilitative and corrective means if not abused

Decree No. (168) of 2005 on the executive regulation for Law No. (5) on correction and rehabilitation institutions

Article (93)

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

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

Prison Administration

Public Prosecution

Mandela Rules

Rule (39)

1. No prisoner shall be sanctioned except in accordance with the terms of the law or regulation referred to in rule 37 and the principles of fairness and due process. A prisoner shall never be sanctioned twice for the same act or offence.

2. Prison administrations shall ensure proportionality between a disciplinary sanction and the offence for which it is established, and shall keep a proper record of all disciplinary sanctions imposed.

3. Before imposing disciplinary sanctions, prison administrations shall consider whether and how a prisoner’s mental illness or developmental disability may have contributed to his or her conduct and the commission of the offence or act underlying the disciplinary charge. Prison administrations shall not sanction any conduct of a prisoner that is considered to be the direct result of his or her mental illness or intellectual disability.

The right to rehabilitation and reform

Discipline as a rehabilitative and corrective means if not abused

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (55)

Inmates sentenced to a custodial penalty shall be entitled to an annual leave of eight days, granted in periods of not more than four days each, pursuant to the conditions set out in the implementing regulations.

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

Prison Administration

Public Prosecution

Supervising judge

The right to leaves

The administration's abuse of its authority might deprive inmates from their right to leave

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (56)

Inmates may be granted an emergency leave if a relative up to the second degree dies. The leave shall be 72 hours at most.

The leave shall be granted under a decision from the Head of Judicial Police.

Prison Administration

Public Prosecution

Supervising judge

The right to leaves in the event of a death

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (57)

In all cases, the leave period shall not count as part of the penalty to which the inmate was sentenced. Leaves shall be calculated from the hour the inmate leaves the institution. If there is a long distance between the institution's location and the inmate's destination, the leave period shall be increased to allow for round-trip travel, provided such increase not exceed four days in all cases.

Prison Administration

Public Prosecution

Supervising judge

The right to leaves

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (58)

If an inmate violates the institution's regulations and rules, they shall be subject to one of the following disciplinary penalties:

Warning.

Deprivation of receiving visitors for a period of not more than one month.

Deprivation of wages, not to exceed a week's wages each time, and not more than thirty days a year.

Deprivation of all or a portion of the privileges provided for the inmate grade in their category for a period not to exceed thirty days.

Return transfer of the inmate to a grade higher than their grade for a period of not less than one month and not to exceed six months.

Reduction of inmate's grade to the grade lower than their grade for a period of not less than one month and not to exceed six months.

Solitary confinement for a period not to exceed one month. Penalties shall be imposed pursuant to a decision from the Head of Judicial Police.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (39)

1. No prisoner shall be sanctioned except in accordance with the terms of the law or regulation referred to in rule 37 and the principles of fairness and due process. A prisoner shall never be sanctioned twice for the same act or offence.

2. Prison administrations shall ensure proportionality between a disciplinary sanction and the offence for which it is established, and shall keep a proper record of all disciplinary sanctions imposed.

3. Before imposing disciplinary sanctions, prison administrations shall consider whether and how a prisoner’s mental illness or developmental disability may have contributed to his or her conduct and the commission of the offence or act underlying the disciplinary charge. Prison administrations shall not sanction any conduct of a prisoner that is considered to be the direct result of his or her mental illness or intellectual disability.

The right to rehabilitation

The right to reform

Discipline as a rehabilitative and corrective means if not abused

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (59)

Institution directors may impose the following penalties:

Warning.

Deprivation of receiving visitors for a period of not more than fifteen days.

Deprivation of wages, not to exceed three day each time.

Deprivation of all or a portion of the privileges provided for the inmate grade in their category for a period not to exceed twenty-five days. Return transfer of the inmate to a grade higher than their grade for a period not to exceed three months.

Reduction of the inmate's grade to a lower grade for a period not to exceed three months.

Solitary confinement for a period not to exceed fifteen days.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (39)

1. No prisoner shall be sanctioned except in accordance with the terms of the law or regulation referred to in rule 37 and the principles of fairness and due process. A prisoner shall never be sanctioned twice for the same act or offence.

2. Prison administrations shall ensure proportionality between a disciplinary sanction and the offence for which it is established, and shall keep a proper record of all disciplinary sanctions imposed.

3. Before imposing disciplinary sanctions, prison administrations shall consider whether and how a prisoner’s mental illness or developmental disability may have contributed to his or her conduct and the commission of the offence or act underlying the disciplinary charge. Prison administrations shall not sanction any conduct of a prisoner that is considered to be the direct result of his or her mental illness or intellectual disability.

The right to rehabilitation

The right to reform

Discipline as a rehabilitative and corrective means if not abused

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (60)

The decision issued to impose the penalty shall be substantiated and the Prosecutor-General must be notified of such immediately upon its issuance.

Prison Administration

Public Prosecution

Supervising judge

The right to file a grievance

Possible deprivation of the right to file a grievance before the source of the decision or a higher body if the administration abuses its authority

Substantiation is a fundamental guarantee

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (61)

In all cases, punishments may not be imposed on inmates before they are notified of the charge attributed to them, their statements heard, and a report drawn up investigating their defence.

All punishments imposed on inmates shall be recorded on a special form kept in their file, and shall also be recorded in the register of punishments.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (54)

Upon admission, every prisoner shall be promptly provided with written information about:

a. The prison law and applicable prison regulations;

b. His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints;

c. His or her obligations, including applicable disciplinary sanctions; and

d. All other matters necessary to enable the prisoner to adapt himself or herself to the life of the prison.

The right to defence

Illegal prisons do not follow the disciplinary procedures in accordance with the rules mentioned

Being informed of the charge is a fundamental guarantee

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (62)

The imposition of disciplinary penalties shall not delay the release of an inmate once the sentence determined by the court ruling issued against them is completed.

Prison Administration

Public Prosecution

Supervising judge

The right to release

Weak oversight and inspection of prisons

Illegal prisons not subject to judicial oversight

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (63)

Inmates placed in preventative detention shall, with regard to discipline, be treated as sentenced inmates.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (111)

3. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit from a special regime which is described in the following rules in its essential requirements only.

The right to be presumed innocent

Weak oversight and inspection of prisons

Illegal prisons not subject to judicial oversight

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (64)

A general authority for the Judicial Police shall be established and it shall undertake

the management of correction and rehabilitation institutions in accordance with the provisions of this Law and the enforcement of judgements and orders issued by judicial bodies. It shall be affiliated to the General People's Committee for Justice and shall be organised and its powers determined pursuant to a decision from the Secretary of the General People's Committee for Justice.

Its personnel shall be subject to the laws and regulations in force with regard to the police in terms of recruitment, promotion, discipline, and other professional affairs.

 Ministry of Justice

Judicial Police Authority

Prison Administration

Mandela Rules

Rule (74)

1. The prison administration shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of prisons depends.

2. The prison administration shall constantly seek to awaken and maintain in the minds both of the personnel and of the public the conviction that this work is a social service of great importance, and to this end all appropriate means of informing the public should be used.

3. To secure the foregoing ends, personnel shall be appointed on a full-time basis as professional prison staff and have civil service status with security of tenure subject only to good conduct, efficiency and physical fitness. Salaries shall be adequate to attract and retain suitable men and women; employment benefits and conditions of service shall be favourable in view of the exacting nature of the work.

The right to highly-qualified employees

Lack of ongoing training programs for employees

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (65)

Commissioned officers and non-commissioned officers holding the rank of corporal and above shall have the capacity of judicial officers as relates to the implementation of the provisions of this Law.

Ministry of Justice

Judicial Police Authority

Prison Administration

The right to highly-qualified employees

Lack of ongoing training programs for employees

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (67)

The head of the institution shall promptly inform the Public Prosecution and competent bodies of any commotion, riots, or insurrection in the institution. He shall also report the death, serious injury, or escape of any inmate and any felony or offence any inmate commits or is subject to.

Prison Administration

Judicial Police Authority

Public Prosecution

Supervising judge

Mandela Rules

Rule (71)

1. Notwithstanding the initiation of an internal investigation, the prison director shall report, without delay, any custodial death, disappearance or serious injury to a judicial or other competent authority that is independent of the prison administration and mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases. The prison administration shall fully cooperate with that authority and ensure that all evidence is preserved.

The right to transparency

Lack of specialised anti-riot forces

Lack of training programs for employees in prisons and the Judicial Police

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (68)

Institution directors shall accept any complaints from inmates, whether verbally or in writing, and undertake the required measures with regard thereto, writing all of this in the record of complaints and requests submitted by inmates. If an inmate wishes to submit their complaint to another body, the institution director must submit it to the Public Prosecution or to the entity to which the complaint is being submitted.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (56)

1. Every prisoner shall have the opportunity each day to make requests or complaints to the prison director or the prison staff member authorized to represent him or her.

2. It shall be possible to make requests or complaints to the inspector of prisons during his or her inspections. The prisoner shall have the opportunity to talk to the inspector or any other inspecting officer freely and in full confidentiality, without the director or other members of the staff being present.

3. Every prisoner shall be allowed to make a request or complaint regarding his or her treatment, without censorship as to substance, to the central prison administration and to the judicial or other competent authorities, including those vested with reviewing or remedial power.

4. The rights under paragraphs 1 to 3 of this rule shall extend to the legal adviser of the prisoner. In those cases where neither the prisoner nor his or her legal adviser has the possibility of exercising such rights, a member of the prisoner’s family or any other person who has knowledge of the case may do so.

The right to file a complaint

Failure to provide the paper and pens required for filing complaints

Lack of a complaint box at most prisons

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (69)

No members of the public authorities shall be permitted to communicate with persons placed in preventative detention, except by written permission from the competent public prosecutor, and the institution director must record in the visit record the name of the person that was allowed such, the time of the meeting, permission date, and content thereof.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (111)

2. Unconvicted prisoners are presumed to be innocent and shall be treated as such.

3. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit from a special regime which is described in the following rules in its essential requirements only.

The right to be presumed innocent

Lack of locations to separate persons in provisional detention due to the age and poor condition of prison buildings

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (70)

Inmates shall be served judicial papers and other documents by delivery of a copy of the notice to the institution director or person acting in their place, and must undertake all measures to insure that the inmate is immediately shown the copy of any ruling or document served thereto and that they understand the content thereof. If the inmate expresses their wish to send a copy of the notification to a specific person, it must be sent thereto by registered letter.

Service and correspondence procedures must be recorded in the record of judicial notices and challenges.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (54)

Upon admission, every prisoner shall be promptly provided with written information about:

a. The prison law and applicable prison regulations;

b. His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints;

c. His or her obligations, including applicable disciplinary sanctions; and

d. All other matters necessary to enable the prisoner to adapt himself or herself to the life of the prison.

The right to information

Lack of training programs for employees in prisons and the Judicial Police

Law No. (5) of 2005 on correction and rehabilitation institutions

Article (71)

Reports on appeals or other challenges that an inmate wishes to submit shall be drafted on the form prepared for such and written up by the institution director or representative thereof in such matters.

Institution directors shall confirm that these reports are recorded in the record allocated for such and submitted immediately to the registrar of the competent court. Such may be sent by registered letter if the courthouse is in a city far from the institution's location.

Prison Administration

Public Prosecution

Supervising judge

Mandela Rules

Rule (54)

Upon admission, every prisoner shall be promptly provided with written information about:

a. The prison law and applicable prison regulations;

b. His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints;

c. His or her obligations, including applicable disciplinary sanctions; and

d. All other matters necessary to enable the prisoner to adapt himself or herself to the life of the prison.

Rule (120)

1. The entitlements and modalities governing the access of an untried prisoner to his or her legal adviser or legal aid provider for the purpose of his or her defence shall be governed by the same principles as outlined in rule 61.

An untried prisoner shall, upon request, be provided with writing material for the preparation of documents related to his or her defence, including confidential instructions for his or her legal adviser or legal aid provider.

The right to information, the right to legal defence

Lack of means of transport to transport prisoners to the courts

Security challenges prevent their transport to the courts

Closure of local prisons causes delays in the trial of accused persons