Professor of International Law and Secretary-General Plenipotentiary of the Arab-European Center for Human Rights, Dr. Ramadan Ben Zir, expressed his shock at the new decision of the Speaker of the House of Representatives, Aguila Saleh, No. 68 of 2024, issued on October 6, 2024, regarding amending the value of the fee imposed on the official exchange rate of foreign currencies so that it becomes 20% instead. From 27% in blatant defiance of the judicial rulings issued invalidating his previous decision.
Dr. said. Bin Zir, in a statement to “Ain Libya”: “I was hoping that Mr. Aguila, who is a judicial advisor, would commit to implementing the rulings of the judiciary and issue a new decision obligating the Governor of the Central Bank of Libya to cancel the fees in compliance with the rulings of the judiciary and to promote the establishment of the state of law and institutions.”
He added: “I think it is useful to recall some provisions of the Libyan Penal Code and Article 234, which stipulates that every public employee shall be punished with imprisonment and dismissal if he deliberately abstains from implementing the ruling or order issued by the court ten days after he was warned by a bailiff, and this legal text is not subject to interpretation. The provisions must be implemented without delay.”
Dr. continued. Bin Zir: “The Supreme Court also ruled in Appeal Case No. 1566/48 that the implementation of judicial rulings must be implemented by force of law as soon as they are issued, unless the law stipulates otherwise, and the person against whom the ruling was issued must obey and implement the ruling, otherwise he will be considered committing the crime of refraining from implementing judicial rulings.” The Libyan Penal Code is punishable by imprisonment and removal from his job, according to Article 234 of the Libyan Penal Code.”
The professor of international law pointed out that failure to adhere to the implementation of judicial rulings and disregard for them is a negative message at home and abroad that will have serious repercussions on the Libyan judicial system and the rule of law, considering that the judiciary is the last bulwark for the establishment of the state of law and institutions and the protection of human rights and fundamental freedoms in Libya.
Dr. added. Ben Zir: “The abstention of political figures, whether executive or legislative, in our country from implementing judicial rulings sends a negative and dangerous message that the law is not above everyone, which leads to the spread of chaos and political and social division in the country.”
Dr. Ramadan Bin Zir concluded his speech by calling on the Supreme Judicial Council and all supervisory authorities in Libya to take a clear and frank position to limit recklessness and tampering with judicial rulings and hold legal and moral responsibility for all officials who do not commit to implementing the rulings, even if necessary not to consider constitutional or administrative issues as the rule of law exists. Implementing its provisions is the backbone for creating a safe, stable and cohesive society.
Last updated: October 7, 2024 – 16:55
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2024-10-08 12:34:23