Constitution

Libya 2011 Constitution (reviewed 2012)

CHAPTER FOUR. JUDICIAL GUARANTEES

Article 31

No offence may be established or penalty inflicted unless based on a law.

The accused shall be presumed to be innocent until his guilt is established in a fair trial in which he shall have the necessary guarantees to defend himself. Every citizen shall have the right to have recourse to the courts in accordance with the statute.

Article 32

The judicial power shall be independent. It shall be exercised by the different courts. It shall issue judgments in accordance with the law. The judges shall be independent and shall be subject to no other authority except the law and their conscience.

The establishment of exceptional courts shall be prohibited.

Article 33

The right to a judgment shall be inviolable and guaranteed to all. Every citizen shall have the right to resort to his natural judge. The state shall ensure the proximity of the courts to the parties and the quick determination of lawsuits.

Legal decisions exempting any administrative decision from review by the courts shall be prohibited.