he scope of jurisdiction of the Libyan State Funds Recovery Office in combating corruption A study of Resolution No. 1496 of 2019 and the United Nations Convention of 2003
Abstract
The Libyan State Assets Recovery Office is one of the modern agencies, not only at the local level but also at the regional level. It was then established with the combined efforts of local authorities, such as the Presidential Council and the Council of Ministers, and with technical assistance from the United Nations Regional Institute for Crime and Justice Research. Its powers were defined in accordance with Resolution “1496 of 2019.” It is the Libyan state's tool for recovering looted and smuggled funds and assets.
As for the scope of its powers in the field of combating corruption, according to what was stated in the following decision to establish it:
First: The office undertakes searches and investigations for looted and smuggled Libyan funds and assets, whether fixed or movable, and lists all documents indicating and relating to them, which belong to the Libyan state and are subject to any type of looting, smuggling, or the sin of obtaining them through illegal means such as corruption and bribery in the sense stated in The United Nations Convention against Corruption and applicable legislation.
Second: The office is responsible for civil judicial procedures by taking the necessary actions such as notification, freezing, confiscation, seizure, and all requests that are within the jurisdiction of the “urgent judiciary.” As for civil and commercial lawsuits, they are carried out in coordination with the “Case Management” in all lawsuits filed by and against the office, and the referral of documents that reveal their facts. Criminal suspicion to the Attorney General's Office.
To give the issue its due, we will try to answer a main question, which is whether the Libyan legislator agreed in Resolution 1496 of 2019 regarding the establishment of the Office for the Recovery of Libyan State Funds to combine applicable legislation and international agreements in the field of combating corruption.
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
