Act No. 145/An/16/7Th Amending The Law On The Status Of Prison Security Personnel.

Original Language Title: Loi N° 145/AN/16/7ème L modifiant la loi portant Statut du personnel de la sécurité pénitentiaire.

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Act No. 145/AN/16/7th Amending the Staff Regulations for Prison Security Act.

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.





VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Act No. 144 of 16 September 1980 on the Penal Code;
VU Law No. 48/AN/83/1st L of 26 June 1983 bearing General Staff Regulations;
VU Act No.100/AN/00/4 L of 10 August 2000 on the powers and organization of the Ministry of Justice;
VU Law n°35/AN/09/6th The Staff Regulations of Penitentiary Security;
VU Decree No. 89-062/PRE of 29 May 1989 on the Special Staff Regulations;
VU Decree No. 2011-006/PR/MJAP on the reorganization of penitentiary institutions;
VU Decree No. 2011-007/PR/MJAP implementing Act No. 35/AN/09/6thL on the Status of Prison Security Personnel;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Order No.2016-110/PRE of 12 May 2016 appointing members of the government;
VU Circular n°201/PAN dated 26/06/2016 convening the fifth public session of the 1st Ordinary Session of the Year 2016;

The Council of Ministers heard in its meeting on 22 March 2016.


ARTICLE 1: This amends Act No. 35/AN/09/6th L establishing the Staff Regulations of the Prison Security.

Article 2: Article 5 as follows:
Penitentiary Security is based on the hierarchy that defines the place of each individual by the order of this body, in each body by order of its grades and in each rank by order of seniority subject to occupied functions. This hierarchy is as follows:
- Superior Officers (Commander, Captain)
- Subaltern Officers (Lieutenant, Sub-lieutenant, Senior Officer);
- Non-commissioned officers (Chief Adjudant, Adjudant, Chief Sergeant, Sergeant);
- Grades (Caporal Chief, Corporal, Senior Officer, Intern Officer),
is amended to read:
Penitentiary Security is based on the hierarchy that defines the place of each individual by the order of this body, in each body by order of its grades and in each rank by order of seniority subject to occupied functions. This hierarchy is as follows:
- Superior Officers (Colonel, Lieutenant Colonel, Commander);
- Subaltern Officers (capitaine, Lieutenant, Deputy Lieutenant, Officer, Officer)
- Non-commissioned officers (Chief Adjudant, Adjudant, Chief Sergeant, Sergeant);
- Grades (Caporal Chief, Corporal, 1st Class Agent, Intern Officer).

Article 3: Article 13 as follows:
Are proposable:
- For the first class, the 2nd class prison officers who have been holding for at least one year;
- For the grade of corporal, correctional officers of the 1st class or 2nd class who, having at least two years of service without interruption, have satisfied the examination of corporal students, and those who have demonstrated professional qualities justifying their promotion, provided they have at least four years of continuous service;
- For the rank of chief corporal, corporals with at least four years of continuous service in the corporal grade and with sufficient professional qualities to justify this promotion;
- For the rank of sergeant, the chief corporals who have met the examination of sergeant students, and who have at least two years in the rank of chief corporal;
- For the rank of chief sergeant, sergeants having at least four years of continuous service in the rank of sergeant, and demonstrating sufficient general knowledge and professional qualities to justify this promotion;
- For the rank of adjutant, Chief Sergeants who met the examination of the adjutant students, and who have at least two years of uninterrupted service in the rank of Chief Sergeant;

- For the rank of Chief Warrant Officer, those who have very good general and professional knowledge and have four years of service without interruption in their rank. This rank is also accessible to adjutants who have demonstrated qualities justifying their promotion provided that they have at least five years of service in their grade and within two thirds of the positions declared vacant;
- For the rank of lieutenant, the officer trainees who were held in their employment and choice, within one-fifth of the positions available, the adjutants and commanders who had two years of continuous service in their rank and who had met a professional instruction and command proficiency examination;
- For the rank of lieutenant, the lieutenants with two years of service at the 3rd level of their rank;
- For the rank of captain, lieutenants with two years of service at the 3rd level of their rank;
- For the rank of commander, captains with three years of service at the 2nd level of their rank and bringing together more than fifteen years of service in the position.
For the step forward on the ranks of lieutenant, lieutenant and captain, the time to pass in each step is two years. The service time completed as a student is taken into account for the advancement.
is amended to read:
Are proposable:
- For the first class, the 2nd class prison officers who have been holding for at least one year;
- For the grade of corporal, correctional officers of the 1st class or 2nd class who, having at least two years of service without interruption, have satisfied the examination of corporal students, and those who have demonstrated professional qualities justifying their promotion, provided they have at least four years of continuous service;
- For the rank of chief corporal, corporals with at least four years of continuous service in the corporal grade and with sufficient professional qualities to justify this promotion;
- For the rank of sergeant, the chief corporals who have met the examination of sergeant students, and who have at least two years in the rank of chief corporal;
- For the rank of chief sergeant, sergeants having at least four years of continuous service in the rank of sergeant, and demonstrating sufficient general knowledge and professional qualities to justify this promotion;
- For the rank of adjutant, the chief sergeants who have satisfied the examination of the adjutant students, and who have at least two years of continuous service in the rank of chief sergeant;
- For the rank of Chief Warrant Officer, those who have very good general and professional knowledge and have four years of service without interruption in their rank. This rank is also accessible to adjutants who have demonstrated qualities justifying their promotion provided that they have at least five years of service in their grade and within two thirds of the positions declared vacant;
- For the rank of lieutenant, the officer trainees who were held in their employment and choice, within one-fifth of the positions available, the adjutants and commanders who had two years of continuous service in their rank and who had met a professional instruction and command proficiency examination;
- For the rank of lieutenant, the lieutenants with two years of service at the 3rd level of their rank;
- For the rank of captain, lieutenants with two years of service at the 3rd level of their rank;
- For the rank of commander, captains with three years of service at the 2nd step of their rank and with more than fifteen years of service in the position;
- For the rank of lieutenant-colonel, commanders with four years of seniority in the rank;
- For the rank of colonel, lieutenant colonels counting at least two years of seniority in the rank.
For the step forward within the ranks of lieutenant, lieutenant and captain, the time to pass in each step is two years. The service time completed as a student is taken into account for the advancement.

Article 4: The rest without change.

Article 5: This Act will be enforced as a state law and published as soon as it is enacted.

Done in Djibouti on 16/07/2016


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH