NationStates Jolt Archive

Mirfakan Daiho refuses "cruel and unusual" claim against death.

12-04-2005, 05:57
The Daiho of Mirfak ruled on the controversial case of Osiella Province v. Emerik today, delivering a 5-4 ruling against the defendant Gerrard Emerik. Emerik was charged and convicted of driving while under the influence of mind-altering chemicals in his home province of Osiella almost a year ago, and was sentenced to be executed after the minimum period of one year under the province's new law requiring habitual criminals be euthanized to save on rehabilitation expenses. The intoxication charge was his tenth.

His appeal to the federal courts on the basis of unconstitutionality of the law attracted the attention of the Daiho, who heard the defense's arguments that the provincial statute was in violation of section eight of the national constitution's fifth article [In all cases the actions taken on a criminal must fit the crime committed as well as possible, and all such judgments given equally. Torture, both physical and psychological, shall be in all cases forbidden.] two months ago. The supreme court's ruling came as a shock to many used to the court's pro-life actions in the past. Chief Justice Samuil Nikita acknowledged in the court's official standing that "the national rehabilitation policy is paramount to continued successful reintroduction of convicts to society," but noted darkly "there are some criminals that cannot be rehabilitated, despite the State's best efforts."

The substantial paragraph of the final majority opinion asserts, "The Daiho is not prepared to incur the need for a national prison system to house unrecoverable criminals by abolishing the death penalty in cases where offenses of sufficient severity and/or frequency prove the offender is incapable of returning to society." It does not, however, preclude the possibility of abolishment. "We believe that this case falls not under section eight of the fifth article, but rather section ten [The powers not delegated to Mirfak or prohibited to it or its parties in this Constitution are reserved to the provinces respectively, or to the people.]. Under that section and the fifth clause of the seventh section of the first article of the Constitution of Mirfak [[The Council shall have the sole power to] determine actions that may be taken on those convicted by the judicial power], we believe this to be a matter for the provincial councils to decide."

Small consolation to Emerik and his supporters, the Daiho, in giving the power of death to the provinces, did make one important note in its ruling. "This court retains the right to examine and find individual statutes in violation of national constitution 5.8." Gerrard Emerik is scheduled to die by disintigration on the fifth of next month.

-MMI report; August 13, 2915. Translation and international news-stream provided by the Galactic News Network.