NationStates Jolt Archive

Here goes, third time lucky.

Habeas Corpus

Category: Human Rights Strength: Significant

Habeas Corpus; by the passing of this resolution instituting the legal principle of Habeas Corpus by the voting members, Habeas Corpus will thus be affirmed by the United Nations as a set and irrefutable legal principle to which all member nations and all associated internal agencies are subject.

Recognising that Habeas Corpus is a founding principle of law in many nations, the UN formally adopts Habeas Corpus across all member states.

To clearly define Habeas Corpus:

Habeas Corpus is the legal principle that gives a person the right to not be held without charge. A charge must be filed with the judicial authorities of the country in which the suspected crime is committed within 24 hours of the person being held by police, or any other body charged with the upholding of the nation's laws. Habeas Corpus also declares accordingly that once a charge is filed, then the person should be treated as per the Definition of Fair Trial resolution.

Further noting,

If the captured or detained person is a prisoner of war or is captured or detained in an area of military conflict by forces of whom may be recognised as the opposition, then he or she must be held as per the previously recognised and enforced Wolfish Convention on PoWs.


I will begin campaigning immediately.

Again... we, The most Holy Church of Psychotropics, will not endorse this propsal. We hold Terror suspects and other human filth as long as we want with no charges.. once we get the information "extracted" from them, they are exciled into international waters.

Tuesday Heights will NOT support this bill in ANY form as it clearly is in violation of universal human rights.

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)

Tuesday Heights: may I ask how the principle of Habeas Corpus is "clearly" in violation of universal human rights? I would be interested in hearing your arguments.

I'm pretty sure it tries to promote human rights by making sure that no one is unfaily imprisioned and that they must be charged quickly so they cannot languish within a state prison. I'd prolly support it. I think my delegate would too.

Tuesday Heights: may I ask how the principle of Habeas Corpus is "clearly" in violation of universal human rights? I would be interested in hearing your arguments.

Habeas Corpus in any form allows those in custody during the first twenty-four hours to be coaxed into false confessions by those holding them captive through tactics to coerce them into releasing information they may or may not have knowledge of if they have or have not committed a crime.

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)

The fine young nation of Sublime Thought, being a regional delegate, has and shall continue to support the passage of this resolution.

Habeas Corpus in any form allows those in custody during the first twenty-four hours to be coaxed into false confessions by those holding them captive through tactics to coerce them into releasing information they may or may not have knowledge of if they have or have not committed a crime.

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)

And so there aren't any laws in Tuesday Heights regarding this already? Coercing a confession out of a suspect without charge is illegal in Moontian, and so there are no civil rights abuses there.

And so there aren't any laws in Tuesday Heights regarding this already? Coercing a confession out of a suspect without charge is illegal in Moontian, and so there are no civil rights abuses there.

There are laws preventing habeas corpus in Tuesday Heights, however, as a member of the UN, my nation will have to follow any laws the organization passes. So, if this passes, I must repeal my laws and follow what is drafted.

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)[/quote]

While your laws may have to be changed with this resolution, if it passes; there is nothing in the resolution regarding coercion, and so any previous laws in your nation regarding coercion would remain in place.

This proposal is designed with one thing in mind: the right of an individual to not be held without charge. Any laws regarding coercion are treated by the national government.

This proposal is designed with one thing in mind: the right of an individual to not be held without charge. Any laws regarding coercion are treated by the national government.

Tuesday Heights will NOT support habeas corpus in ANY form. All individuals have the right to be questioned for charges brought against them, not for charges that may or may not be brought against them. This is a violation of civil rights, human rights, and will not be tolerated for in TH or any of its subsidaries.

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)

Tuesday Heights:

The only reason I allowed the 24 hour period was because several nations thought that there should be time between arrest and charge.

I concurred, but only for a specific reason. This is the case of people the police may bring in for the night for their own protection. For instance, a drunk person whom the police do not wish to charge may be kept at the station overnight, without having to worry about charges.

Could you please point out the relevant part of this proposal that relates to the interviewing of suspects? I don't believe that there is any such section. Laws relating to such activities are organised by national governments.

We are supporting this proposal, as we did last time it was submitted.

Tuesday Heights will NOT support this bill in ANY form as it clearly is in violation of universal human rights.

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)

How so?

Could you please point out the relevant part of this proposal that relates to the interviewing of suspects? I don't believe that there is any such section. Laws relating to such activities are organised by national governments.

This just happens to be one of the many loopholes of this proposal. See, if it in-of-itself doesn't address issues that I've brought up, what other loopholes could be found to be used against those brought in?

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The Deadlines of Tuesday Heights (http://www.xanga.com/home.aspx?user=skytowerpoet)

Jackuul pledges its support for freedom.

Tuesday: I don't see it as a loophole. In any case, I was under the impression torture was illegel, but I may be wrong on that count.

I do not condone the use of coercion against those arrested. Habeas Corpus is a part of (real world) Australian law, and it only relates to the charging of those under arrest. There are other laws that relate to the treatment of those under arrest.

If you wish to draft a proposal relating to the treatment of those arrested, be my guest.

Let me say it again: Habeas Corpus only relates to the charging of those under arrest. Other laws cover the treatment of those under arrest, be they international laws (Definition of Free Trial, Declaration of Human Rights, Wolfish Convention on PoWs) or national laws.

I don't think small nations such as ours can afford to treat prisoners as powersinks that need to be charged; furthermore, isn't electroshock treatment considered a form of torture? Why our prisoners all receive speedy trials and are not be allowed to sit around eatin' their fool heads off on our (admittedly few) taxpayers' wooden nickels. Being too cheap to have any prisons, we deal with convicts by sentencing them to hard labor or death. Of course, sometimes the local populace will pass sentence before a proper trial can be convened. While regretable it does help save scarce taxpayer funds that can be better spent on more weapons! And you'd never catch us wasting hard-earned taxes on anything as pointlessly non-lethal as shock-sticks.

Emperor Pro-Tem "Big D"

[Habeas Corpus in any form allows those in custody during the first twenty-four hours to be coaxed into false confessions by those holding them captive through tactics to coerce them into releasing information they may or may not have knowledge of if they have or have not committed a crime.
...
There are laws preventing habeas corpus in Tuesday Heights

We fear Tuesday heights may have subtly misinterpreted the meaning of the phrase "habeas corpus". It does not mean the government's right to hold a suspect without charge for a length of time - it refers to the government's duty to either release a suspect or bring him to trial after a fixed period of time.

So if Tuesday Heights has banned habeas corpus - that implies that the government has no obligation to bring suspects to trial but can hold them indefinitely.

But if a nation already has laws forbidding suspects to be held before charges have been brought, this resolution won't affect that. It grants a certain minimum standard of rights to suspects. If a particular nation grants suspects extra rights, they won't be affected.

Comrade Christian
Delegate for Law

Since the spirit of this resolution is supporting Human Rights, let it be known that the Armed Republic of Battlefield Earth supports this to the end.

Noting-That basic human rights are a critical element of a stable government and that the UN has a vested interest in the stability of its member nations.

Noting-That the 24 hour maximum prevents states from holding prisoners indefinately without charge.

Noting-That the fair trial aspect of Habeau Corpus assists in ensuring that persons will not be convicted of crimes without proper evidence of their guilt being presented.

The Republic of Boogidyloo makes it know that it is in full support of this proposal.

Henrietta Chapman
Minister of Frogs
Boogidyloo

bu-bump

88, needs 67. I think that's passed last time, so thank you. Keep up the ggod work.

{ { { B-U-M-P } } }

:wink:

- The Rep of Komokom.

Has 112, needs 43. Thank you for your help, everyone who aided in this proposal. Hopefully, this will reach quorum the next time it is submitted. That probably won't be until next week, as I won't be around for the Easter long weekend.