NationStates Jolt Archive

UN Delegates, support proposal of Habeas Corpus Act!

This is crucial to upholding sanity. Or at least a virtual version of the highly illegal guantamino bay...

It is considered polite to post the text of your proposal here in the forums so we don't have to go looking for it, I'll do it for you this time, but next time I'll just assume it says Moo Oink Squee Squee.

Category: Human Rights


Strength: Significant


Proposed by: Weed Central

Description: The United Nations,

NOTING the precedent of international law towards greater human rights and equality for all, and the threat of terrorism to such a state.

RECOGNISING the right for the government to hold suspects of a great threat to a society of well-being captive for much time in an interrogation process proceeding a trial.

UPSET by the lack of previous legislation (at the time of this document’s composition) directly over-seeing the line drawn between a POW and a suspect held by military services in their own nation.

RESOLVES upon making the 'Habeas Corpus Act' mandatory for all UN nations in an attempt to hold governments from restricting people basic human rights whilst a 'suspect' of terrorism.

REQUIRES member governments to fairly and equally apply the following rights of citizens as they are upheld by international and national law:

1. Make clear records upon taking a person unto the law.

2. The right to a fair trial before a nation's court of law.

3. The right to fair judicial proceedings and law enforcement application especially as guaranteed by international law,.

4. The ACCUSATION of the subject must be made within 3 months of being held within the law, and the TRIAL a full 3 month after that.

5. This is the maximum holding time, not the minimum.

COMMITS to fighting ignorance and prejudice, and helping to stop paranoia from destroying a nation's code of justice.

ENCOURAGES all nations to gather sufficient evidence of terrorism involvement rather than hold them without such proof.

Perhaps I'm losing it, but I could've sworn there already was a Habeas Corpus resolution.

Perhaps I'm losing it, but I could've sworn there already was a Habeas Corpus resolution.

You're not losing it. There already is a Habeas Corpus resolution.

Not only is Habeas Corpus (http://forums2.jolt.co.uk/showpost.php?p=7030245&postcount=74) already recognised in international law (courtesy of yours truly), but this particular proposal by Weed Central does not refer to the very legal principle that gives it that name.

Yes, but this takes it a step further, in that they have to then be tried within a time limit.

This is crucial to upholding sanity. Or at least a virtual version of the highly illegal guantamino bay...

We're sorry, but we're extremely opposed to the idea of sanity. We'd tell you, but then we'd have to eat you alive with a side of squid.

Oh, and your idea is illegal due to two reasons.

1. It's been done.

2. Amendments are illegal.

Yes, but this takes it a step further, in that they have to then be tried within a time limit.
Which is already covered by another resolution, Definition of Fair Trial. Which was referred to directly in Habeas Corpus.

However, you still haven't realised that you have not explained what Habeas Corpus is in your proposal. Habeas Corpus is not about the time limits for a trial, it is not about making clear records, or anything else you have talked about in this proposal. Habeas Corpus is the legal principle that protects a person's right to be free of imprisonment without charge.

Thus, your proposal is illegal as there is a title/text mismatch.

Section 1 of this refering to clear records... troubles us... as who will be checking these records and what details must be in them... As many of our reason for holding a person involve matters of National Security to the Empire then having any outsider check them would possibly do brave harm to that National Security. So I believe I would not be alone in saying this will not fly on this alone.

Sectiion 2 of this also says the right to fair trial by a Nation's Courts.. then in following sections it sits time limits that may or may not effect the working time limits of that Nations Courts..

As the Empire sets such actions to five days from trial to hanging then the three months is not a problem when dealing with terrorists caught in our Regional Borders..

As most internees face a number of charges from false entry into the area to presenting a false image to Royal Authorities we have the proof needed to find them guilty and exucute them according to our National Laws, Hanging.

Add fact they are or may be caught with others we start to add charges. Add if they are found with weapons as this for anyone not a citizen alone is enough to get you a necktie party care of the Empire if the weapons is ruled illegal even to the citizens.. Those with weapons legal to citizens with special permits may not be charged.. any with them and no special permit shall be charged with Weapons Holding.. and either fined or and expelled from Empire loosing the weapon in either event as they nor a citizen may export any weapons from the nation without a special permit.. or bring one in...

To go into detail of our policies on hunting and exterminating terrorists would compromise our National Security but believe this you don't want to come here if you are one... We have good strong ropes waiting for you and trees already proven for you to swing from..

Or at least a virtual version of the highly illegal guantamino bay...

The General Forum is that-a-way (http://forums.jolt.co.uk/forumdisplay.php?f=1227).