AT VOTE: Habeas Corpus Act [Complete] [Complete]

[Eluvatar]

Habeas Corpus Act
A resolution to improve worldwide human and civil rights.


Category: Human Rights

Strength: Strong

Proposed by: Quelesh

Description: The World Assembly,

ALARMED by the practice of arbitrary or indefinite detention of individuals;

DISTURBED by the continued detention of individuals after being cleared of wrongdoing or after serving their criminal sentences;

RESOLVED to prevent such practices and to grant relief to individuals being unjustly detained;

hereby MANDATES the following, subject to any limitations existing in prior international law:

1. Member states shall not detain any individual, without suspecting that individual of a criminal offense, for more than two hours in any seven-day period. Member states may extend by a maximum of four additional hours the aforementioned two hour time limit if and only if doing so is necessary to protect the public safety or the safety of the individual being detained;

2. Member states shall not detain any individual, solely on the suspicion that the individual has committed a criminal offense, for more than 36 hours without formally charging the individual with the offense. Periods of time in which the authorities responsible for formally charging the individual with a crime are not available to do so may be added to the aforementioned 36 hour time limit, to a maximum of 96 additional hours;

3. Multiple separate detentions on suspicion of the same alleged criminal act shall cumulatively count towards the time limit in clause 2;

4. Member states shall not detain any individual who has been formally charged with a crime, but who has not been convicted of that crime, for any longer than is necessary to provide that individual with a speedy trial in accordance with international law. If the charge is dismissed prior to the conclusion of the trial, member states shall no longer detain the individual on that charge, unless the charge is lawfully refiled;

5. Member states shall not detain any individual for a particular criminal offense after that individual has been acquitted of that offense unless, in accordance with international law, (1) the individual's acquittal has been lawfully vacated and (2) the detention is for the purpose of a lawful retrial on the same charge;

6. Member states shall not detain any individual for a particular criminal offense in excess of the individual's lawful criminal sentence for that offense after that individual has been convicted of that offense;

7. Member states must allow all detained individuals to formally challenge the legality of their detention before an impartial adjudicator; should the adjudicator deem the individual's detention to be in violation of either the member state's domestic law or international law, the member state must immediately cure the illegality, including releasing the individual if necessary;

and CLARIFIES that nothing in this resolution affects or restricts any of the following activities or the ability of this Assembly to legislate on any of the following topics:

8. Administrative detention of suspected illegal immigrants for the minimum length of time necessary to determine whether they are or are not illegal immigrants and, if they are determined to be illegal immigrants, to ascertain their nation or origin and to deport them;

9. Voluntary protective custody, with the fully informed, uncoerced consent of the individual in custody;

10. Involuntary psychiatric commitment of mentally ill patients;

11. The detention of prisoners of war;

12. Necessary medical quarantines; and

13. Double jeopardy.

 

[Eluvatar]

Mandates.... double jeopardy??

 

[mcmasterdonia]

What?

subject to any limitations existing in prior international law

Wasn't double jeopardy recently made illegal? In which case, the previous limitations will override that part of the act?

 

[Ator People]

It's a poorly formated resolution. The double jeopardy item comes after the "CLARIFIES that nothing in this resolution affects or restricts any of the following activities or the ability of this Assembly to legislate on any of the following topics:" clause. But the numbering is not reset.

On these grounds alone (poor formatting) I would oppose this resolution.

Of course, [me]would also disapprove of this resolution since the Sovereign Kingdom of Ator People, under the rule of His Majesty King John IV, has no such Habeas Corpus provision - we run the judiciary how His Majesty would please, and that's that.

 

[Grosseschnauzer]

Ator, lately, almost every passed resolution comes up for repeal soon after, and at this point, I'm not even sure what is or isn't currently in effect.

 

[peoples empire]

If this Resolution does pass, it will probably be repealed by next week. its getting ridiculous in the WA last month there was a repeal resolution in Queue before the resolution it was supposed to repeal even past.

 

[mcmasterdonia]

I agree. I'm getting sick of the constant repeal process that has been going on in recent weeks.

 

[Eluvatar]

Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.

 

[r3naissanc3r]

Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.