[PASSED]: Convict Appellate Rights [Complete] [Complete]

[Eluvatar]

Category: Human Rights
Strength: Significant
Proposed by: Ossitania

Description: The World Assembly,

CONSCIOUS of the possibility of innocents being wrongfully convicted of crimes which they did not commit,

BELIEVING that anyone wrongfully convicted of a crime should have a chance to appeal that conviction,

Hereby

DEFINES "convict" as a person who has been declared criminally responsible for one or more illegal acts,

DECLARES that all member-states shall create a legal mechanism by which convicts may appeal their conviction,

REQUIRES member-states to allow such appeals when one or more of the following is true;

• evidence has emerged that was previously unavailable which suggests the conviction was factually false,
• it can be shown that proper legal procedure was not followed in the course of the trial,
• there is reason to believe that the court decided a question of law incorrectly,
• there is compelling evidence suggesting improper bias on the part of the judge or jury,

PLACES the duty of deciding whether there are sufficiently compelling grounds for an appeal with the judiciary,

PROHIBITS the limitation or restriction of the right of convicts to appeal their convictions based on time passed since conviction,

AFFIRMS the right of member-states to grant broader appellate rights than those mandated by this resolution and to place a reasonable ceiling on the number of appeals that a convict may lodge.

For the attention of the Government of the Respublika of Zemnaya Svoboda, WA Delegate of the North Pacific

The Ossitanian delegation to the World Assembly has just submitted a proposal entitled "Convict Appellate Rights", which you may view and approve here;

page=UN_view_proposal/id=ossitania_1338406173

This proposal enshrines the basic right to appeal against a criminal conviction in international law. Unlike other recent proposals on the topic, our proposal does not micromanage - it stipulates that member states must create a legal mechanism for appeal but does not dictate the specifications of this mechanism. It also does not define the right to appeal too broadly or too narrowly; a certain basic set of principles are agreed upon, these being

1. The very minimum grounds for appeal that must be recognised.
2. The duty of the judiciary to judge whether an appeal has sufficient grounds to be heard.
3. The prohibition of time limits on when a conviction may be appealed.

These principles ensure that no one is unfairly denied their right to appeal without bearing down overmuch on national judicial systems. Additionally, member-states retain the ability to grant broader rights of appeal if they so wish and to place a reasonable ceiling on the number of appeals that a convict may lodge.

We believe our proposal has the right balance between the protection of individual rights and the practical concerns of an effective justice system, giving the fairest conclusion to the debate on appellate rights within the World Assembly. We hope that you will agree and approve our proposal so that it may be brought to the floor and voted upon by the nations of the world.

Yours sincerely,

Derek McGregor,
Ambassador General of the Diplomatic Corps of Ossitania

 

[Sanctaria]

This is now at vote btw.

I know I don't have a vote yet but I would support this.

 

[Eluvatar]

I would very very much appreciate it if people were to write up summaries for and against this bill :$

 

[Ator People]

Ator People is in favor of this bill.

 

[mcmasterdonia]

Mcmasterdonia is in favour of this bill!

 

[peoples empire]

peoples empire is in favor of this bill.

 

[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.