[Draft 2] - Coroners' Inquest and Proof of Death

[Simone]

The World Assembly (WA),

Anxious to ease the administrative burden on anyone who has lost their loved ones, especially when the death of a sapient individual (the “deceased”) occurs in WA states other than the regular residence of the deceased, or in times of war;

The WA hereby enacts as follows:

1. Definitions.
   1. "Death" means the end of a life cycle for a sapient individual. This excludes artificial intelligence lifeforms and certain specific cases such as individuals capable of reincarnations.
   2. "PASA" means the Passports, Nationality and Refugees Administration.
   3. "WAJC" means the WA Judiciary Committee.
2. Handling state.
   1. "Handling state" is the state where the individual died.
   2. The handling state administers the duties in in clauses (3) to (7). For this resolution, except for clause (9), the handling state is a WA state.
   3. If the individual died away on an aircraft or maritime vessel traveling under the flag of a WA state, the flag state is the handling state.
   4. For deaths at WA Headquarters, PASA is handling the duties in clauses (3) to (7) on behalf of the WA.
3. Proof of death.
   1. The handling state is required to issue documentary proof in physical and/or electronic form (“proof of death”) of the death of the deceased, subject to due process.
   2. The cause of death shall be verified according to local laws, subject to potential revisions under clause (4).
   3. The handling state shall determine the burden of proof required to determine a cause of death, such as a medical examination, or if a full inquest is required.
   4. Such proof shall contain pertinent information required by PASA as well as any other information required by the handling state.
   5. Such proof issued by a handling state shall be final and determinative for all domestic matters, such as probates, in all WA states and for all WA organs.
4. Coroner’s inquest.
   1. A handling state may decide to hold an inquest into the circumstances of the death of the deceased at its discretion.
   2. Stakeholders from other WA states, such as diplomats and family members, have a right to attend inquests unless barred by extant WA resolutions, such as due to national security.
   3. The inquest shall be paid for by the handling state.
5. Imminent perils.
   1. The handling state (or PASA) shall accelerate the process of granting a ruling of death, if the handling state determines that certain individuals are extremely likely to have perished from imminent perils of a catastrophic nature, and where the recovery of the dead body (or body parts) is deemed unlikely.
   2. Such acceleration shall remain subject to due process of law.
6. Fees.
   1. A proof of death (or a subsequent revision) is issued free of charge to anyone who requests it.
   2. A reasonable number of "certified true copies" of a proof of death shall be issued for free if they are needed for various purposes, such as for probate for certain WA states. The certified true copies have equal validity with the original.
7. Handling of the dead body.
   1. The dead body shall be treated with dignity and respect by the handling state (or PASA), including during inquests and repatriation (if any), and in accordance with the last wishes of the deceased, if known.
   2. If the deceased is a citizen or national of another WA state (or states), the other WA state may request repatriation in accordance with the wishes of the deceased, subject to a full indemnity of costs. The other WA state may also carry out a separate inquest if it desires.
8. Delegation to PASA.
   1. A WA state may request PASA to act as its authority on its behalf.
   2. PASA will only accept such a request if it determines that a WA state lacks a functioning government, or lacks the resources necessary to conduct the activities described herein.
9. War deaths.
10. PASA may also step in of its own accord to handle identification requests, coroners' inquests, issue proofs of death, search for, collect, and evacuate (or repatriate) the dead to the WA state from which they originate, at the request of either the handling state (if a WA state) or any other WA state that is a party to in the war from which the individual originates (due to citizenship, nationality, or otherwise).
11. PASA may employ all necessary means to achieve the requirements of sub-clause (9)(a). PASA shall provide such services to any WA state that so requests free of charge.

[*]Jurisdiction. In case of disputes between WA states (or between WA states and PASA) over this resolution, such as the location of death, the WAJC shall have jurisdiction.[/list]