I rise today to propose a simple addition to the current international laws regarding fair trials. The current resolution on the matter, GA #37 Fairness in Criminal Trials has been on the books since four days before Daynor was founded. The resolution says this about the rights the accused has as to who he can choose to represent him or her:
I agree with all of these requirements, but believe there is a whole other level that needs to be assured to those accused. The accused should not just be entitled to representation that understands the area of law in the nation the alleged crime occurred; the accused also deserves to be able to update their home nation (and possibly the accused's family as there would be nothing to require the host nation release any information of how the trial is going) and get advice from legal experts at the consulate. The same rights should be extended to those already convicted.INSISTS that the accused be permitted expert representation by a professional versed in the area of law concerned;
INSISTS that the accused and their representative be permitted to confer in private as regards the facts and presentation of the case, and that no part of such a conference may be revealed to any third party without the explicit permission of the accused;
FURTHER INSISTS that governmental or charitable mechanisms be set up to provide such representation to those accused otherwise unable to afford it;
REQUIRES that the accused be capable of understanding proceedings, through the provision by the court of translators and carers as necessary;
Consular Rights
A resolution to improve worldwide human and civil rights.
Category: Human Rights | Strength: Mild | Proposed by: Daynor
The General Assembly,
Recognizing the existence of diplomatic missions like consulates and embassies which serve as a representation from one nation
to another,
Understanding in many nations the laws may be confusing to understand for a common citizen from another culture and that a representative from the diplomatic mission of one's home nation may make the law more clear,
Realizing that nations may also accuse a citizen of a crime falsely and that governments way want to hear evidence from the citizen that he or she is being falsely accused so the government may protect its citizens abroad,
Knowing that those citizens of a nation convicted of a crime in another nation may also wish to speak to a representative from their home nation's diplomatic mission to inform their government on conditions within the prison or to seek advice on appeals,
Hereby:
Defines for the purposes of this resolution:
The "home nation" as the nation the accused holds citizenship in.
The "host nation" as the nation that has accused or convicted the foreigner of a crime.
A "diplomatic mission" as an embassy, consulate, or other formal representation of the home nation.
Declares a person charged of a crime while in a member nation as a non-citizen has the right to meet with a representative from their home nation's diplomatic mission within a host nation, should such a diplomatic mission exist,
Allows host nations to require these meetings to occur off of the actual grounds of the diplomatic mission, to prevent a situation where the accused refuses to leave the building the host nation is not allowed to access,
Encourages nations to staff diplomatic missions with legal experts in the host nation's laws to be able to advice their citizens accused of a crime within the host nation,
Further declares that foreigners convicted of crimes and imprisoned within member states have the right to meet with a representative of their home nation's diplomatic mission privately, within the prison, once per year, should such a diplomatic mission exist.
It is my belief this proposal provides a missing right that foreign defendants should be entitled to. I submit it for your consideration, and appreciate meaningful comments.
[OOC note: I am perusing this personally, and it does not represent The South Pacific in any way. However, please note that since I am a feeder delegate I have a lot to do elsewhere; it may take me a while to find a few hours to campaign for this if I were to submit it. But the first time that I will be able to do that, I will jump on it!
]Humbly,
Ambassador Ted Fairless of Topid
