{PASSED} For the Wrongly Convicted

[The Ainocran Embassy]

In light of the new international court I feel that it is a fine time to revisit this old draft

Here is the original link for those who wish to peruse the first debate on the topic.

http://forum.nationstates.net/viewtopic.php?f=9&t=42408

and here is the current draft of the proposal.


Reparations for the Wrongly Convicted
Human Rights
Signifigant

Recognizing that as the wheels of justice turn sometimes the innocent are wrongly convicted of crimes.

Realizing that many sentences are later overturned for various reasons such as new evidence, witnesses, or new methodology but only after the accused has spent time incarcerated.

Noting that in most cases the individual suffers massive financial mental and social hardship or is rendered indigent by these circumstances and their records are tainted by these accusations for years to come.

REQUIRES that all persons who are vindicated of a crime in such a fashion have their records completely expunged of the incident by their respective governments.

MANDATES full restoration of all rights and privileges that would have normally been accorded them.

DECLARES that a minimum amount of financial restitution must be made to any victim of wrongful imprisonment and conviction by a government.

REQUIRES that any wages or social welfare lost during the time of incarceration, or, if both are not applicable, a reasonable amount arrived at by negotiation, be made in reparation to the victim of any case of wrongful conviction and imprisonment by a government.

REQUIRES that any wage or welfare restitution amount be adjusted for the normal cost of living increases for the time of incarceration.

PERMITS those wrongfully incarcerated to bring civil litigation against the government for the purpose of seeking a higher amount of restitution.

Notes that these standards are only the minimum and nations are always free to enact laws granting greater restitution should they deem it necessary or desirable.

REQUIRES that should a person perish in state custody and is exonerated post-mortem, that restitution as defined in this resolution either be:
a) Given and distributed by the Estate Trustee either with or without a will as per domestic law governing estates or
b) Given to the family who shall determine the distribution of the restitution based on local customs and/or religious traditions.

[Philimbesi]

Should the Nation in question feel that the award dictated by this formula is in excess they may appeal to the ICC for a ruling.

Isn't that essentially bringing a civil matter to a criminal court?

[Manticore Reborn]

We applauded the ambassador from Ainocran for returning to the assembly as a member, even if it is not the nation itself.
We feel that this proposal is justified but have several suggestions and offer this edited proposal

Recognizing that justice in criminal matters does not always move swiftly and can result in individuals being wrongly convicted of crimes.

Realizing that many convictions are later overturned for reasons including, but not limited to, new evidence and/or witnesses, or new methodology, after the accused has spent time incarcerated.

Noting that in many cases the individuals suffer massive financial, mental and social hardships

Requiring that all persons who are vindicated of a crime in such a fashion have their records completely expunged of the incident by the convicting governments.

Further mandates full restoration of all rights and privileges that would have normally been accorded them.

Stipulates a minimum amount of financial restitution be made to any victim of wrongful imprisonment and conviction by a government.
A) If the victim were not employed at the time of arrest, financial restitution should be granted at an equivalent rate of seventy five percent of a median wage in their country for each year plus a five percent cost of living increase per year of incarceration
B) If the victim was employed at the time of arrest, financial restitution should be granted at an equivalent rate of seventy five percent of their annual wage plus a five percent cost of living increase per year of incarceration unless such compensation would be less than that stipulated in clause A in which case financial restitution should be granted in compliance with clause A.

Declares that victims shall have the right to seek punitive compensation according to the civil legal codes of their nation.

Recommends that should a person perish in state custody and is exonerated post-mortem, that restitution either be:
a) Given and distributed by the Estate Trustee either with or without a will as per domestic law governing estates or
b) Given to the family who shall determine the distribution of the restitution based on local customs and/or religious traditions.

My government is unsure how the last clauses should be worded, but find the language vague and feel the recommendation should be a requirement.

The humble representative from the Star Kingdom of Manticore Reborn yields the floor.

[The Ainocran Embassy]

Should the Nation in question feel that the award dictated by this formula is in excess they may appeal to the ICC for a ruling.

Isn't that essentially bringing a civil matter to a criminal court?

Well considering that the cases in question were originally criminal cases I would think that the ICC would have the jurisdiction to deal with them. and this would give those who feel that an unfair reparation burden is placed on their government a method to appeal that award.

[Philimbesi]

How is the wrongful incarceration for a murder committed by one of my citizens in my nation a matter for the ICC? I think the clause about using the ICC to settle disputes over the amount of reparations is a bit out of left field.

If it were removed, and the minimum reparations were replaced with "a reasonable sum", or something that allows reasonable nations to set the reparations within their borders this would have my support.

[The Ainocran Embassy]

Here is a revised draft with many of the suggestions made incorporated into it.

Reparations for the Wrongly Convicted
Social Justice
Medium

Recognizing that as the wheels of justice turn sometimes the innocent are wrongly convicted of crimes.

Realizing that many sentences are later overturned for various reasons such as new evidence, witnesses, or new methodology but only after the accused has spent time incarcerated.

Noting that in most cases the individual suffers massive financial mental and social hardship or is rendered indigent by these circumstances and their records are tainted by these accusations for years to come.
Requiring that all persons who are vindicated of a crime in such a fashion have their records completely expunged of the incident by their respective governments.

Further mandates full restoration of all rights and privileges that would have normally been accorded them.

Stipulates that a minimum amount of financial restitution must be made to any victim of wrongful imprisonment and conviction by a government.

A) If the victim were not employed at the time of arrest, financial restitution should be granted at an equivalent rate of seventy five percent of a median wage in their country for each year plus a five percent cost of living increase per year of incarceration
B) If the victim was employed at the time of arrest, financial restitution should be granted at an equivalent rate of seventy five percent of their annual wage plus a five percent cost of living increase per year of incarceration unless such compensation would be less than that stipulated in clause A in which case financial restitution should be granted in compliance with clause A.

Notes that these standards are only the minimum and nations are always free to enact laws granting greater restitution should they deem it necessary or desirable.
Grants the nation the option to appeal the damage awarded on a case by case basis to the International Criminal Court.
Requests that said court hear such cases in a timely fashion.

Declares that nothing in this resolution shall prevent victims from having the right to seek punitive compensation according to the civil legal codes of their nation.

Recommends that should a person perish in state custody and is exonerated post-mortem, that restitution either be:
a) Given and distributed by the Estate Trustee either with or without a will as per domestic law governing estates or
b) Given to the family who shall determine the distribution of the restitution based on local customs and/or religious traditions.

[The Ainocran Embassy]

How is the wrongful incarceration for a murder committed by one of my citizens in my nation a matter for the ICC? I think the clause about using the ICC to settle disputes over the amount of reparations is a bit out of left field.

If it were removed, and the minimum reparations were replaced with "a reasonable sum", or something that allows reasonable nations to set the reparations within their borders this would have my support.

well you are concerned about the reparations being too high, but I feel there must be a minimum standard, I think this would satisfy us both. It gives the minimum standard, but also grants an appeal process where all you must do is show that it is excessive to a court.

I think it strikes a nice middle ground between us on this.

[Philimbesi]

Except that again the ICC was created to prosecute international criminals, not negotiate settlements with nations who disagree on International Law. In fact Genocide, War Crimes, and Crimes against Humanity are the only thing it's charged with prosecuting.

Certainly the amount of reparations a nation pays a person wrongfully accused of petty theft isn't a matter for an international court.

[Ainocra]

Except that again the ICC was created to prosecute international criminals, not negotiate settlements with nations who disagree on International Law. In fact Genocide, War Crimes, and Crimes against Humanity are the only thing it's charged with prosecuting.

Certainly the amount of reparations a nation pays a person wrongfully accused of petty theft isn't a matter for an international court.

Well I suppose we could set up another useless commitee of gnomes to deal with appeals then. I was just thinking since we already have an international court why not put it to work

[Philimbesi]

I agree with you that the gnomes are not the way to decide this. Relying on the decency of the majority of this body and not hamstringing them because of a few irresponsible nations that MAY (or may not) loophole the law is the better way to go, and that is why we feel minimums are a bad idea and a deal breaker for the USP.

[Sionis Prioratus]

We are worried there might be a significant overlap with Ban on Ex Post Facto Laws, Your Excellency might want to clarify the language and/or this issue for us.

GENERAL ASSEMBLY RESOLUTION # 79

Ban on Ex Post Facto Laws
A resolution to improve worldwide human and civil rights.


Category: Human Rights

Strength: Significant

Proposed by: Hiriaurtung Arororugul

Description: Believing that ex post facto laws are violations of both the rule of law and the right of persons to fair treatment by the criminal justice system;

Asserting that one should not be penalised for doing something that is not prohibited by law;

Further, asserting that there can be no crime committed, and punishment must not be meted out, without a violation of the law as it existed at the time;

The World Assembly hereby:

Defines, for the purposes of this resolution, an ex post facto law as a criminal or penal law that retroactively changes the legal consequences of acts or the legal status of facts and relationships that existed prior to the enactment of the law. This includes laws that criminalize acts which were legal when committed and laws which retroactively increase sentences for crimes already committed;

Declares that:

(I) No person may be charged with or convicted of a criminal offence because of any act or omission unless, at the time of the act or omission, it constituted a criminal offence under the law of the jurisdiction in which the charge is brought or under international law.

(II) No nation or governmental subdivision thereof shall enact any criminal or penal law with ex post facto provisions that criminalize an act or omission, or that increase sentencing or punishment. Any such ex post facto provisions in existing criminal laws shall be rendered null and void.

(III) Any persons under sentence as a result of ex post facto laws shall have their sentence for any ex post facto offences nullified and their criminal record expunged of these ex post facto offenses.

Votes For: 4,372
Votes Against: 1,188

Implemented: Tue Feb 23 2010

Yours warmly,

[The Ainocran Embassy]

I fail to see how this would overlap. This resolution is aimed at those who are falsely convicted of a crime and who later had that conviction overturned.

[Sionis Prioratus]

OOC: I'd like that the operative clauses were numbered, it makes for more efficient debate

[The Ainocran Embassy]

OOC: I'd like that the operative clauses were numbered, it makes for more efficient debate

ooc
willdo, gimme a few and ill update the draft

[The Ainocran Embassy]

alright latest version at the top. and I added the useless commiteeee

[Charlotte Ryberg]

6)
Establishes the International Restitution Committee to oversee the Reparation process.
A) Grants the nation the option to appeal the damage awarded on a case by case basis to the IRC
B) Empowers the IRC to determine if restitution amounts are indeed a reasonable sum
C) Grants the IRC broad authority to modify restitution amounts when it finds that an unreasonable sum has been granted.
D) Instructs the IRC to hear all cases in a timely manner.

I think the International Restitution Committee could be a branch of the ICC, which already exists. Such move would make management a little easier.

[Philimbesi]

I think the International Restitution Committee could be a branch of the ICC, which already exists. Such move would make management a little easier.

How can it? The ICC is set up to try specific types of crimes, it's a criminal body and restitution is not a criminal act, it's a civil act.

If we're going to be stuck with this illegal piece of crap (the ICC not the resolution) can we at least see fit not to give it increasingly more and more power over us? I'd rather not feed a monster that shouldn't have been created in the first palce.

[Grays Harbor]

Why do we need WA micromanagement of national justice systems?

[Manticore Reborn]

The Star Kingdom of Manticore Reborn is pleased to see that the Ainocran ambassador has utilized some of our suggestions for this proposal. Below is our legal department's analysis and corrections.

Reparations for the Wrongly Convicted
Social Justice
Medium

1)
Recognizing that as the wheels of justice turn sometimes the innocent are wrongly convicted of crimes.

Realizing that many sentences are later overturned for various reasons such as new evidence, witnesses, or new methodology but only after the accused has spent time incarcerated.

Noting that in most cases the individual suffers massive financial mental and social hardship or is rendered indigent by these circumstances and their records are tainted by these accusations for years to come.

Preambles are generally not numbered. Only operative clauses.

21) REQUIRES that all persons who are vindicated of a crime in such a fashion have their records completely expunged of the incident by their respective governments.

32) MANDATES full restoration of all rights and privileges that would have normally been accorded them.
43) DECLARES that a minimum amount of financial restitution must be made to any victim of wrongful imprisonment and conviction by a government.
a) If the victim were not employed at the time of arrest, financial restitution should be granted at an equivalent rate of seventy five percent of a median wage in their country for each year plus a five percent cost of living increase per year of incarceration
b) If the victim was employed at the time of arrest, financial restitution should be granted at an equivalent rate of seventy five percent of their annual wage plus a five percent cost of living increase per year of incarceration unless such compensation would be less than that stipulated in clause a in which case financial restitution should be granted in compliance with clause a.
5) Notes that these standards are only the minimum and nations are always free to enact laws granting greater restitution should they deem it necessary or desirable.

Clause 5 is stricken as it is already assumed. Nations may not make laws that undercut WA resolution. They already have the power to make laws that exceed WA standards, so it is not needed to point this out.

6)
Establishes the International Restitution Committee to oversee the Reparation process.
A) Grants the nation the option to appeal the damage awarded on a case by case basis to the IRC
B) Empowers the IRC to determine if restitution amounts are indeed a reasonable sum
C) Grants the IRC broad authority to modify restitution amounts when it finds that an unreasonable sum has been granted.
D) Instructs the IRC to hear all cases in a timely manner.

My government questions the need of a committee for this purpose. The reparations that are required are already based on their national median income.

75) Declares that nothing in this resolution shall prevent victims from having the right to seek punitive compensation according to the civil legal codes of their nation.

My government would prefer a wording of this clause more in line with our previous suggestion. As it is written right now, a nation could take this right away at the national level.

86) REQUIRES that in the event a wrongly convicted individual should perish in state custody and is exonerated post-mortem, that restitution as defined in this resolution either be:
a) Given and distributed by the Estate Trustee either with or without a will as per domestic law governing estates or
b) Given to the family who shall determine the distribution of the restitution based on local customs and/or religious traditions.

According to our legal department, this is more inline with precedent of previously submitted proposal.

The humble representative from the Star Kingdom of Manticore Reborn yields the floor.

[The Ainocran Embassy]

6)
Establishes the International Restitution Committee to oversee the Reparation process.
A) Grants the nation the option to appeal the damage awarded on a case by case basis to the IRC
B) Empowers the IRC to determine if restitution amounts are indeed a reasonable sum
C) Grants the IRC broad authority to modify restitution amounts when it finds that an unreasonable sum has been granted.
D) Instructs the IRC to hear all cases in a timely manner.

I think the International Restitution Committee could be a branch of the ICC, which already exists. Such move would make management a little easier.

I would tend to agree.

oocly it's early in the morning here i'll tinker with it a bit and try to put up a more polished version around lunchtime. The numbers were just for reference, I did not plan on including them in the actual submission

[The Ainocran Embassy]

I agree with you that the gnomes are not the way to decide this. Relying on the decency of the majority of this body and not hamstringing them because of a few irresponsible nations that MAY (or may not) loophole the law is the better way to go, and that is why we feel minimums are a bad idea and a deal breaker for the USP.

If you have a suggestion that would make us both happy on this i'll be glad to put it in.
I am really not happy with the gnome idea either but it would strike a balance between our points.

[Philimbesi]

Spit balling and totally up for negotiation / edit / debate"

REQUIRES that any wages or social welfare lost during the time of incarceration, or, if both are not applicable, a reasonable amount arrived at by negotiation, be made in any case of wrongful conviction and imprisonment by a government.

REQUIRES that any wage or welfare restitution amount be adjusted for the normal cost of living increases for the time of incarceration.

PERMITS those wrongfully incarcerated to bring civil litigation against the government seeking an higher amount of restitution.

If the person incarcerated had a job, I don't think a percentage of their salary is due to them, I think the full salary is. The government upset their lives, it's reasonable to say they lost everything, they are due what they would have earned.

If the person wasn't employed but was on a social welfare program, the same applies.

If they weren't employed or on welfare, a good case can be made that they weren't contributing to society so why should the government pay them for that. I think they should bring a civil case (to their courts) and sue the government for something, but I will say that in the USP that would be a tough case to win.

I don't think however that the WA should become involved with the negotiations, I think that's a national matter and one that shouldn't be moved up to an international stage.

Questions, Comments, Concerns?

[The Ainocran Embassy]

I like it looks to make us both happy

ok here is the polished version ready I think for presentation.

I have included the various corrections from Manticore, and replaced the old formula with the newly suggested one.

Reparations for the Wrongly Convicted
Social Justice
Medium

Recognizing that as the wheels of justice turn sometimes the innocent are wrongly convicted of crimes.

Realizing that many sentences are later overturned for various reasons such as new evidence, witnesses, or new methodology but only after the accused has spent time incarcerated.

Noting that in most cases the individual suffers massive financial mental and social hardship or is rendered indigent by these circumstances and their records are tainted by these accusations for years to come.

REQUIRES that all persons who are vindicated of a crime in such a fashion have their records completely expunged of the incident by their respective governments.

MANDATES full restoration of all rights and privileges that would have normally been accorded them.

DECLARES that a minimum amount of financial restitution must be made to any victim of wrongful imprisonment and conviction by a government.

REQUIRES that any wages or social welfare lost during the time of incarceration, or, if both are not applicable, a reasonable amount arrived at by negotiation, be made in reparation to the victim of any case of wrongful conviction and imprisonment by a government.

REQUIRES that any wage or welfare restitution amount be adjusted for the normal cost of living increases for the time of incarceration.

PERMITS those wrongfully incarcerated to bring civil litigation against the government for the purpose of seeking a higher amount of restitution.

Notes that these standards are only the minimum and nations are always free to enact laws granting greater restitution should they deem it necessary or desirable.

REQUIRES that should a person perish in state custody and is exonerated post-mortem, that restitution as defined in this resolution either be:
a) Given and distributed by the Estate Trustee either with or without a will as per domestic law governing estates or
b) Given to the family who shall determine the distribution of the restitution based on local customs and/or religious traditions.

[Philimbesi]

We can accept this, and we remove any passed objections to the resolution.

Good luck ambassador, and thank you for the productive debate.


Nigel S Youlkin
USP Ambassador to the WA.

[Manticore Reborn]

The Star Kingdom of Manticore Reborn is please with the progress the drafting process has made for this proposal. We agree with the ambassador from Philimbesi's suggestion and thank them for their significant contribution to this proposal.
My government is still of the opinion that clause stating "DECLARES that a minimum amount of financial restitution must be made to any victim of wrongful imprisonment and conviction by a government," is not needed as the following clause includes similar language. In addition, we still do not believe an explanation that this is resolution is the minimum as that is already assumed by membership in the WA.

The humble representative from the Star Kingdom of Manticore Reborn yields the floor.