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by Pavonistade » Thu Jul 28, 2016 10:09 am
by FreYhill » Thu Jul 28, 2016 2:43 pm
by Geadland » Fri Jul 29, 2016 5:10 am
by Flaming Soul Forces » Sat Jul 30, 2016 2:36 am
''In most countries, when people see a same-sex couple they assume they're gay and when they see an opposite-sex couple they assume they're straight. In Codifin, when we see a same-sex couple we think that they're acting on their same-sex attraction and when we see an opposite-sex couple we think that they're acting on their opposite-sex attraction. And the reason is that everyone is assumed to be bisexual, until stating otherwise.''
by Ainin » Sat Jul 30, 2016 10:46 am
by Montecara » Sun Aug 14, 2016 12:37 pm
Optional Protocol to the Esquarian Charter of Human Rights on the Regulation and Progressive Abolition of the Death Penalty
Preamble
Whereas the death penalty presents grave and unique risks to human rights,
Whereas the Esquarian Community, through the Esquarian Charter of Human Rights, is committed to upholding and defending the human rights of its peoples,
Whereas the need for justice must be tempered with respect for human dignity,
Therefore,
The states ratifying this Protocol agree as follows:
Conditions for application
- The death penalty may be imposed only for the most serious crimes, namely those which result in grave and irreparable harm to the physical integrity of another person or persons and which are of an exceptionally aggravated character. It is specifically prohibited as a punishment for crimes which are:
- Minor or common;
- Economic, for instance embezzlement or tax evasion;
- Political, for instance espionage, treason, and lese-majeste;
- Religious, for instance apostasy and blasphemy;
- Drug-related;
- Moral, for instance prostitution and offenses related to sexual orientation.
- The death penalty may not be imposed retroactively.
- The scope of offenses punishable by the death penalty may not be expanded.
- The death penalty may not be an automatic, mandatory, or minimum sentence.
- Persons are not subject to the death penalty if they are:
- Under the age of majority at the time of the alleged capital offense or at the time of execution;
- Elderly, the definition of which shall be an age not older than seventy;
- Pregnant or have a dependent infant;
- Permanently mentally incapacitated at the time of the alleged capital offense or thereafter, or temporarily mentally incapacitated at the time of the alleged capital offense or execution.
- The death penalty may not be carried out in cases where the rights of the accused under the Esquarian Convention on Human Rights, this Protocol, or national law were found to have been violated.
- In cases where the accused is a citizen of a state different from the one conducting the trial, the accused must have access to the consular assistance of his or her state of citizenship before, during, and if convicted of the capital offense, after the trial, as well as during all appeals.
- States ratifying this Protocol may refuse extradition of an accused criminal in cases where he or she would, after extradition, be subject to the death penalty.
Methods of execution- The method of execution may not inflict gratuitous pain or indignity on the person to be executed. Specifically prohibited methods include, but are not limited to:
- Beating;
- Burning;
- Crushing;
- Cutting;
- Dismemberment;
- Drowning;
- Electrocution;
- Poisoning, whether by gas or other means;
- Stoning;
- Strangulation;
- Suffocation.
- The person to be executed may not be compelled to assist in his or her own execution.
- Executions of more than one person at a time are prohibited.
- Executions may not be public.
Right to appeal and petition- Persons sentenced to the death penalty must be allowed to appeal their sentence to a higher domestic court or to the Esquarian Court of Human Rights. They must be allowed to seek clemency, pardon, or commutation of their sentence.
- Adequate time must elapse between sentencing and the carrying out of the death penalty. The time must, at minimum, allow for the person sentenced to exhaust all appeals and petitions for clemency, pardon, or commutation.
- Officials responsible for carrying out executions must be kept informed of the status of appeals and petitions made by persons awaiting execution who are under their jurisdiction to ensure that no execution is carried out prematurely.
- Persons awaiting execution, their legal counsel, and their families must be informed in advance of the scheduled date of execution.
- Persons awaiting execution may not be held in conditions which are materially harsher than those in which other prisoners at a similar degree of security are held and may not be denied regular access to their legal counsel.
Abolition- Once abolished, the death penalty may not be reintroduced. States ratifying this Protocol which do not apply the death penalty may not introduce it.
- A state which abolishes the death penalty may not execute those who had previously been sentenced to death.
- States which have abolished the death penalty may not export instruments of execution to states which retain its use, including but not limited to drugs used in lethal injection.
Rapporteur on the Death Penalty- The position of Rapporteur on the Death Penalty is hereby created.
- The Rapporteur on the Death Penalty will be within the Esquarian Secretariat for administrative purposes. He or she will be impartial with respect to nationality in carrying out the duties of the office.
- The Rapporteur on the Death Penalty will report to the Council of Esquarium at least annually on the status and application of laws regarding torture and the death penalty within Member States and on the status and application of this Protocol.
- All Member States of the Esquarian Community are requested to inform the Rapporteur on the Death Penalty whenever they sentence a person to the death penalty or carry out an execution.
Jurisdiction, ratification, and denunciation- The Esquarian Court of Human Rights has jurisdiction to hear cases arising from the application of this Protocol.
- No state may make any derogation or reservation with respect to this Protocol.
- This Protocol will remain permanently open for ratification by any Member State of the Esquarian Community.
- States ratifying this Protocol may denounce it by notifying the Council of Esquarium to that effect. In such cases, the state will cease to be bound by this Protocol one year from such notification. Denunciation will not release a state from any obligation that it had under this Protocol when it was in effect in that state.
by Pavonistade » Fri Aug 26, 2016 9:16 am
by Ultima Borealia » Thu Sep 01, 2016 8:18 pm
by Ainin » Fri Sep 16, 2016 12:53 am
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