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[PASSED] Repeal "For the Detained and Convicted"

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Mousebumples
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Postby Mousebumples » Sun Jan 15, 2012 3:37 pm

Sanctaria wrote:The good Ambassador has our support in his endeavour.

Your support is, as always, greatly appreciated.
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Snefaldia
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Ex-Nation

Postby Snefaldia » Sun Jan 15, 2012 5:08 pm

My Lord High Chancellor's government supports this repeal, and will gladly vote for it should it come to quorum. Well done.

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Glenn
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Ex-Nation

Postby Glenn » Sun Jan 15, 2012 10:06 pm

Mousebumples wrote:
NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;”


That's just amazingly bad wording. I support the repeal.
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Mousebumples
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Postby Mousebumples » Mon Jan 16, 2012 6:20 am

Snefaldia wrote:My Lord High Chancellor's government supports this repeal, and will gladly vote for it should it come to quorum. Well done.

Many thanks for your support!

Glenn wrote:
Mousebumples wrote:NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;”

That's just amazingly bad wording. I support the repeal.

Yes. Yes, it is.

Thanks for your support!
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Libraria and Ausitoria
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Ex-Nation

Postby Libraria and Ausitoria » Mon Jan 16, 2012 7:04 am

We also support the repeal, although we wouldn't support it if it was set to ABBA music.
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
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Mallorea and Riva
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Postby Mallorea and Riva » Fri Mar 09, 2012 9:52 pm

REGRETS that WA member states are not required to protect convicts from outside threads as Clause 2d only provides protection for the convicted “from inside threats”;

Not the outside threads! :p
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Libraria and Ausitoria
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Ex-Nation

Postby Libraria and Ausitoria » Fri Mar 09, 2012 11:53 pm

Are you grave-digging?

By the way, what became of this proposal?
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
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Mousebumples
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Postby Mousebumples » Sat Mar 10, 2012 6:25 am

Libraria and Ausitoria wrote:Are you grave-digging?

By the way, what became of this proposal?

OOC: No, he's not grave-digging. I mentioned to him last night that I need to get this baby going again. (Of course, by that point, I'd had a few glasses of wine and wasn't in the best .... editing frame of mine.) In exchange for helping with his repeal text, Mall's going to rake this proposal text over the grammatical coals! ;)

IC: In light of the recently passed repeal of Habeas Corpus, I shall need to adjust the wording of the repeal text to account for that. Further edits (such as the one outlined by Zakath above) will certainly be forthcoming as well. Should anyone have any thoughts or suggestions to voice, please do so.

Yours,
Nikolas Eberhart
Ambassador from the Doctoral Monkey Feet of Mousebumples
WA Delegate for Monkey Island
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Mousebumples
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Postby Mousebumples » Sat Mar 24, 2012 8:22 pm

Updated repeal text:

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the current resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS that clauses within this resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution makes no attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, any accusation, no matter how spurious, may follow an individual throughout the rest of their life, even if they are never convicted of the crime in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration. Such a lack of clarity may be exploited by nations wishing to evade compliance with this clause's intent;

REGRETS that WA member states are not required to protect convicts from outside threats as Clause 2d only provides protection for the convicted “from inside threats”, which fails to protect the convicted from the following:
  • Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
  • Civil unrest that may threaten the lives and well-being of convicts;
BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the temporary loss or reduction of exercise time, which is not allowed under the terms of this resolution;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”

I would love to include more examples of outside threats that convicts are not protected from in the present resolution's text, if any of Your Excellencies have additional suggestions on that matter.

And, certainly, if there are other concerns or comments, I welcome them at this time. I was originally planning to wait for the Double Jeopardy/Habeas Corpus kerfluffle to settle down, but as the Habeas Corpus matter is likely to be ongoing for some additional time, it seemed prudent to submit this repeal. Hopefully, we can successfully repeal this resolution and then work on compiling a coherent set of WA laws on the subjects of Habeas Corpus and Double Jeopardy, as well on the subject of rights for the accused and the convicted.

Yours,
Nikolas Eberhart
Ambassador from the Doctoral Monkey Feet of Mousebumples
WA Delegate for Monkey Island


OOC: The OP hasn't been updated as of this edit, but I will be editing in the new draft, with markup, shortly.

EDIT: The OP has now been edited to include the relevant markup notes, for those that are wondering what has been changed and don't care to do a manual comparison.
Last edited by Mousebumples on Sat Mar 24, 2012 8:36 pm, edited 1 time in total.
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Libraria and Ausitoria
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Ex-Nation

Postby Libraria and Ausitoria » Sun Mar 25, 2012 2:25 am

We continue to support this proposal, including the crosses and crimson colouring.

May we enquire when we might expect to see it submitted?
Last edited by Libraria and Ausitoria on Sun Mar 25, 2012 2:26 am, edited 1 time in total.
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
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Mousebumples
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Postby Mousebumples » Sun Mar 25, 2012 6:32 am

Libraria and Ausitoria wrote:We continue to support this proposal, including the crosses and crimson colouring.

May we enquire when we might expect to see it submitted?

Presuming I can harass a few specific ambassadors into taking a last look-through, likely sometime this week. (OOC: Looking at my work schedule, Wednesday evening or Thursday morning would likely be best to allow for a campaign. I mean, today/tonight would work too, but that seems to be a bit short-notice in my mind. While I certainly could do a test run, I'd rather just do one run at submission and go from there.)

Of course, if there are any serious concerns or reservations, I'd strongly urge Your Excellencies to voice them now so that any issues can be ironed out prior to submission.

Yours,
Nikolas Eberhart
Ambassador from the Doctoral Monkey Feet of Mousebumples
WA Delegate for Monkey Island
Leader of the Mouse-a-rific Mousetastic Moderator Mousedom of Mousebumples
Past WA Delegate for Europeia & Monkey Island
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Scion Lop On
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Ex-Nation

Postby Scion Lop On » Sun Mar 25, 2012 7:06 am

While I support the resolution in the strongest of terms, I do have one small caveat.

MOURNS that clauses within thise resolution’s text allow for the abuse of these rights under the guise of upholding them;


Instead of "mourns", I'd use something like "regrets," or "concerned." I'm not sure what it is about the word "mourn," but I don't think it incites the type of feeling you're looking for - it sort of implies extreme sadness. Although whether or not you decide to change the wording is your decision - I'll support it either way.
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Mousebumples
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Postby Mousebumples » Sun Mar 25, 2012 7:13 am

Scion Lop On wrote:While I support the resolution in the strongest of terms, I do have one small caveat.

MOURNS that clauses within thise resolution’s text allow for the abuse of these rights under the guise of upholding them;


Instead of "mourns", I'd use something like "regrets," or "concerned." I'm not sure what it is about the word "mourn," but I don't think it incites the type of feeling you're looking for - it sort of implies extreme sadness. Although whether or not you decide to change the wording is your decision - I'll support it either way.

I'm already using Regrets in the repeal text and Concerned isn't parallel. (It's a thing, for me, to not repeal verbiage and to have them be parallel.)

What if I make the following changes:
REGRETS that clauses within this resolution’s text allow for the abuse of these rights under the guise of upholding them;
...
DETAILS that WA member states are not required to protect convicts from outside threats as Clause 2d only provides protection for the convicted “from inside threats”, which fails to protect the convicted from the following:
  • Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
  • Civil unrest that may threaten the lives and well-being of convicts;

The present "Regrets" clause has more ... alternative verbs that would be appropriate. I think that Documents, Specifies, Highlights, Recognizes, etc., would also be appropriate for the clause's meaning if you (or others) have a particular preference on the subject. (And this whole conversation is really making me think that I should put together a proposal/repeal verb bank at some point ... Perhaps a la Magnetic Poetry ;))

Thank you for your consideration of the subject at hand and for the useful suggestion you made.

Nikolas Eberhart
Ambassador from the Doctoral Monkey Feet of Mousebumples
WA Delegate for Monkey Island
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Gatchina Ministry of Foreign Affairs
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Ex-Nation

Postby Gatchina Ministry of Foreign Affairs » Sun Mar 25, 2012 1:00 pm

His Majesty is pleased by this repeal! We are pleased to extend our support, and the support of all of the people of Gatchina! Keep up the good work!


-Col. George Hentzau
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The Supreme & Exalted Empire of Gatchina
The Holy Moosean Empire
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Mousebumples
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Postby Mousebumples » Sun Mar 25, 2012 2:44 pm

As per some discussions in this thread and elsewhere, I've updated the repeal text again. Markup notes are in the OP.

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the current resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

REGRETS that clauses within this resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution does not make any attempt to ensure that innocence is presumed of all accused until proven otherwise. As such, any accusation, no matter how spurious, may follow individuals throughout the rest of their lives, even if they are never convicted of the crimes in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration. Such a lack of clarity may be exploited by nations wishing to evade compliance with this clause's intent;

HIGHLIGHTS an additional shortcoming of the resolution's text, in that WA member states are not required to protect convicts from outside threats as Clause 2d only ensures protection for the convicted “from inside threats”, which fails to protect the convicted from the following:
  • Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
  • Civil unrest that threatens the lives and well-being of convicts;
BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the temporary loss or reduction of exercise time, which is not permitted under the terms of this flawed resolution;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”


Yours, awaiting constructive criticism ... and lavish praise as well, of course!
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Ainocra
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Postby Ainocra » Mon Mar 26, 2012 4:57 am

The doors to the assembly chamber fly open rebounding off the wall on either side with a resounding crash.
Little bits of white dust are shaken loose from the ceiling to drift lazily down onto the plush carpet. Cigar smoke wafts up to meet them from the figure in the doorway. Marshal of the Ainocran fleet, Alcon Enta glares balefully around the room with his one good eye. Reaching up he removes the cigar from between his teeth and growls something about festering snakepit under his breath before stumping down the aisle to his old seat. Seeing Eduard passed out in the chair draws a slight curving of the lips, it could not truly be called a smile but it is something. Unceremoniously he dumps Eduard out of the chair and takes his seat.

"The Star Empire of Ainocra supports this repeal."
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Mousebumples
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Postby Mousebumples » Wed Mar 28, 2012 9:02 pm

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Moronist Decisions
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Postby Moronist Decisions » Sat Mar 31, 2012 4:04 pm

Ambassador Eberhart,

The Council of Morons has requested me to send you a congratulatory message regarding this resolution reaching quorum, and look forward to voting for this in 16 hours' time.

Mr. Joe Smyslow
Deputy Chief Representative
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Director of International Mayhem
Note: Unless specifically specified, my comments shall be taken as those purely of Moronist Decisions and do not represent the views of the Republic/Region of Europeia.

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Mousebumples
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Postby Mousebumples » Sat Mar 31, 2012 5:21 pm

Moronist Decisions wrote:Ambassador Eberhart,

The Council of Morons has requested me to send you a congratulatory message regarding this resolution reaching quorum, and look forward to voting for this in 16 hours' time.

Mr. Joe Smyslow
Deputy Chief Representative
Charges d'Affaires ad Interim
Director of International Mayhem

Thank you, Mr. Smyslow. I'd like to take this opportunity to let a very skilled amphibian from the Doctoral Monkey Feet of Mousebumples to lead the assembled ambassadors in a celebratory dance.

Image

And, on that note, drinks on me in the Stranger's Bar! (Just tell Neville to put it on my tab if I'm not there ... )
Last edited by Mousebumples on Sat Apr 14, 2012 6:42 pm, edited 1 time in total.
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Retired WerePenguins
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Postby Retired WerePenguins » Sat Mar 31, 2012 8:16 pm

Mousebumples wrote:(Of course, by that point, I'd had a few glasses of wine and wasn't in the best .... editing frame of mine.)

  1. Only a few?
  2. I thought wine made editing fine!
Then again I leave most of my editing to Mr. Gates.
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R539
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Ex-Nation

Postby R539 » Sun Apr 01, 2012 9:42 am

Mousebumples,

Your repeal of my resolution has my full support as I would have done so long ago, but never had sufficient time to. My plan was to repeal it and rewrite it to remove any flaws.

I hope you will replace this legislation after repeal. I would be happy to help if needed.

-R539
Fmr. Consul of Corrosia
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Charlotte Ryberg
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Postby Charlotte Ryberg » Sun Apr 01, 2012 9:56 am

We trust that you can come up with a corrected replacement, if you can. Thanks!

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Merfurian
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Founded: Jan 25, 2012
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Postby Merfurian » Sun Apr 01, 2012 10:26 am

Ladies and Gentlemen, if you haven't already noticed, we are AT VOTE!

I hope this and the replacement both pass.

Klause Uliyan
Issued from the Desk of the Very Honourable and Most Loyal Doctor Jonas K. Lazareedes LLD PC FJSCU FPC, FPAC(CI)ACCA Presidential Counsel
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Aleksotopia
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Ex-Nation

Postby Aleksotopia » Sun Apr 01, 2012 10:27 am

Well while I agree that certain changes and alterations MUST be made as to make sure such legislation is not TOO broad, I do NOT believe that a repeal is necessary. This piece of legislation is extremely important in protecting the rights of fellow human beings, criminal or not. Just an idea here, but, is it possible to make a vote exclusive only to Delegates and Vice Delegates? I mean, could the World Assembly take this piece off for 24 hours, and the Delegates and Vice Delegates exclusively debate on it and rewrite it, and by the end of the 24 hours, the Legislation will represent ALL of the regions' interests? Just a thought :) Peace and Love

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Merfurian
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Founded: Jan 25, 2012
Iron Fist Consumerists

Postby Merfurian » Sun Apr 01, 2012 10:32 am

Aleksotopia wrote:Well while I agree that certain changes and alterations MUST be made as to make sure such legislation is not TOO broad, I do NOT believe that a repeal is necessary. This piece of legislation is extremely important in protecting the rights of fellow human beings, criminal or not. Just an idea here, but, is it possible to make a vote exclusive only to Delegates and Vice Delegates? I mean, could the World Assembly take this piece off for 24 hours, and the Delegates and Vice Delegates exclusively debate on it and rewrite it, and by the end of the 24 hours, the Legislation will represent ALL of the regions' interests? Just a thought :) Peace and Love


Amendments are illegal. Therefore, to make your "certain changes", the original has to be repealed and then replaced with something better. I think you'll find the replacement is named "treatment of inmates", authored by my Learned Friend from Moronist Decisions. If you want to suggest "certain changes", go to that debate and suggest them there.

Also, the rest of your ideas aren't viable either. If a resolution's at vote, it's at vote to the entire population of the WA. Further, we don't have a system of "vice-delegates" which is officially recognised in the mechanics of this Assembly (OOC: although some people do roleplay delegates and vice-delegates in regions and region forums, it's not a recognised system in the WA for game-mechanics purposes).

Klause Uliyan
etc
Last edited by Merfurian on Sun Apr 01, 2012 10:36 am, edited 1 time in total.
Issued from the Desk of the Very Honourable and Most Loyal Doctor Jonas K. Lazareedes LLD PC FJSCU FPC, FPAC(CI)ACCA Presidential Counsel
Former Justice of the Supreme Court of the Union, Former President of Appeals Chamber I of an Autonomous Court of Appeal, Most Loyal Counsellor and Advisor to the President of the Federal Republic (Member of the Federal Privy Council) Ambassador to the World Assembly
NOTE: I am gay, and I have asperger syndrome. My social skills are rubbish.

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