Junitaki-cho wrote:Strongly opposed. Clause 7 of GAR#443 is vital in ensuring WA nations are unable to send their prisoners to be executed in other nations. If the current at-vote passes, this repeal would open up severe loopholes.
Articles 2-3 of MDPB (which I appreciate that you have voiced significant concerns about, although that is not the topic of this thread):
prohibits states from deporting persons to states that may seek the application of the death penalty against them. [A]n exception shall be provided for receiving states that enter into a lawful, written contract that assures the extraditing state that the persons in question shall not receive the death penalty.
Article 7 of PtEoI prohibits members from deporting any person
- who is "charged or likely to be charged with a capital offence" beyond "World Assembly judicial institutions or jurisdictions without capital punishment," OR OTHERWISE
- "to a place likely to commence judicial proceedings, which would contravene World Assembly legislation, against" them.
While "World Assembly legislation" will soon forbid capital punishment in all cases, GA#443.7 - unlike MDPB - covers all "[WA] legislation", not just that about capital punishment.
Consider GA#177.4, which requires member states to guarantee to "all victims of fraud... compensation... equal to or greater than the value of the loss" incurred from said fraud, "and that this compensation shall be derived from the fiscal and/or material assets of the perpetrator of the act of financial fraud which resulted in the loss." It would not under GA#443.7 be permissible for a member state where financial fraud is a civil offence and which harbours an immigrant perpetuator of financial fraud to deport that immigrant back to his (non-member-state) home country which
requires that compensation for victims of financial fraud be dispensed from a government fund funded by taxation and created for that purpose. This is an absurd but unintended consequence of the target resolution.
I fail to see how the second requirement of GA#443.7 is any different to the main provisions of GA#545.2 and GA#545.3 (read in conjunction), namely that retentionist states:
- may receive residents of member states who they could sentence to death in the absence of regulations, but
- are in fact subject to regulations with the effect of preventing them from sentencing these residents to death.
The difference is that these regulations are imposed upon the abolitionist/WA member state in GA#443 and the retentionist state in GA#545. The main question here is who you trust to keep the retentionist state's end of the bargain.