Rendition Legislation - Good or bad idea?

[Imura]

I'm wanting to get people's opinion on legislation to establish Rendition (i.e. Extradition) guidelines.

Would such legislation be useful?

Would it help to strengthen a nations sovereignty?

Is there already legislation in place that would cover extradition rules?

[Erythrina]

GENERAL ASSEMBLY RESOLUTION # 9

Prevention of Torture
A resolution to improve worldwide human and civil rights.


Category: Human Rights

Strength: Strong

Proposed by: Quintessence of Dust

Description: The World Assembly,

Recognising the universal right to freedom from cruel, inhuman or degrading treatment,

Deeming torture to constitute such treatment,

Consequently moving quickly to enact strong prohibitions on torture within international law,

Declares:

1. ‘Torture’ is defined as an act of intentionally inflicting pain, severe discomfort or suffering on a person for the purposes of intimidation, coercion, personal punishment or interrogation, or to extract information, confession or concession to demands from them or any other person, where committed with the approval or assistance of a government official or person acting in such capacity.

2. Such acts include, but are not limited to:
-Physical, sexual, or psychological abuse,
-Forced maintenance of physically uncomfortable positions, such as stress positions or forced standing,
-Sensory deprivation, such as prolonged confinement to dark quarters and or use of a hood during interrogation,
-Subjection to intrusive noise, such as noise that is continuous or excessively loud,
-Sleep deprivation,
-Deprivation of adequate food and drink,
-Denial of necessary medical care,
-Denial of right to religious observance,
-Attempts to reduce physical or mental capacity, even where not causing pain or severe discomfort or suffering.

3. Torture is designated a crime against humanity, and its commission, including assistance in such commission or threats thereof, is to be designated a heinous crime under national and international law.

4. No member nation may enact or provide assistance towards the extradition, rendition, deportation, exile or other refoulement of a person to a jurisdiction where there is probable cause to believe they would be subjected to torture.

5. Member nations shall prohibit torture and attempts to commit torture, and shall treat such acts as criminal offences, including legal penalties reflecting the severity of such crimes.

6. Member nations shall take effective action to prevent acts of torture within their jurisdiction.

7. Member nations may not invoke extraordinary circumstances, such as armed conflict, state of emergency or civil unrest, to justify acts of torture.

8. An order to commit torture is a manifestly illegal order, and must be refused; such orders may be disobeyed without fear of legal penalty. Coercion may be considered as a mitigating circumstance in the prosecution of acts of torture committed by subordinates following orders.

9. The training of military and law enforcement personnel, those responsible for those held in detention, and any other persons having responsibility for persons facing interrogation, criminal investigation or detention shall include instruction on the obligation not to perform torture.

10. Any person making an accusation of torture within any member nation’s jurisdiction has the right to impartial investigation thereof.

11. If there is an accusation or probable cause exists to believe that an act of torture has been committed, the competent authorities will proceed properly and immediately to conduct an investigation into the case, and to initiate the corresponding criminal process.

12. Victims of torture have the right to suitable compensation, including the coverage of all medical expenses incurred as a result of torture.

13. Evidence obtained by torture shall be inadmissible in legal proceedings, except as evidence against persons accused of having obtained it by torture.

Votes For: 6,502
Votes Against: 4,000

Implemented: Thu May 22 2008

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[Quelesh]

GAR9 prohibits extradition to nations that may torture, but other extradition rules could be enacted. I don't think there's a pressing need for it, though.

[Infourtlet]

I did a study about this in my college, the theme is on international and brazilian extradition laws when there are prosecutions of terrorism abroad. There was a recent case here, called "Cesare Battisti", he managed the shelter as "political criminal", only shortly after the Italian government filed suit, saying he was a "terrorist".

It was a conflict of laws, the first have political protection and the second have repulsed by Constitution. The government opt to political decision to protected him, because President Lula is on the left-wing (Workers Party) and Battisti seems to be also in Italy, he continues as political refugee.

The comment is just to reinforce: yes there is a real need of that.