PASSED: For the Detained and Convicted

[R539]

I need 6 approvals and only have like 3 hours to get them. Here is a copy. If there is anyone who has not approved it who sees this, please look it over.

For the Detained and Convicted

A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Significant
Proposed by: R539

Description:The World Assembly,

Recognizing that detainees and convicts can be subject to mistreatment;

Acknowledging that individuals rescinded their civil rights when detained and convicted;

Understanding that though the individual is convicted, they are entitled to some rights;

Appalled that while some rights are covered by other resolutions, none have been made specifically concerning prisoners;

Hereby,

Defines:
1. “Detainees” as any person(s) held in captivity by authorities accused of a crime(s), prior to conviction.
2. “Convicts” as any person(s) accused of a crime and convicted in a court of law.

1. That the detained:
a. are considered the accused until proven guilty;
b. shall be informed as to the nature of the offense;
c. shall be entitled to protection by the state from outside and inside threats.
d. (i) if held for more than 6 hours per day (or equivalent) shall be fed an adequate meal;
(ii) shall be fed at minimum two adequate meals per day;

2. That the convicted:
a. (i) if sentenced to prison, be given accommodations of a reasonable comfort level;
(ii) shall be placed in an area of adequate security level for the offense;
b. shall be fed at minimum two adequate meals per day;
c. shall have visitation rights;
d. shall be entitled to protection from inside threats;
e. shall not be subject to cruel and unusual treatment, so as not to cause physical or mental harm;
f. (i) shall be permitted at least one hour of outside exercise daily;
(ii) shall be permitted exercise time inside as requested for any reason, weather or otherwise;
g. (i) if misbehaved, may be punished and temporarily lose rights listed as (c) and (g) for an adequate time as given by a prison board or equivalent;
(ii) shall have more time added to their sentence if misconduct is a felony or of a serious nature.

Co-Author: Meekinos

[Bergnovinaia]

You've got my vote.

[R539]

OK, thanks. I'm just trying to drum up a little more support and this is more effective than sending hundreds of TGs...

[Bergnovinaia]

Yeah I agree. However, last time I tried this I got super criticized about it (just a heads up).

[R539]

Yeah, I'm prepared for it. Already about overlaps with GA #9 and 37. However it just really re-avows those.

[Bergnovinaia]

Thanks for approving my proposal though. I am kind of too laszy to dum up support for it either by TG or this (which most people dislike). It looks though that if I get 1 proposal and hour it will reach queorum.

[Tanaara]

I still say this fails because you are trying to impose one version of a legal system upon nations that may function entirely differently.

Not all legal systems have it so that one is 'innocent until proven guilty'.

And you have never bothered to define 'cruel aned unusual'. In my eyes that leaves your proposal open to horrific abuses. Not that Tanaar recognises most peoplesx definities of cruel and unusual';. We're very hard on criminals"

[Al-Arabiyya]

al-Mamlaka al-ʻArabiyya requests of the international community to pull support from this obvious violation of a states right to punish convicts as which is suitable to their national structure. We feel this is trying to push a specific ideology upon a populations that have strict views on how those who break the law should be treated and this only takes away their rights, most of which punishments are social acceptable within that nation. R539 is attempting to force it's agenda on other nations and control the way they treat people who, by standards of al-Mamlaka al-ʻArabiyya should be fut to death for such crimes would now force the government to pamper, coddle and love these examples of scum.

Though al-Mamlaka al-ʻArabiyya is not a member of the World Assembly, we worry about this effect upon the population a whole. Even more so we fear that this will lead to prisoners not receiving the proper punishment as deserved by the law of said nations. Hudud clearly states the treatment of prisoners in every aspect as required by Islamic law, this clearly violates our rights as an independent Kingdom established on Holy Law. Though we are not bound by this, we worry for other nations that are, who follow inline with the teachings of the Holy Qur'an.

[R539]

Well as it seems to me, GA#37 covers the innocent until proven guilty part, but why don't I just changed it to "accused until found guilty"

And if you are outside of the WA, then this won't affect you obviously... I think it would boil down to a WA vote for weather or not it would pass.

[R539]

Name: For the Detained and Convicted
Council: General Assembly
Category: Human Rights
Strength: significant

Recognizing that detainees and convicts can be subject to mistreatment;

Acknowledging that individuals rescinded their civil rights when detained and convicted;

Understanding that though the individual is convicted, they are entitled to some rights;

Hereby,

Defines:
1. “Detainees” as any person(s) held in captivity by authorities accused of a crime(s), prior to conviction.
2. “Convicts” as any person(s) accused of a crime and convicted in a court of law.

1. That the detained:
a. are considered the accused until proven guilty, in accordance with GA#37;
b. shall be informed as to the nature of the offense, in accordance with GA#37;
c. shall be entitled to protection by the state from outside and inside threats.
d. (i) shall not be abused as to elicit a false confession;
(ii) Defining abuse as: an action which causes either physical or mental harm;
e. (i) if held for more than 6 hours per day (or equivalent) shall be fed an adequate meal;
(ii) shall be fed at minimum two adequate meals per day;

2. That the convicted:
a. (i) if sentenced to prison, be given accommodations of a reasonable comfort level;
(ii) shall be placed in an area of adequate security level for the offense;
b. shall be fed at minimum two adequate meals per day;
c. shall have visitation rights;
d. shall be entitled to protection from inside threats;
e. (i) shall be entitled to medical attention in case of injury, self-inflicted or otherwise;
(ii) can be subject for psychiatric treatment and analysis;
f. (i) shall not be subject to cruel and unusual treatment, so as not to cause physical or mental harm;
(ii) shall be free from torture in any circumstance, in accordance with GA#9;
g. (i) shall be permitted at least one hour of outside exercise daily;
(ii) shall be permitted exercise time inside as requested for any reason, weather or otherwise;
h. (i) if misbehaved, may be punished and temporarily lose rights listed as (c) and (g) for an adequate time as given by a prison board or equivalent;
(ii) shall have more time added to their sentence if misconduct is a felony or of a serious nature.

Co-Author: Meekinos

[Charlotte Ryberg]

It appears that GA#37 covers much of what is written here, so regrettably I was unable to support it in its current form, honoured ambassador.

[R539]

Well then what should be added/taken out? Is it wrong to reaffirm rights given by another resolution if it pertains to the subject at hand?

[New Rockport]

Well as it seems to me, GA#37 covers the innocent until proven guilty part...

Actually, It appears that it doesn't. That's something that should be addressed.

Well then what should be added/taken out?

1d(i) is covered by Resolution 37:

REQUIRES that the accused may not be forced to self-incrimination, and that this constitutes sufficient reason for them to refuse to answer a question put to them during the trial;

1d(ii) is covered by Resolution 9:

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.

1e(i), 1e(ii), and 2 b arguably are covered by Resolution 9:

2. Such acts include, but are not limited to:
...
-Deprivation of adequate food and drink

2e(i) is covered by Resolution 9:

2. Such acts include, but are not limited to:
...
-Denial of necessary medical care

2f(ii) is covered by Resolution 9:

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.

For your reference, Resolution 9 is available here. Resolution 37 is available here.

Respectfully submitted,
David Corrigan, Esq.
Deputy Counsel to the Ambassador
Federal Republic of New Rockport

[Bythinia-Byzantium]

In my country, if you break the law, I cast you into prison after a very short trial, but if you try to seize my throne, well, then I have no choice but to put you to the sword. Then again, my subjects are peaceful and loyal subjects. It's my standing army of Syrian mercenaries I have to worry about.

[R539]

Well then how's this?
-----------------------------------

Name: For the Detained and Convicted
Council: General Assembly
Category: Human Rights
Strength: significant

Recognizing that detainees and convicts can be subject to mistreatment;

Acknowledging that individuals rescinded their civil rights when detained and convicted;

Understanding that though the individual is convicted, they are entitled to some rights;

Appalled that while some rights are covered by other resolutions, none have been made specifically concerning prisoners;

Hereby,

Defines:
1. “Detainees” as any person(s) held in captivity by authorities accused of a crime(s), prior to conviction.
2. “Convicts” as any person(s) accused of a crime and convicted in a court of law.

1. That the detained:
a. are considered the accused until proven guilty, in accordance with GA#37;
b. shall be informed as to the nature of the offense, in accordance with GA#37;
c. shall be entitled to protection by the state from outside and inside threats.
d. (i) if held for more than 6 hours per day (or equivalent) shall be fed an adequate meal;
(ii) shall be fed at minimum two adequate meals per day;

2. That the convicted:
a. (i) if sentenced to prison, be given accommodations of a reasonable comfort level;
(ii) shall be placed in an area of adequate security level for the offense;
b. shall be fed at minimum two adequate meals per day;
c. shall have visitation rights;
d. shall be entitled to protection from inside threats;
e. shall not be subject to cruel and unusual treatment, so as not to cause physical or mental harm;
f. (i) shall be permitted at least one hour of outside exercise daily;
(ii) shall be permitted exercise time inside as requested for any reason, weather or otherwise;
g. (i) if misbehaved, may be punished and temporarily lose rights listed as (c) and (g) for an adequate time as given by a prison board or equivalent;
(ii) shall have more time added to their sentence if misconduct is a felony or of a serious nature.

Co-Author: Meekinos

[Meekinos]

1. That the detained:
a. are considered the accused until proven guilty, in accordance with GA#37;
b. shall be informed as to the nature of the offense, in accordance with GA#37;

Illegal. House of Cards Violation. You can't rely explicitly on another resolution to support yours.

[R539]

Ok, it's gone, how about now?

[Meekinos]

Ok, it's gone, how about now?

The edit doesn't seem to have gone through.

[New Rockport]

I liked "innocent until proven guilty" better in Section 1a.

[R539]

Ok, it's gone, how about now?

The edit doesn't seem to have gone through.

I did it on my copy on word.

And Tanaara didn't like it because "Not all legal systems have it so that one is 'innocent until proven guilty'." so I changed it to accused.

[Meekinos]

Ok, it's gone, how about now?

The edit doesn't seem to have gone through.

I did it on my copy on word.

And Tanaara didn't like it because "Not all legal systems have it so that one is 'innocent until proven guilty'." so I changed it to accused.

OOC: Silly R-chan, I meant here on the forum. I don't see any indication that an edit was made. Ever notice the "Edit" line beneath a post? Yea, the ones that say, this post has been edited "X" number of times? You should repost the complete edit in the OP that way it's easier for the nice folks here to find it.

[Flibbleites]

You should repost the complete edit in the OP that way it's easier for the nice folks here to find it.

And if you don't I can assure you that you will get people complaining about things that you've already changed but they don't realize it due to their reading an outdated draft.

Bob Flibble
WA Representative

[Progressive Union]

Though al-Mamlaka al-ʻArabiyya is not a member of the World Assembly, we worry about this effect upon the population a whole.

TO: The Sultanate of Al-Arabiyya
FR: D. Mark Melancon; Ambassador-Delegate; Royal Federation of Nations

Violent Oppressors,

Since your nation is NOT a member nation of the World Assembly, legislature passed by the WA will have NO effect on you whatsoever.

It's easy to see why your psychotic dictatorship would be against the proposal, however; since your citizens have no civil rights and political freedoms are outlawed. Maybe that is why your nation's economy is so fragile.

D. Mark Melancon; Ambassador-Delegate; Royal Federation of Nations

[R539]

OOC: Silly R-chan, I meant here on the forum. I don't see any indication that an edit was made. Ever notice the "Edit" line beneath a post? Yea, the ones that say, this post has been edited "X" number of times? You should repost the complete edit in the OP that way it's easier for the nice folks here to find it.

Ok then... I just did.

[R539]

The proposal is in queue!