I'm surprised I haven't seen more (or any, really) repeal attempts on this one. GAR67 is well-intentioned, but it really doesn't do what it sets out to do, and it has several massive flaws. I think it should be repealed and replaced by a more effective resolution.
By the way, I absolutely intend to submit a replacement once the repeal passes. Here is the draft thread for the replacement. (Edit: There are now two replacements, one with core habeas corpus protections and one on double jeopardy. Here is the double jeopardy draft.)
The Assembled Nations of the World,
CONVINCED of the right of individuals to be free from illegal or unjust detention;
APPLAUDING the intent of this body to uphold that right when it passed General Assembly Resolution #67, "Habeas Corpus;"
however, DEEPLY TROUBLED by several flaws in the aforementioned resolution that render it ineffective in several areas;
TERRIBLY VEXED that the aforementioned resolution explicitly allows double jeopardy, the practice of trying an individual more than once for the same offense;
FURTHER VEXED that the aforementioned resolution imposes minimal obstacles to the unfettered use of double jeopardy, merely requiring the approval of a person who is "duly authorised by the legal system" to grant a "full legal authorisation for a retrial," essentially allowing for indefinite retrials, continuing to detain the individual all the while, until the court hands down a verdict favorable to the state;
DISTURBED that the aforementioned resolution allows the arbitrary detention, with no suspicion of wrongdoing, of an individual for up to twenty-four hours in any week, with minimal restrictions and with nothing to prevent repeated arbitrary detention for twenty four hours during every week indefinitely as a form of harassment or extra-legal punishment;
STUNNED that the aforementioned resolution does absolutely nothing to prohibit the continued detention, possibly indefinitely, of an individual after an acquittal;
FLABBERGASTED that the aforementioned resolution does absolutely nothing to prohibit the continued detention, possibly indefinitely, of an individual after his or her criminal sentence has been completed;
NOTING WITH CONSTERNATION that the aforementioned resolution does not actually require member states to allow detained individuals to challenge their detention, much less set any standards for such challenges;
DESIROUS of a resolution that effectively grants the right of habeas corpus to every individual under World Assembly jurisdiction, but cognizant that such a resolution cannot be passed until GAR67 is repealed;
hereby REPEAL General Assembly Resolution #67, "Habeas Corpus."
Character count: 2,130
Comments are welcome.
Alexandria Yadoru
Quelesian WA ambassador