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[DRAFT] Protection of Prisoners' Rights

Where WA members debate how to improve the world, one resolution at a time.
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Keswickholt
Bureaucrat
 
Posts: 43
Founded: Aug 12, 2019
Democratic Socialists

[DRAFT] Protection of Prisoners' Rights

Postby Keswickholt » Sun Jul 05, 2020 3:23 am

Members of the World Assembly,

I, Robert Lewis, Secretary of State for Foreign Affairs for the Federal Republic of Keswickholt, hereby propose to you this draft resolution which aims to protect the rights of prisoners around the world.


Current Draft: 7th Draft


Protection of Prisoners' Rights
(CIVIL RIGHTS – Significant)

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, and understands the complex nature of how different nations operate their prisons and other such facilities.

Concerned that prisoners are being treated as sub-human by some nations and that some of the basic rights the general populace take for granted are not extended to that of prisoners.

Hereby;
  1. A Prisoner for the purpose of this resolution is hereby defined as any person who has been detained by an agent of the state or has been incarcerated for committing an act that is in contradiction of the nation’s laws.
  2. For the purpose of this resolution, the general populace or population is hereby defined as the population of a nation that is the total number of people or beings that live within the nation.
  3. A sentence handed down by a nations court of law is hereby recognised by this resolution as listed hereafter;
    1. Execution
    2. Life imprisonment
    3. A prison sentence that is of any length bar life imprisonment
    4. A prison sentence of any length that includes hard labour
    5. Confinement to a Mental Health Institution (MHI) for a period of time as handed down by a judge when the person is deemed to be Criminally Insane.
  4. This Resolution mandates the following rights to be protected;

    1. The Right to Life;

      1. No prisoner shall be subjected to extra-judicial killings after their sentence has been passed by the court of law for that nation.
      2. Prison Authorities have the responsibility to ensure that no Prisoner is being left in a dangerous situation that could lead to the death of that person or another
      3. A prisoner who is suffering from a terminal illness, and has not committed an offence, that the nation considers to be a serious offence, shall be given compassionate release from prison to receive end of life care in a comfortable environment.
    2. Freedom from being Tortured;
      1. No prisoner shall be kept in isolation for an extended period of time, anything which is over 14 days, unless the prisoner is a considerable threat to the general prisoner populace which then will be assessed every 24 hours until the person is considered to be no longer a threat.
      2. Isolation cannot be used to withdraw a confession from any person who the Authorities believe to be the suspect in any criminal offence.
      3. Prisoners in isolation for periods under 14 days are not considered as being tortured for the purpose of this protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.
      4. A person who is incarcerated in a MHI for any period of time shall not be subjected to being made to perform to a crowd for entertainment or to be used in any medical experiment.
    3. Right to Liberty;
      1. No prisoner shall be denied their right to parole or release from prison for any offence committed provided that the prisoner does not present a danger to the general populace.
    4. Right to Education;
      1. A prisoner has the right to access educational materials to aid them in rehabilitation throughout their time within prison.
      2. A prisoner, who is not serving a lifetime sentence or being punished in a manner that will prevent their release from prison, has the right to obtain qualifications to assist them on their release back into society, to retrain and obtain new skills to allow for their rehabilitation.




Please See below all amended Drafts hereby recorded;

Protection of Prisoner Rights

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, this resolution does not stand in the way of the running of the prison or facilities where a prisoner is being held.

Concerned that prisoners are being treated as Sub-Human by some nations and that the rights the general populace take for granted are not extended to that of prisoners.

Hereby legislates;

(A) All prisoners shall have their rights protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn by any power that exists.

(B) A Prisoner for the purpose of this Resolution is hereby defined as;
    1) Any person who is being held in Lawful Custody by Agents of the state or in a prison facility for committing a criminal act.

    2) Any person who has been declared a political prisoner in the nation that they are being held.

    3) Any person who belongs to a minority group and is subjected to camps or slavery for being a member of that minority group.

    4) Any person who has been committed to a Mental Health Institution due to being classed as Criminally Insane or Institutionalised by the government or a body acting on behalf of the government.

    5) A person who has been made a Prisoner of War or is a Foreign Agent who has been captured and held as such.

(C) For the purpose of this resolution, the General Populace is hereby defined as the population of a nation that is not imprisoned by the state.

(D) This Resolution proposes the following rights to be protected;
    1) The Right to Life
    a. No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.
    b. No Prisoner shall be refused Medical Treatment for life threatening injuries or illnesses that they endure whilst serving their prison sentence.

    2) Freedom from being Tortured
    a. No Prisoner shall be subjected to torture by Prison/Government Authorities whilst serving their prison sentence.
    b. Torture is hereby defined as inhuman or degrading treatment or punishment.
    c. Prisoners in Isolation for periods under 14 days are not considered as being tortured for the purpose of this Protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

    3) Freedom from Slavery and Forced Labour
    a. No Prisoner shall be subjected to Forced Labour or Slavery whilst serving their Prison sentence.
    b. Any work that is asked of the Prisoner must be paid or the Prisoner has agreed to do the work voluntarily in exchange for time off their sentence for good behaviour.

    4) Right to Marry
    a. A prisoner has the right to marry whoever they please whilst serving a prison sentence, providing that the ceremony and legality of the marriage is in line with nations laws surrounding the institution of marriage.

    5) Right to Liberty
    a. No Prisoner shall be kept in prison for longer than their prison sentence determines, for any reason other than, whilst in prison they committed a further offence or have whilst in prison been found guilty of a separate offence that was committed prior to being sentenced originally.
    b. No Prisoner shall be denied their right to Parole for any offence committed provided that the prisoner does not present a danger to the wider population.

(E) Allows any Prisoner or their legal representative to approach this Assembly to ask for an International body to review and, if necessary, sanction the nation for any breach of this Resolution in the pursuance of the protection of the Prisoners’ Rights.



Protection of Prisoners' Rights

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, this resolution does not stand in the way of the running of the prison or facilities where a prisoner is being held.

Concerned that prisoners are being treated as Sub-Human by some nations and that the rights the general populace take for granted are not extended to that of prisoners.

Hereby legislates;

(A) All prisoners shall have their rights, as listed in Section D of this Proposal, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn by any power that exists.

(B) A Prisoner for the purpose of this Resolution is hereby defined as;
    1)Any person who is being held in Lawful Custody by Agents of the state or in a prison facility for committing a criminal act.

    2) Any person who has been declared a political prisoner in the nation that they are being held.

    3) Any person who belongs to a minority group and is subjected to camps or slavery for being a member of that minority group.

    4) Any person who has been committed to a Mental Health Institution due to being classed as Criminally Insane or Institutionalised by the government or a body acting on behalf of the government.

    5) A person who has been made a Prisoner of War or is a Foreign Agent who has been captured and held as such.

(C) For the purpose of this resolution, the General Populace is hereby defined as the population of a nation that is not imprisoned by the state.

(D) This Resolution proposes the following rights to be protected;
    1) The Right to Life;
      a. No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.
      b. No Prisoner shall be refused Medical Treatment for life threatening injuries or illnesses that they endure whilst serving their prison sentence. As is Extended by GA # 161.

    2)Freedom from being Tortured, as is extended by GA #009;
      a. No Prisoner shall be subjected to torture by Prison/Government Authorities whilst serving their prison sentence.
      b. Torture is hereby defined as inhuman or degrading treatment or punishment.
      c. Prisoners in Isolation for periods under 14 days are not considered as being tortured for the purpose of this Protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

    3) Freedom from Slavery and Forced Labour
      a. No Prisoner shall be subjected to Forced Labour or Slavery whilst serving their Prison sentence.
      b. Any work that is asked of the Prisoner must be paid or the Prisoner has agreed to do the work voluntarily in exchange for time off their sentence for good behaviour.

    4) Right to Marry
      a. A prisoner has the right to marry whoever they please whilst serving a prison sentence, providing that the ceremony and legality of the marriage is in line with nations laws surrounding the institution of marriage.
    5)Right to Liberty
      a. No Prisoner shall be kept in prison for longer than their prison sentence determines, for any reason other than, whilst in prison they committed a further offence or have whilst in prison been found guilty of a separate offence that was committed prior to being sentenced originally. As is extended by GA #323.
      b. No Prisoner shall be denied their right to Parole for any offence committed provided that the prisoner does not present a danger to the wider population.

(E) Allows any Prisoner or their legal representative to approach this Assembly to ask for an International body to review and, if necessary, sanction the nation for any breach of this Resolution in the pursuance of the protection of the Prisoners’ Rights.



Protection of Prisoners' Rights
(CIVIL RIGHTS – Significant)

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, and understands the complex nature of how different nations operate their prisons and other such facilities.

Concerned that prisoners are being treated as sub-human by some nations and that some of the basic rights the general populace take for granted are not extended to that of prisoners.

Hereby;
(1) This Resolution proposes the following rights to be protected;
    a) The Right to Life;
      i. No Prisoner shall be subjected to extra-judicial killings after their sentence has been passed by the court of law for that nation.
      ii. No Prisoner shall be refused medical treatment for life threatening injuries or illnesses that they endure whilst serving their prison sentence.

    b)Freedom from being Tortured;
      i. No Prisoner shall be subjected to torture by Prison/Government Authorities whilst serving their prison sentence.
      ii. Torture is hereby defined as inhuman or degrading treatment or punishment.
      iii. Prisoners in Isolation for periods under 14 days are not considered as being tortured for the purpose of this Protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

    c) Freedom from Slavery;
      i. No Prisoner shall be subjected to Slavery whilst serving their Prison sentence.
      ii. Any work, other than that of which is included in the original sentence, that is asked of the Prisoner must be paid or the Prisoner has agreed to do the work voluntarily in exchange for time off their sentence for good behaviour.

    d)Right to Liberty
      i. No Prisoner shall be kept in prison for longer than their prison sentence determines, for any reason other than, whilst in prison they committed a further offence or have whilst in prison been found guilty of a separate offence that was committed prior to being sentenced originally.
      ii. No Prisoner shall be denied their right to parole for release from prison or any offence committed provided that the prisoner does not present a danger to the wider population.

(2) All prisoners shall have their rights, as listed in Section 1 of this Proposal, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn from the individual by any power that exists.

(3) A Prisoner for the purpose of this Resolution is hereby defined as any person who has been detained by an agent of the state or has been incarcerated for committing an act this is in contradiction of the nation’s laws.

(4) For the purpose of this resolution, the general populace is hereby defined as the population of a nation that is not imprisoned by the state.

(5) Allows any Prisoner or their legal representative to approach this Assembly to ask for an International body to review and, if necessary, sanction the nation for any breach of this Resolution in the pursuance of the protection of the Prisoners’ Rights.



Protection of Prisoners' Rights
(CIVIL RIGHTS – Significant)

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, and understands the complex nature of how different nations operate their prisons and other such facilities.

Concerned that prisoners are being treated as sub-human by some nations and that some of the basic rights the general populace take for granted are not extended to that of prisoners.

Hereby;
(1) This Resolution proposes the following rights to be protected;

    a) The Right to Life;

      i. No prisoner shall be subjected to extra-judicial killings after their sentence has been passed by the court of law for that nation.
      ii. A prisoner who is suffering from a terminal illness, and has not committed an offence, that the nation considers to be a serious offence, shall be given compassionate release from prison to receive end of life care in a comfortable environment.

    b) Freedom from being Tortured;
      i. No Prisoner shall be subjected to torture by prison/government authorities whilst serving their prison sentence.
      ii. Torture is hereby defined as inhuman or degrading treatment or punishment.
      iii. Prisoners in isolation for periods under 14 days are not considered as being tortured for the purpose of this protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

    c) Right to Liberty;
      i. No prisoner shall be denied their right to parole or release from prison for any offence committed provided that the prisoner does not present a danger to the general populace.

    d) Right to Education;
      i. A prisoner has the right to access educational materials to aid them in rehabilitation throughout their time within prison.
      ii. A prisoner has the right to obtain qualifications to assist them on their release back into society, to retrain and obtain new skills to allow for their rehabilitation.


(2) All prisoners shall have their rights, as listed in Section 1 of this resolution, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn from the individual by any power that exists.

(3) A Prisoner for the purpose of this resolution is hereby defined as any person who has been detained by an agent of the state or has been incarcerated for committing an act that is in contradiction of the nation’s laws.

(4) For the purpose of this resolution, the general populace is hereby defined as the population of a nation that is not imprisoned by the state.

(5) Allows any prisoner or their legal representative to approach this Assembly to ask for an international body to review and, if necessary, sanction the nation for any breach of this resolution in the pursuance of the protection of the prisoners’ rights.


Protection of Prisoners' Rights
(CIVIL RIGHTS – Significant)

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, and understands the complex nature of how different nations operate their prisons and other such facilities.

Concerned that prisoners are being treated as sub-human by some nations and that some of the basic rights the general populace take for granted are not extended to that of prisoners.

Hereby;
(1) This Resolution proposes the following rights to be protected;

    a) The Right to Life;

      i. No prisoner shall be subjected to extra-judicial killings after their sentence has been passed by the court of law for that nation.

      ii. A prisoner who is suffering from a terminal illness, and has not committed an offence, that the nation considers to be a serious offence, shall be given compassionate release from prison to receive end of life care in a comfortable environment.

    b) Freedom from being Tortured;
      i. No Prisoner shall be subjected to torture by prison/government authorities whilst serving their prison sentence.

      ii. Torture is hereby defined as inhuman or degrading treatment or punishment.

      iii. Prisoners in isolation for periods under 14 days are not considered as being tortured for the purpose of this protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

    c) Right to Liberty;
      i. No prisoner shall be denied their right to parole or release from prison for any offence committed provided that the prisoner does not present a danger to the general populace.

    d) Right to Education;
      i. A prisoner has the right to access educational materials to aid them in rehabilitation throughout their time within prison.

      ii. A prisoner, who is not serving a lifetime sentence or being punished in a manner that will prevent their release from prison, has the right to obtain qualifications to assist them on their release back into society, to retrain and obtain new skills to allow for their rehabilitation.


(2) All prisoners shall have their rights, as listed in Section 1 of this resolution, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn from the individual by any power that exists.

(3) A Prisoner for the purpose of this resolution is hereby defined as any person who has been detained by an agent of the state or has been incarcerated for committing an act that is in contradiction of the nation’s laws.

(4) For the purpose of this resolution, the general populace is hereby defined as the population of a nation that is not imprisoned by the state.


Protection of Prisoners' Rights
(CIVIL RIGHTS – Significant)

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, and understands the complex nature of how different nations operate their prisons and other such facilities.

Concerned that prisoners are being treated as sub-human by some nations and that some of the basic rights the general populace take for granted are not extended to that of prisoners.

Hereby;
  1. his Resolution proposes the following rights to be protected;

    1. The Right to Life;

      1. No prisoner shall be subjected to extra-judicial killings after their sentence has been passed by the court of law for that nation.
      2. Prison Authorities have the responsibility to ensure that no Prisoner is being left in a dangerous situation that could lead to the death of that person or another
      3. A prisoner who is suffering from a terminal illness, and has not committed an offence, that the nation considers to be a serious offence, shall be given compassionate release from prison to receive end of life care in a comfortable environment.
    2. Freedom from being Tortured;
      1. No prisoner shall be kept in isolation for an extended period of time, anything which is over 14 days, unless the prisoner is a considerable threat to the general prisoner populace which then will be assessed every 24 hours until the person is considered to be no longer a threat.
      2. Isolation cannot be used to withdraw a confession from any person who the Authorities believe to be the suspect in any criminal offence.
      3. Prisoners in isolation for periods under 14 days are not considered as being tortured for the purpose of this protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.
    3. Right to Liberty;
      1. No prisoner shall be denied their right to parole or release from prison for any offence committed provided that the prisoner does not present a danger to the general populace.
    4. Right to Education;
      1. A prisoner has the right to access educational materials to aid them in rehabilitation throughout their time within prison.
      2. A prisoner, who is not serving a lifetime sentence or being punished in a manner that will prevent their release from prison, has the right to obtain qualifications to assist them on their release back into society, to retrain and obtain new skills to allow for their rehabilitation.

  2. All prisoners shall have their rights, as listed in Section 1 of this resolution, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn from the individual by any power that exists.
  3. A Prisoner for the purpose of this resolution is hereby defined as any person who has been detained by an agent of the state or has been incarcerated for committing an act that is in contradiction of the nation’s laws.
  4. For the purpose of this resolution, the general populace is hereby defined as the population of a nation that is not imprisoned by the state.
  5. A Sentence handed down by a court of law as recognised by this resolution is hereby;
    1. Execution
    2. Life Imprisonment
    3. A prison sentence that is of any length bar Life Imprisonment
    4. Confinement to a Mental Health Institution for a period of time as handed down by a judge when the person is deemed to be Criminally Insane.


Protection of Prisoners' Rights
(CIVIL RIGHTS – Significant)

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, and understands the complex nature of how different nations operate their prisons and other such facilities.

Concerned that prisoners are being treated as sub-human by some nations and that some of the basic rights the general populace take for granted are not extended to that of prisoners.

Hereby;
  1. A Prisoner for the purpose of this resolution is hereby defined as any person who has been detained by an agent of the state or has been incarcerated for committing an act that is in contradiction of the nation’s laws.
  2. For the purpose of this resolution, the general populace or population is hereby defined as the population of a nation that is the total number of people or beings that live within the nation.
  3. A sentence handed down by a nations court of law is hereby recognised by this resolution as listed hereafter;
    1. Execution
    2. Life imprisonment
    3. A prison sentence that is of any length bar life imprisonment
    4. A prison sentence of any length that includes hard labour
    5. Confinement to a Mental Health Institution (MHI) for a period of time as handed down by a judge when the person is deemed to be Criminally Insane.
  4. This Resolution mandates the following rights to be protected;

    1. The Right to Life;

      1. No prisoner shall be subjected to extra-judicial killings after their sentence has been passed by the court of law for that nation.
      2. Prison Authorities have the responsibility to ensure that no Prisoner is being left in a dangerous situation that could lead to the death of that person or another
      3. A prisoner who is suffering from a terminal illness, and has not committed an offence, that the nation considers to be a serious offence, shall be given compassionate release from prison to receive end of life care in a comfortable environment.
    2. Freedom from being Tortured;
      1. No prisoner shall be kept in isolation for an extended period of time, anything which is over 14 days, unless the prisoner is a considerable threat to the general prisoner populace which then will be assessed every 24 hours until the person is considered to be no longer a threat.
      2. Isolation cannot be used to withdraw a confession from any person who the Authorities believe to be the suspect in any criminal offence.
      3. Prisoners in isolation for periods under 14 days are not considered as being tortured for the purpose of this protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.
      4. A person who is incarcerated in a MHI for any period of time shall not be subjected to being made to perform to a crowd for entertainment or to be used in any medical experiment.
    3. Right to Liberty;
      1. No prisoner shall be denied their right to parole or release from prison for any offence committed provided that the prisoner does not present a danger to the general populace.
    4. Right to Education;
      1. A prisoner has the right to access educational materials to aid them in rehabilitation throughout their time within prison.
      2. A prisoner, who is not serving a lifetime sentence or being punished in a manner that will prevent their release from prison, has the right to obtain qualifications to assist them on their release back into society, to retrain and obtain new skills to allow for their rehabilitation.
Last edited by Keswickholt on Sat Jul 11, 2020 6:18 am, edited 17 times in total.
Rupert Armstrong
Principal Secretary
World Assembly Liaison Office
Department for Foreign Affairs
Federal Republic of Keswickholt


**Robert Lewis our Secretary of State for Foreign Affairs is needed back in the Federal Republic, Mr Lewis will return from the 1st August 2020**

User avatar
Kenmoria
Negotiator
 
Posts: 6233
Founded: Jul 03, 2017
Corporate Bordello

Postby Kenmoria » Sun Jul 05, 2020 3:33 am

“There is a lot of duplication in the proposal: clause D1b duplicates GA #161, Medical Standards in Prisons; clause D2 duplicates GA #009, Prevention of Torture; and clause D5a duplicates GA #323, No Penalty without Law. Also, clause A appears to suggest that prisoners be afforded the right to freedom of movement, which poses obvious difficulties for continued incarceration.”
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

User avatar
Keswickholt
Bureaucrat
 
Posts: 43
Founded: Aug 12, 2019
Democratic Socialists

Postby Keswickholt » Sun Jul 05, 2020 3:41 am

Kenmoria wrote:“There is a lot of duplication in the proposal: clause D1b duplicates GA #161, Medical Standards in Prisons; clause D2 duplicates GA #009, Prevention of Torture; and clause D5a duplicates GA #323, No Penalty without Law. Also, clause A appears to suggest that prisoners be afforded the right to freedom of movement, which poses obvious difficulties for continued incarceration.”


I don't think that this proposal would make any sense without at least a mention of pre-existing resolutions, admittedly I should have done a bit more research and shall make amendments to the draft proposals to make mention of pre-existing resolutions.
Rupert Armstrong
Principal Secretary
World Assembly Liaison Office
Department for Foreign Affairs
Federal Republic of Keswickholt


**Robert Lewis our Secretary of State for Foreign Affairs is needed back in the Federal Republic, Mr Lewis will return from the 1st August 2020**

User avatar
Keswickholt
Bureaucrat
 
Posts: 43
Founded: Aug 12, 2019
Democratic Socialists

Postby Keswickholt » Sun Jul 05, 2020 3:56 am

Please find under the tab a second draft, which contains minor alterations.

Protection of Prisoners' Rights

The World Assembly,

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, this resolution does not stand in the way of the running of the prison or facilities where a prisoner is being held.

Concerned that prisoners are being treated as Sub-Human by some nations and that the rights the general populace take for granted are not extended to that of prisoners.

Hereby legislates;

(A) All prisoners shall have their rights, as listed in Section D of this Proposal, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn by any power that exists.

(B) A Prisoner for the purpose of this Resolution is hereby defined as;
    1)Any person who is being held in Lawful Custody by Agents of the state or in a prison facility for committing a criminal act.

    2) Any person who has been declared a political prisoner in the nation that they are being held.

    3) Any person who belongs to a minority group and is subjected to camps or slavery for being a member of that minority group.

    4) Any person who has been committed to a Mental Health Institution due to being classed as Criminally Insane or Institutionalised by the government or a body acting on behalf of the government.

    5) A person who has been made a Prisoner of War or is a Foreign Agent who has been captured and held as such.

(C) For the purpose of this resolution, the General Populace is hereby defined as the population of a nation that is not imprisoned by the state.

(D) This Resolution proposes the following rights to be protected;
    1) The Right to Life;
      a. No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.
      b. No Prisoner shall be refused Medical Treatment for life threatening injuries or illnesses that they endure whilst serving their prison sentence. As is Extended by GA # 161.

    2)Freedom from being Tortured, as is extended by GA #009;
      a. No Prisoner shall be subjected to torture by Prison/Government Authorities whilst serving their prison sentence.
      b. Torture is hereby defined as inhuman or degrading treatment or punishment.
      c. Prisoners in Isolation for periods under 14 days are not considered as being tortured for the purpose of this Protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

    3) Freedom from Slavery and Forced Labour
      a. No Prisoner shall be subjected to Forced Labour or Slavery whilst serving their Prison sentence.
      b. Any work that is asked of the Prisoner must be paid or the Prisoner has agreed to do the work voluntarily in exchange for time off their sentence for good behaviour.

    4) Right to Marry
      a. A prisoner has the right to marry whoever they please whilst serving a prison sentence, providing that the ceremony and legality of the marriage is in line with nations laws surrounding the institution of marriage.
    5)Right to Liberty
      a. No Prisoner shall be kept in prison for longer than their prison sentence determines, for any reason other than, whilst in prison they committed a further offence or have whilst in prison been found guilty of a separate offence that was committed prior to being sentenced originally. As is extended by GA #323.
      b. No Prisoner shall be denied their right to Parole for any offence committed provided that the prisoner does not present a danger to the wider population.

(E) Allows any Prisoner or their legal representative to approach this Assembly to ask for an International body to review and, if necessary, sanction the nation for any breach of this Resolution in the pursuance of the protection of the Prisoners’ Rights.
Last edited by Keswickholt on Sun Jul 05, 2020 4:03 am, edited 1 time in total.
Rupert Armstrong
Principal Secretary
World Assembly Liaison Office
Department for Foreign Affairs
Federal Republic of Keswickholt


**Robert Lewis our Secretary of State for Foreign Affairs is needed back in the Federal Republic, Mr Lewis will return from the 1st August 2020**

User avatar
Potted Plants United
Diplomat
 
Posts: 999
Founded: Jan 14, 2013
Democratic Socialists

Postby Potted Plants United » Sun Jul 05, 2020 5:18 am

Keswickholt wrote:Please find under the tab a second draft, which contains minor alterations.

OOC: Post your most current draft in the first post and leave it visible. Spoiler older drafts. That way people know what draft to comment on.
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Keswickholt
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Postby Keswickholt » Sun Jul 05, 2020 5:25 am

Potted Plants United wrote:
Keswickholt wrote:Please find under the tab a second draft, which contains minor alterations.

OOC: Post your most current draft in the first post and leave it visible. Spoiler older drafts. That way people know what draft to comment on.


OOC: Thank you, I have done this.
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Potted Plants United
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Democratic Socialists

Postby Potted Plants United » Sun Jul 05, 2020 6:44 am

OOC post because I'm too sleepy to do IC.

Keswickholt wrote:Members of the World Assembly,

I, Robert Lewis, Secretary of State for Foreign Affairs for the Federal Republic of Keswickholt, hereby propose to you this draft resolution which aims to protect the rights of prisoners around the world.

You might want to separate this bit from the proposal in some way. Try putting the box code around the proposal?

Protection of Prisoners' Rights

You're lacking the category and strength/AoE. Since these can affect the proposal's legality, they should be visible somewhere in the first post.

This Resolution calls for the protection of the rights belonging to that of a Prisoner.

If this is an attempt for the descriptory text, it's actually dependant on the category of the proposal, you don't get to write it yourself. Otherwise, this is entirely unnecessary, as your title is descriptory enough. Remove.

Recognises that nations have the freedom to run prisons or facilities as they see appropriate, this resolution does not stand in the way of the running of the prison or facilities where a prisoner is being held.

This is literally a lie, since you're putting in place a lot of restrictions (some are pre-existing ones, but still). I suggest against lying in the preamble, since it can sour the general opinion against your proposal.

Concerned that prisoners are being treated as Sub-Human by some nations and that the rights the general populace take for granted are not extended to that of prisoners.

Randomly capitalized Nouns there. And also, given the existing resolutions on prisoners' rights, the first half of this is a lie - see above what I said about lying in the preamble - and the second half is a kind of a duh, since imprisonment specifically takes away some rights as otherwise it wouldn't function as a punishment.

Hereby legislates;

You can leave out the "legislates", as it's a given.

(A)

I would suggest numbering the main clauses instead of using letters. You could then use letters and list code for the subclauses.

All prisoners shall have their rights, as listed in Section D of this Proposal, protected by law to allow them some dignity and respect that is afforded to the general populace on a daily basis, and these rights cannot be withdrawn by any power that exists.

You should 1. list the rights before referring to them, and 2. call your proposal a resolution instead, within the proposal, because if it passes, it'll be a resolution. Also, randomly capitalized Nouns again. Also, trying to repeal-proof your proposal won't actually make it repeal-proof.

(B) A Prisoner for the purpose of this Resolution is hereby defined as;
    1)Any person who is being held in Lawful Custody by Agents of the state or in a prison facility for committing a criminal act.

    2) Any person who has been declared a political prisoner in the nation that they are being held.

    3) Any person who belongs to a minority group and is subjected to camps or slavery for being a member of that minority group.

    4) Any person who has been committed to a Mental Health Institution due to being classed as Criminally Insane or Institutionalised by the government or a body acting on behalf of the government.

    5) A person who has been made a Prisoner of War or is a Foreign Agent who has been captured and held as such.

All of this could be replaced with "incarcerated for any reason". Also, tabbing doesn't work, so if you want to indent the subclauses, using the list code is enough to get it to do that.

(C) For the purpose of this resolution, the General Populace is hereby defined as the population of a nation that is not imprisoned by the state.

Randomly capitalized Nouns again. Also, the "imprisoned by the state" can create a grey area you probably didn't intend to have, given most of the definitions you currently have, do not actually define prisoners as imprisoned by the state. Also, you should have definitions come before the clauses that use the defined terms. So move all the definitions to be the first active clause after Hereby.

(D) This Resolution proposes the following rights to be protected;

"Proposes" does not actually do anything. And unnecessarily capitalized noun again.

a. No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.

Contradiction of existing resolution that makes lawful executions difficult but not impossible. Struck out bit is already done by another resolution. Also, what the fuck is up with the capitalized nouns? German does that, English doesn't.

b. No Prisoner shall be refused Medical Treatment for life threatening injuries or illnesses that they endure whilst serving their prison sentence. As is Extended by GA # 161.

Duplication. Also, if the "extended" (weird word choice, by the way) means that this clause relies on the previous resolution, then it is a classic House of Cards violation.

2)Freedom from being Tortured, as is extended by GA #009;

Same here, on the House of Cards.

    a. No Prisoner shall be subjected to torture by Prison/Government Authorities whilst serving their prison sentence.
    b. Torture is hereby defined as inhuman or degrading treatment or punishment.

    c. Prisoners in Isolation for periods under 14 days are not considered as being tortured for the purpose of this Protected right, providing that they pose a threat to the greater prison population and that by being put into Isolation for a period less than 14 days, the authorities can put safeguarding measures into place.

Struck out bits are duplication, and there's random Capitalization, this time not a noun.

3) Freedom from Slavery and Forced Labour
    a. No Prisoner shall be subjected to Forced Labour or Slavery whilst serving their Prison sentence.
    b. Any work that is asked of the Prisoner must be paid or the Prisoner has agreed to do the work voluntarily in exchange for time off their sentence for good behaviour.

Capitalization. Struck out bit is duplication. The latter part of subclause b. sounds like something that'd sink this even if you otherwise made it legal. What exactly makes you more likely to not, say, rape someone again, if you do some work while in prison?

4) Right to Marry
    a. A prisoner has the right to marry whoever they please whilst serving a prison sentence, providing that the ceremony and legality of the marriage is in line with nations laws surrounding the institution of marriage.

You don't need to use the list code if you have a single subclause, just include it in the main clause. However, this creates a possible self-contradiction, because if national laws say "no marrying while imprisoned" or "no holding marriage ceremonies in prison", then such marriages would at once be allowed and banned.

5)Right to Liberty

This makes no sense when talking of prisoners, nor are you granting the right to liberty in the subclauses, so you should think of some other term here.

    a. No Prisoner shall be kept in prison for longer than their prison sentence determines, for any reason other than, whilst in prison they committed a further offence or have whilst in prison been found guilty of a separate offence that was committed prior to being sentenced originally. As is extended by GA #323.
    b. No Prisoner shall be denied their right to Parole for any offence committed provided that the prisoner does not present a danger to the wider population.

Struck out bit is duplication and House of Cards, apparently. The bit about parole... what's so great about parole? Do you know how restrictive being on parole can be? Can the prisoner say they'd rather sit in prison for the rest of the sentence? Also you should use your defined term instead of the underlined one, to refer to non-prisoners.

(E) Allows any Prisoner or their legal representative to approach this Assembly to ask for an International body to review and, if necessary, sanction the nation for any breach of this Resolution in the pursuance of the protection of the Prisoners’ Rights.

Duplication of existing resolutions that specifically deal with noncompliance. Also random Capitalization.

Take out all the bits of duplication and contradiction, and see what you're left with, then decide whether it's worth trying to push them through into WA law.
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La xinga
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Postby La xinga » Sun Jul 05, 2020 6:51 am

Is this proposal banning capital punishment and corporal punishment? And why shouldn't we make the prisoners work?
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Postby Picairn » Sun Jul 05, 2020 7:28 am

Clause a, Subsection 1, section D:
No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.

Are you trying to outlaw capital punishment altogether? 1st red flag.

Clause a, Subsection 3, section D:
No Prisoner shall be subjected to Forced Labour or Slavery whilst serving their Prison sentence.

Why shouldn't they be put to work after they have committed crimes against the people and the society? 2nd red flag.

That's it, your proposal will be destroyed at vote.
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Postby Kenmoria » Sun Jul 05, 2020 7:29 am

Potted Plants United wrote:
a. No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.

Contradiction of existing resolution that makes lawful executions difficult but not impossible. Struck out bit is already done by another resolution. Also, what the fuck is up with the capitalized nouns? German does that, English doesn't.

(OOC: On the point about capital punishment being permitted, Preventing the Execution of Innocents only allows execution subject to WA legislation, so there probably shouldn’t be an issue with this proposal banning it, as far as legality is concerned. However, I do think that a WA-wide ban on the death penalty is a bad idea regardless.)
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Keswickholt
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Democratic Socialists

Postby Keswickholt » Sun Jul 05, 2020 7:41 am

I am writing a 3rd Draft at this time;

1) I have noted feedback on Execution and have reworded the clause and removed this from the clause. (Clause A, Subsection 1, Section D)
Clause a, Subsection 1, section D:
No Prisoner shall be subjected to Execution or Extra-Judicial Killings after their sentence has been passed by the court of law for that nation.

Are you trying to outlaw capital punishment altogether? 1st red flag.


2) I am rewriting Clause A, Subsection 3, Section D and have removed Forced Labour from the wording.
Clause a, Subsection 3, section D:
No Prisoner shall be subjected to Forced Labour or Slavery whilst serving their Prison sentence.

Why shouldn't they be put to work after they have committed crimes against the people and the society? 2nd red flag.


3) This was a mistake that has been corrected in the 3rd Draft, at no point was my intention to try and prevent a repeal.
Also, trying to repeal-proof your proposal won't actually make it repeal-proof.



4) This has been addressed and redefined as is appropriate;
(B) A Prisoner for the purpose of this Resolution is hereby defined as;
1)Any person who is being held in Lawful Custody by Agents of the state or in a prison facility for committing a criminal act.

2) Any person who has been declared a political prisoner in the nation that they are being held.

3) Any person who belongs to a minority group and is subjected to camps or slavery for being a member of that minority group.

4) Any person who has been committed to a Mental Health Institution due to being classed as Criminally Insane or Institutionalised by the government or a body acting on behalf of the government.

5) A person who has been made a Prisoner of War or is a Foreign Agent who has been captured and held as such.

All of this could be replaced with "incarcerated for any reason". Also, tabbing doesn't work, so if you want to indent the subclauses, using the list code is enough to get it to do that.
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**Robert Lewis our Secretary of State for Foreign Affairs is needed back in the Federal Republic, Mr Lewis will return from the 1st August 2020**

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Keswickholt
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Democratic Socialists

Postby Keswickholt » Sun Jul 05, 2020 7:49 am

I am already writing a 4th Draft, due to noticing that there are some areas that should be edited/removed.
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Araraukar
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Postby Araraukar » Mon Jul 06, 2020 2:52 am

OOC: You have misnested code in the OP, which causes the thread to be "broken" from there onwards.
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Postby Imperium Anglorum » Mon Jul 06, 2020 3:15 am

Treatment of Inmates?

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Keswickholt
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Postby Keswickholt » Mon Jul 06, 2020 4:34 am

Araraukar wrote:OOC: You have misnested code in the OP, which causes the thread to be "broken" from there onwards.


OOC: just spent 10 minutes sorting out the BBCode. Hopefully it won't happen again.
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Kenmoria
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Postby Kenmoria » Mon Jul 06, 2020 4:53 am

“Clause 5 has already been covered by existing legislation, namely the Administrative Compliance Act.”
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Kenmoria is Laissez-Faire on economy but centre-left on social issues
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Keswickholt
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Postby Keswickholt » Mon Jul 06, 2020 4:56 am

Kenmoria wrote:“Clause 5 has already been covered by existing legislation, namely the Administrative Compliance Act.”


I will strike it from the record for the 5th draft
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La xinga
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Postby La xinga » Mon Jul 06, 2020 5:17 am

Keswickholt wrote:
Kenmoria wrote:“Clause 5 has already been covered by existing legislation, namely the Administrative Compliance Act.”


I will strike it from the record for the 5th draft

Maybe you exclude the latter part of (d if the inmate is never going to be released.
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Keswickholt
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Postby Keswickholt » Mon Jul 06, 2020 5:20 am

La xinga wrote:
Keswickholt wrote:
I will strike it from the record for the 5th draft

Maybe you exclude the latter part of (d if the inmate is never going to be released.


I will reword it to settle this issue by adding something similar to "for those who have not received life sentences or Other punishment that will block their release from prison"
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Keswickholt
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Democratic Socialists

Postby Keswickholt » Tue Jul 07, 2020 2:08 pm

I am aiming to submit the proposal by the start of August.

I have currently placed the 5th draft for the proposal in the 1st post.

Could people please provide feedback on the current proposal.

I have noted minor duplications are present due to the nature of the proposal this cannot be avoided. I also have made sure that these duplications do not rely on the original resolution to prevent a breach of the "House of Cards" rule.
Last edited by Keswickholt on Tue Jul 07, 2020 2:09 pm, edited 1 time in total.
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Grays Harbor
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Postby Grays Harbor » Tue Jul 07, 2020 2:49 pm

Keswickholt wrote:I am aiming to submit the proposal by the start of August.

I have currently placed the 5th draft for the proposal in the 1st post.

Could people please provide feedback on the current proposal.

I have noted minor duplications are present due to the nature of the proposal this cannot be avoided. I also have made sure that these duplications do not rely on the original resolution to prevent a breach of the "House of Cards" rule.

OOC: “minor” duplication? At least half of this is already covered by other resolutions. That is not minor.
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Keswickholt
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Founded: Aug 12, 2019
Democratic Socialists

Postby Keswickholt » Wed Jul 08, 2020 7:29 am

I am going to be away from NationStates until Monday 13th July 2020, I will look at seeing if it is worth continuing with the proposal when I return.

It seems that this proposal may step on toes of a few already existing Resolutions and may not be worth the hassle of trying to get it accepted.
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Grays Harbor
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Postby Grays Harbor » Wed Jul 08, 2020 7:47 am

Keswickholt wrote:I am going to be away from NationStates until Monday 13th July 2020, I will look at seeing if it is worth continuing with the proposal when I return.

It seems that this proposal may step on toes of a few already existing Resolutions and may not be worth the hassle of trying to get it accepted.

See ya when you get back.
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Keswickholt
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Democratic Socialists

Postby Keswickholt » Sat Jul 11, 2020 2:32 am

6th Draft is up.

Turns out I am now able to do what I like this weekend and so able to continue with writing this proposal.
Rupert Armstrong
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Federal Republic of Keswickholt


**Robert Lewis our Secretary of State for Foreign Affairs is needed back in the Federal Republic, Mr Lewis will return from the 1st August 2020**

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Kenmoria
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Corporate Bordello

Postby Kenmoria » Sat Jul 11, 2020 4:00 am

“Your definitions should go at the start of the active clauses. Also, where clause 1 says ‘his Resolution proposes...’ it would be better to have ‘This resolution mandates...’.”
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
However we do have a WA mission and often participate in drafting
Current ambassador: James Lewitt

For more information, read the factbooks here.

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