[Gerainia]

Quote: 
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.
[/quote]

How should the region vote? Poll will be closed at 20:00 GMT on Wednesday.

[Antrium]

I think it's good, I voted FOR.

(P.S. don't make the poll so that you can vote for multiple options. I don't think anyone is going to try to cheat, but you never know. There are shady people here )

[Gerainia]

Oh poo, I didn't know I'd done that.

[Jagera]

The only real issue the government of Jagera sees is "Denial of right to religious observance". This is understandable in that unreasonably denying religious practice may be seen as a form of torture, but what about extreme practices, especially those that are against other laws (OOC: I'm thinking about the "Violent Violetist" issue, with human sacrifice.)

In Jolt, the author suggests "I think they're right that you could restrict more extravagant ones, because that restriction isn't 'for the purposes of...'." I'm not completely satisfied by this, though, as if you take this part to the extreme ('for the purposes of...'), it suggests to me that the infliction of what would otherwise be considered torture is fine if not done for one of the listed reasons in clause 1 (i.e. just for fun, or to "send a message" the entire enemy force, not just the one lone person).

Maybe I'm blowing this out of proportion, but this is just the first thought that occurs to me.

Notwithstanding the above argument, the government of Jagera is FOR this resolution. (Though we are sorely tempted to vote FOR and AGAINST since the delegate gave us that option )

[Federalist]

I say for

[Mikitivity]

I've voted FOR.

It isn't perfect. Nothing is. But it is very well done for what it is really trying to accomplish, which I believe is making a statement that torture is bad.

On an unrelated note, you can track my government's position on resolutions on our IDUWiki article:
http://idu.thefannish.org/index.php?title=..._World_Assembly

I'll slowly clean up the article and add more information. Please feel free to copy what you like and create similar articles for your government.

[Grosseschnauzer]

For.

[Mikitivity]

JageraMay 18 2008, 09:37 AM The only real issue the government of Jagera sees is "Denial of right to religious observance". This is understandable in that unreasonably denying religious practice may be seen as a form of torture, but what about extreme practices, especially those that are against other laws (OOC: I'm thinking about the "Violent Violetist" issue, with human sacrifice.)

Notwithstanding the above argument, the government of Jagera is FOR this resolution. (Though we are sorely tempted to vote FOR and AGAINST since the delegate gave us that option ) [/quote]
Somebody else brought up this very same issue in the World Assembly forum, and I think it is an important point to discuss, as we all know that Violent Violetists do exist in NationStates.

Perhaps we when vote in favour we should do so on the condition that only reasonable accommodations consistent with World Assembly resolutions should be allowed. Naturally human sacrifice could itself be considered a form of torture or extreme punishment, so it would in most opinions cross the line of reasonable practices into unreasonable.

At least this is another interpretation.

[Domnonia]

It is well intentioned, and proposed by a former IDU member.

Domnonia is For.

[Gerainia]

Results tallied, vote cast.

[Gerainia]

This resolution has passed.