Description: WA General Assembly Resolution #187: Double Jeopardy Prohibition (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: The World Assembly:

APPLAUDS the aim of GAR #187, Double Jeopardy Prohibition, which was to ban the deplorable practice of Double Jeopardy within WA member states;

REGRETS that the resolution ultimately overstepped its intended purpose and made it much more difficult for WA member states to ensure that those individuals who have committed a crime are appropriately punished;

NOTES that the resolution's text includes the following statement: "1. Once an individual has been acquitted of a crime, member states shall not try that individual for the same alleged criminal act again.";

CLARIFIES that the term "acquitted" in the aforementioned clause is not the same as a final judgment of innocence, which in turn creates a number of legal problems for WA member states;

DETAILS that this restriction outlaws a number of otherwise fair and necessary judicial proceedings such as:

1. Trial de novo, which is a common civil law occurrence in which a trial is essentially redone,

2. Concurrent jurisdiction, which may exist on both on the international and national level and may result in local politics playing a role in determining where an individual is tried in order to impact the outcome of the trial,

3. Prosecution appeal, which may be necessary in the event of any or all of the following:

   1. Learning of judge or jury bias during the original proceedings,

   2. Tampering with evidence, or

   3. Discovering new evidence that may have changed the outcome of the case;

REPEALS GAR #187, Double Jeopardy Prohibition.

Co-Authored by: Mallorea and Riva

Votes For: 9,388 (84%)
Votes Against: 1,755 (16%)

Implemented: Thu Apr 26 2012

Description: RECOGNIZES that those detained by police and judicial authorities either while awaiting adjudication or investigation, or while serving a penal sentence, may be vulnerable to abuse.

WORRIES that those members of society who have been accused but not yet found guilty may be forced to endure worse treatment than those whose guilt has been determined.

THE WORLD ASSEMBLY:

1. DEFINES:

1. "detainee" as a person who is in custody while subjected to questioning, criminal proceedings and/or trial, but for whom either (a) a verdict has not yet been determined at a trial, or (b) whose guilt is determined but is awaiting a punishment to be pronounced.

2. "convict" as a person who is serving a custodial sentence after guilt has been pronounced.

2. STIPULATES that all detainees must be presumed to be innocent until a formal verdict is determined at a trial.

3. REQUIRES all member nations to provide the following, at a minimum, to all detainees and convicts:

1. Sufficient and appropriate living space.

2. Regular access to physical activity.

3. A diet sufficient to sustain life.

4. Appropriate clothing for extant environmental conditions as deemed necessary for the inmate.

5. Prevention of abuse, with the proviso that effects that are directly due to the loss of freedom, such as isolation, shall not be considered abuse.

6. Access to correspondence and visitation with consenting family members and friends from the outside community on a regular, reasonably frequent basis, in a manner consistent with the safety and security of the institution, institutional staff and inmates.

4. PERMITS member nations to temporarily suspend the services detailed in clauses 3b and 3f above for a reasonably short period of time, as punishment for misbehavior after a reasonable judgment is made.

5. MANDATES that member nations shall each establish national standards jointly with the World Assembly Commission on Human Rights for all services listed in clause 3 above, and further requires member nations to meet or exceed such standards.

6. ALLOWS member nations to monitor inmates who are taking advantage of the services listed above in order to maintain institutional security and order, except as otherwise regulated by extant or future international law.

7. OBLIGATES all nations to additionally provide detainees with:

1. Conditions, privileges, and rights that are no worse than those accorded to convicts who pose a similar risk to institutional safety and security.

2. Notification of the reason for their detention.

3. Access to legal documentation relevant to their trial, in a form accessible to the detainee.

4. The right to prepare for their own defense.

8. OBLIGES member nations to provide oversight of convict and detainee care beyond that exercised by the direct management of the correctional institution

9. GRANTS all detainees and convicts the right to have appeals of conditions of detainment heard by oversight institutions specified in clause 8.

10. FORBIDS member nations from arranging to house their detainees and/or convicts at facilities in outside nations for the purposes of evading compliance with this resolution.

Votes For: 8,271 (73%)
Votes Against: 3,026 (27%)

Implemented: Mon Apr 30 2012

Description: WA General Assembly Resolution #190: Habeas Corpus Act (Category: Human Rights; Strength: Strong) shall be struck out and rendered null and void.

Argument: THE WORLD ASSEMBLY:

APPLAUDS the aim of protecting individuals from unreasonable detainment practices.

REALIZES, however, that the specific time limits listed within the resolution's text may risk the safety and prosperity of WA member nations; for example:

1. Clause 1 may require WA member nations to criminalize otherwise non-criminal offenses for the purposes of public safety.

   1. Government-provided child protective services would be severely limited to a maximum of 6 hours per 7 day period, due to shortcomings in GAR#19, Child Protection Act, in combination with GAR#190. This limit would apply to, for example, children who are removed from their homes due to suspicions of parental/guardian abuse.

   2. Non-criminal detainment of intoxicated individuals is limited to a maximum of 6 hours per 7 day period. This may not be sufficient to allow individuals to be held for the duration of their intoxication.

   3. Six hours of administrative detainment for illegal immigrants may be insufficient to accurately determine where such individuals originated from prior to their deportation.

2. There are no exceptions granted for Clauses 1 & 2 with regards to “special circumstances.”

   1. Some suspects may be considered a “flight risk” if they are not detained while sufficient evidence is collected and compiled for the purposes of charging them with a crime. This process may take longer than the maximum time allowed.

   2. Some crimes, such as terrorist attacks or serial killings, may be especially complicated, which would require additional detainment time before charges can be formally filed. Such a circumstance is outlawed.

QUOTES the following line in the resolution’s text, which reads: “CLARIFIES that nothing in this resolution shall be interpreted as prohibiting any of the following,” and

SPECIFIES that the aforementioned phrasing does not in any way exempt the following items from any of the preceding clauses of the resolution. Therefore, “Involuntary psychiatric commitment” and “Medical quarantines” are not prohibited but are limited, such that they are only allowed for up to 6 hours within 7 days in the absence of criminal suspicion. As a result:

1. Individuals who undergo “involuntary psychiatric commitment” must be treated and released after 6 hours. Most psychiatric treatments take multiple days, if not weeks or months, to be fully effective. This 6 hour limit prevents WA member nations from providing effective treatment to these individuals.

2. An individual cannot be “medical(ly) quarantine(d)” for more than 6 hours. This negates the quarantining efforts as, even with appropriate treatment, individuals will typically remain contagious after such a short period of time.

HOPES that an improved version of the Habeas Corpus protections will be considered by this Assembly.

REPEALS GAR#190, Habeas Corpus Act.

Votes For: 8,944 (83%)
Votes Against: 1,775 (17%)

Implemented: Fri May 4 2012

Description: Emphasizing the importance of openness, transparency and accountability in government,

Believing that every citizen should have access to the official documents and records of their government, within reason,

The General Assembly,

1. Mandates that all World Assembly (WA) member nations release any official government documents or records requested by their citizens at minimal or no charge;

2. Clarifies that WA member nations may fulfill these obligations either on a per-request basis or through the general availability of one or more publications containing this information, or some combination of the two, so long as the information remains easily and readily accessible;

3. Permits WA member nations and the WA itself to place restrictions on the release of official government documents or records based on reasonable, legitimate and non-arbitrary criteria, such as the protection of privacy or national security interests;

4. Requests that WA member nations redact information from documents or records restricted under the above clause rather than prevent their distribution to the public;

5. Requires WA member nations to implement a fair judicial appeals process where their citizens may challenge these restrictions.

Co-authored by: Quadrimmina

Votes For: 6,396 (55%)
Votes Against: 5,168 (45%)

Implemented: Tue May 8 2012

Description: THIS WORLD ASSEMBLY,

RECOGNIZING the loophole in international law regarding human rights, a loophole which allows for human rights to be violated by member nations by the simple transfer of individuals outside of WA territory.

FURTHER RECOGNIZING the treaties, alliances, and other associations made between WA and non-WA nations that could provide the means and opportunity for such violations to occur.

HEREBY bans in all member nations the willful, knowledgeable transfer of any individual from a member nation to another jurisdiction by an individual, organization, or member state for the purposes of denying or violating any of the political or civil rights that are guaranteed to that individual in the jurisdiction of the member state by law.

URGES member nations to take action to, in a way compatible with national security interests, the interests of the individual(s) involved, applicable law, and practicality, restore those rights that were denied due to the transfer with the consent of the individual in cases in which such a transfer has taken place prior to the enactment of this resolution.

Votes For: 7,810 (70%)
Votes Against: 3,278 (30%)

Implemented: Sat May 12 2012