Post by Sheynat on Feb 21, 2009 1:43:12 GMT -5
Fairness in Criminal Trials
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: Gobbannium
Description: The World Assembly,
UNDERSTANDING that anyone may be accused of a criminal act, whether innocent or not;
DESIRING that the innocent not be wrongly punished and that the guilty not be wrongly exonerated;
BELIEVING that rigorous examination of evidence will aid this cause;
RECOGNISING that nations have many different equally valid legal systems;
OBSERVING that persons from many nations travel to other nations for a variety of reasons;
CONVINCED that agreement amongst member states on the basic legal rights of individuals concerning trials can further protect travellers and improve relations between nations;
MANDATES that all persons charged with criminal offences in the jurisdictions of member nations shall be brought to trial with such reasonable speed as is consistent with both prosecution and defence properly assembling available relevant evidence;
DEFINES "criminal offences" as those prosecuted by the state or a state-appointed actor;
REQUIRES that such trials be directed impartially by someone competent in the area of law concerned;
REQUIRES further that such trials be adjudicated impartially by person or persons competent to understand the proceedings;
COMMENDS to the consideration of member nations a jury of the accused's peers as such trial adjudicators;
INSISTS that the accused be permitted expert representation by a professional versed in the area of law concerned;
INSISTS that the accused and their representative be permitted to confer in private as regards the facts and presentation of the case, and that no part of such a conference may be revealed to any third party without the explicit permission of the accused;
FURTHER INSISTS that governmental or charitable mechanisms be set up to provide such representation to those accused otherwise unable to afford it;
REQUIRES that the accused be capable of understanding proceedings, through the provision by the court of translators and carers as necessary;
REQUIRES that evidence-giving, any addressing of the trial adjudicators by either the prosecution or defence, and any procedural or legal directives made by the trial director shall be open and transparent, excepting that individual evidence-giving may be done with the public excluded if the trial director agrees that openness would present a risk to national security;
OBSERVES that ceremonial or religious activities of the court not related to evidence-giving, addressing the trial adjudicators, or directing the course of the trial may or may not be required to be open at the determination of member nations;
FORBIDS prejudicial public discussion of a trial and prejudicial private discussion with the trial adjudicators while the trial is in progress;
REQUIRES that the accused, through their representative, be permitted to question those who bear witness against them;
ALLOWS that the identity of witnesses may be concealed as deemed appropriate by the trial director, provided there are reasonable grounds to fear that the witnesses concerned may otherwise be endangered or unfairly coerced;
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;
OPINES that a trial should be held reasonably locally to the place of commission of the crime;
HEARTILY RECOMMENDS the use of a verdict of "Not Proven" where the trial adjudicators think it appropriate.
Votes For: 706
Votes Against: 319
[Delegate Votes]
Voting Ends: Tue Feb 24 2009