GA Resolution: For the Wrongly Convicted

[Ananke II]

This is the discussion thread. Please go here to cast your vote.

For the Wrongly Convicted
A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Significant
Proposed by: The Ainocran Embassy


Description: Recognizing that as the wheels of justice turn sometimes the innocent are wrongly convicted of crimes.

Realizing that many sentences are later overturned for various reasons such as new evidence, witnesses, or new methodology but only after the accused has spent time incarcerated.

Noting that in most cases the individual suffers massive financial mental and social hardship or is rendered indigent by these circumstances and their records are tainted by these accusations for years to come.
REQUIRES that all persons who are vindicated of a crime in such a fashion have their records completely expunged of the incident by their respective governments.

MANDATES full restoration of all rights and privileges that would have normally been accorded them.
DECLARES that a minimum amount of financial restitution must be made to any victim of wrongful imprisonment and conviction by a government.

REQUIRES that any wages or social welfare lost during the time of incarceration, or, if both are not applicable, a reasonable amount arrived at by negotiation, be made in reparation to the victim of any case of wrongful conviction and imprisonment by a government.

REQUIRES that any wage or welfare restitution amount be adjusted for the normal cost of living increases for the time of incarceration.

PERMITS those wrongfully incarcerated to bring civil litigation against the government for the purpose of seeking a higher amount of restitution.

Notes that these standards are only the minimum and nations are always free to enact laws granting greater restitution should they deem it necessary or desirable.

REQUIRES that should a person perish in state custody and is exonerated post-mortem, that restitution as defined in this resolution either be:
a) Given and distributed by the Estate Trustee either with or without a will as per domestic law governing estates or
b) Given to the family who shall determine the distribution of the restitution based on local customs and/or religious traditions.

[Pompadoodle]

Hmmm....this is a tricky one.

I agree completely with the principles of the resolution. Its also well-constructed and well-written, so no problems there.

Nevertheless, I'd question whether the subject matter is any of the WAs business. There are few, if any, international ramifications to the resolution, and the WA is really supposed to be about relations between states.

So I'm doing my best to pass the buck. I've voted for delegate's perogative. Ananke is much more experienced in NS than I am, and I trust her judgement. I'd like to leave this one to her.

[Inutoland]

I'd go along with that. This is one that is admirable in intent and well-written, but it seems like a lot of what it's doing is just making work for lawyers. "Permits suits for higher restitution"? "Requires any wages that would have been due to them to be paid them for the time of their incarceration"?

Some lawyers are going to make megabucks arguing over what exactly is "due".

And I'm not sure I really approve of that. As Pomp says, not really any of the WA's business.

[ImperialPoland]

against

WA should stay out of sovereign nations' judiciary system.

[Cerb]

Agreed - the WA has no right to influence my judiciary system and I object to people being given the right to file lawsuits against my government.

I also have issues with reasonable restitution. I'll decide what is reasonable or whether I even allow re-trials.

It was a nice sentiment though.

[Guy]

Would have voted Yes had it not been for the exceptionally weak language.

[Sheynat]

Personally in favor-against because the WA shouldn't legislate these things for nations.

[Dinarii]

Also against. The fact has already been put out there, this is not an issue where the WA should be concerned.

[Takaram]

Against

[Echolilia]

"For the Wrongly Convicted" was passed 2,962 votes to 2,414.