Arcacia, Cill Orglan, Cattala and Lycanthia VS Syldavia

PROSECUTION: Republic of Arcacia, Lycanth Republic, Cónaidhm Poblachtach na Cill Orglan & the Royal and Holy Kingdom of Cattala
DEFENDANT:Socialist Republic of Syldavia
CHARGES:
- Violation of the Constitution of the Alliance of Independent Nations - sections 2.21 and 2.31.1.
- Sharing intelligence with a rogue state [Democratic People's Republic of Korea] in a non-transparent manner that may compromise the security of Alliance of Independent Nation states.

DETAILS: The Socialist Republic of Syldavia has freely admitted to executing citizens by torturous and cruel methods [firing squad]. This breaches the constitution, as in sections 2.21 and 2.31.1 it says:

[2.21] Everyone has the right to life & liberty
[2.3] No one shall be executed under law in the following terms:
[2.31.1] Death by Firing Squad

The Democratic People's Republic of Korea (North Korea) is a dictatorial collectivist totalitarianist State which poses a threat to regional and global security. By secretly sharing intelligence with this regime, Syldavia has placed Member States of the Alliance of Independent Nations at risk. Despite an assurance to Arcacia by Syldavia that they had ceased relations with North Korea, it was later revealed that this was done only to avoid sanctions.

REMEDY: Military and trade sanctions, no trade with Syldavia on any level except for the purposes of humanitarian aid when humanitarian aid is required. Any further sanctions are at the discretion of individual governments. Sanctions will not be lifted until Syldavia has:
a) Ceased all relations with North Korea, excluding for diplomatic dialogue for the purpose of maintaining regional cohesion.
b) Made public any and all information shared between North Korea and Syldavia.
c) Syldavia is to cease and desist executing prisoners by means except for those methods outlined in section 2.3.2 in the Union Constitution.

RECUSAL: The complainants seek that the Chief Justice, Mr Julien D, recuse himself from the case due to a clear conflict of interest.

Note: Diplomatic discussions between the Royal and Holy Kingdom of Cattala and the Socialist Republic of Syldavia failed, resulting in their support for this case.

as Thomas said, I can't be judge in this case, Dan and Thomas either, so any voluntary?

P.S. Thanks Thomas it's more clear now

I doubt i can be judge considering my nation has sanctions against Syldavia.

If not then ill join the complainants.

Neil wrote:I doubt i can be judge considering my nation has sanctions against Syldavia.

If not then ill join the complainants.

You can't really be judge, the judge need to be totally Neutral. Same for the Jury. They need to be Neutral at the start and after the end of the case, they'll change their mind on a side.

Consider me a voluntary...Im balanced between both sides...

Julien wrote:

Neil wrote:I doubt i can be judge considering my nation has sanctions against Syldavia.

If not then ill join the complainants.

You can't really be judge, the judge need to be totally Neutral. Same for the Jury. They need to be Neutral at the start and after the end of the case, they'll change their mind on a side.

Thought so (remember this case is still under jurisdiction of the old constitution as we are STILL waiting on one vote to pass the new judicary section )

Add me to the complainants then please...

Who wants to be judge?

Spy9600 wrote:Consider me a voluntary...Im balanced between both sides...

I think Spy does.

I can be judge if need be.

I'd gladly judge this case with impartiality and scrutiny of all available evidence and the unique constitutional issues of the case.

Plaintiffs: Arcacia, Cill Orglan, Lycanthia and Cattala.
Defendant: Syldavia
Judge: Spy9600
Jury: Liberater444, woodb3kmaster, emgmod, bonythonboi

Spy, you start the case when we have at least five jury members, and then run it all until voting is done via PM.

I will volunteer to be part of the jury.

Impartial mode:
I think it should be fine with three jury members. Spy, start the case whenever you want. We'll do it in this thread, rather than on Skype.

I'll be on the jury

:ain: Court Case Opened: :ain:
Details on the case:
COMPLAINANTS: Republic of Arcacia, Lycanth Republic, Cónaidhm Poblachtach na Cill Orglan & the Royal and Holy Kingdom of Cattala
DEFENDANT:Socialist Republic of Syldavia
JUDGE: Spy9600 [Atlantic Federation]
JURY: Liberater444 [Tirnreich], woodb3kmaster [Lower Columbia], emgmod [Illu'a], bonythonboi [Calaré].
CHARGES:
- Violation of the Constitution of the Alliance of Independent Nations - sections 2.21 and 2.31.1.
- Sharing intelligence with a rogue state [Democratic People's Republic of Korea] in a non-transparent manner that may compromise the security of Alliance of Independent Nation states.

DETAILS:
According to the complainants
The Socialist Republic of Syldavia has freely admitted to executing citizens by torturous and cruel methods [firing squad]. This breaches the constitution, as in sections 2.21 and 2.31.1 it says:

[2.21] Everyone has the right to life & liberty
[2.3] No one shall be executed under law in the following terms:
[2.31.1] Death by Firing Squad


The Democratic People's Republic of Korea (North Korea) is a dictatorial collectivist totalitarianist State which poses a threat to regional and global security. By secretly sharing intelligence with this regime, Syldavia has placed Member States of the Alliance of Independent Nations at risk. Despite an assurance to Arcacia by Syldavia that they had ceased relations with North Korea, it was later revealed that this was done only to avoid sanctions.

REMEDY:
According to the complainants:
Military and trade sanctions, no trade with Syldavia on any level except for the purposes of humanitarian aid when humanitarian aid is required. Any further sanctions are at the discretion of individual governments. Sanctions will not be lifted until Syldavia has:
a) Ceased all relations with North Korea, excluding for diplomatic dialogue for the purpose of maintaining regional cohesion.
b) Made public any and all information shared between North Korea and Syldavia.
c) Syldavia is to cease and desist executing prisoners by means except for those methods outlined in section 2.3.2 in the Union Constitution.

RECUSAL: The complainants seek that the Chief Justice, Mr Julien D, recuse himself from the case due to a clear conflict of interest.

Note: Diplomatic discussions between the Royal and Holy Kingdom of Cattala and the Socialist Republic of Syldavia failed, resulting in their support for this case.

I call for the complainants:
Please present your evidences against the Socialist Republic of Syldavia:

The Royal and Holy Kingdom of Cattala finds the Socialist Republic of Syldavia in breach of the Alliance of Independent Nations Constitution, specifically Article 2.21 which states: Everyone has the right to life & liberty and Article 2.31, which states: 2.3:No one shall be executed under law in the following terms:
specifically sub article 2.31.1: Death by Firing Squad

The Socialist Republic of Syldavia has confessed in a statement to the Royal and Holy Kingdom of Cattala that it, quote: "is practising the execution by shooting.". This breaches the said articles and sub articles.

Thank you, your Honour.


Note: The issue of North Korean intelligence will be raised by the Republic of Arcacia and the Lycanth Republic later on in the trial.

Syldavia is a democratic country that doesn't have any implications in the actions of North Korea. It is true that we have exchanged information with North Korea, but they were confidential and not very important and had nothing to do with any of the countries of the Alliance. You understand that we can not tell you more. A plebiscite is being prepared to determine the choice of the citizens of Syldavia about the death penalty and how to do it. The complainants have no proof of what they said: "it was later revealed that this was done only to avoid sanctions". That charge is untrue. About the Remedy:
a) Ceased all relations with North Korea, excluding for diplomatic dialogue for the purpose of maintaining regional cohesion. ACCEPTED
b) Made public any and all information shared between North Korea and Syldavia. REFUSED, except if the information are about any AIN nation
c) Syldavia is to cease and desist executing prisoners by means except for those methods outlined in section 2.3.2 in the Union Constitution. PENDING, we are waiting for the plebiscite

Thank you, your Honour.

Side note: The issue of North Korea is not being discussed yet, so the prosecution request that this statement be changed to remove the statement on North Korea until later on in the defence.

Plebiscite or no plebiscite, it is against the Constitution for you to execute people by firing squad. We find this statement unhelpful and does not resolve the issue. If the public decide that there should be executions by firing squad, Syldavia will continue to be in breach of the Constitution.

Statement from the Prosecution

Is it true that the Socialist Republic of Syldavia declared to execute prisioners using firing squads?
Actually, it's the same system as in China.

If it is, in which conditions it happens?
In fact, this execution is the worst compared to lethal injection witch is also used. So you have to do a very horrible crime or tons of them to be executed by "firing squad".

When were the firing squads adopted?
It was adopted since 1945.

BUMP.
Any words from Syldavia?