Cruel and Inhumane Treatment Bill [Passed] (user search)
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  Cruel and Inhumane Treatment Bill [Passed] (search mode)
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Author Topic: Cruel and Inhumane Treatment Bill [Passed]  (Read 5911 times)
Verily
Cuivienen
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Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« on: November 29, 2007, 01:33:13 AM »
« edited: December 25, 2007, 11:45:30 AM by Verily »
Cruel and Inhumane Treatment Bill

1. The government of Atlasia officially condemns the practice of torture and affirms the principles of the Geneva Conventions as well as its commitment to its prohibition of cruel, degrading, inhumane, and/or humiliating treatment of suspects or prisoners.
2. No evidence obtained from the use of torture will be admissable as valid in a court of law.
3. All branches over which the Atlasian government has jurisdiction, including the military, are required to accord to non-citizens all of the relevant rights of citizens (namely, the right to a fair trial and the right to be free of cruel, degrading, inhumane and/or humiliating treatment).
4. The government of Atlasia will refuse to return any person to their home country if there is any chance that they will be tortured.

Sponsor: Ebowed
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #1 on: November 29, 2007, 01:35:17 AM »
« Edited: November 29, 2007, 01:38:22 AM by Verily »
I have a problem with Clause 3 of this bill, which implies that the military must offer fair trials even for enemies on a battlefield (that is, active combatants, not captives). Clearly, this is absurd. I will be considering a way to amend the bill to remove this problem.

Also, "any chance" seems strong, given that even some developed countries (such as Japan) still have legal torture proceedings that, could, theoretically, be applied, though they never are. I therefore motion to amend Clause 4 to read "a reasonable possibility" instead of "any chance".
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #2 on: November 30, 2007, 01:17:35 PM »
We are now voting on the following amendment:

Quote
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Please vote Aye, Nay or Abstain.
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Verily
Cuivienen
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*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #3 on: November 30, 2007, 01:18:16 PM »
Aye
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #4 on: December 03, 2007, 08:43:51 PM »
Updated Tally on Verily's Amendment
Aye: 4 (Verily; afleitch; Moderate; Sensei)
Nay: 2 (Earl; Ebowed)
Abstain: 1 (SoS)
Yet to Vote: 3 (Brandon; Friz; Sam)
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #5 on: December 04, 2007, 03:20:43 PM »
Result on Verily's Amendment
Aye: 5 (Verily; afleitch; Moderate; Sensei; Brandon)
Nay: 2 (Earl; Ebowed)
Abstain [Voted]: 1 (SoS)
Abstain [Didn't vote]: 2 (Friz; Sam)

With five in favor and one declared abstention, the amendment passes.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #6 on: December 04, 2007, 03:21:49 PM »
We are now voting on the following amendment. Please vote Aye, Nay or Abstain.

Quote from: Senator Speed of Sound on November 29, 2007, 02:17:22 PM
I request an amendment to clause three so that it states:


3. All branches over which the Atlasian government has jurisdiction, including the military, are required to accord to non-citizens all of the relevant rights of enemy combatants (namely, the right to be free of cruel, degrading, inhumane and/or humiliating treatment). Enemy combatants in a declared war shall be held, but not prosecuted, and traded or released back to their country. These decisions shall be made by military leaders. When in undeclared wars/terroristic acts, enemies participants caught shall be given a fair trial and read all relevant rights of a citizen.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #7 on: December 05, 2007, 06:25:18 PM »
Nay. I have to agree with Ebowed about my dislike of the term "enemy combatant" as an arbitrary designation; we must return to the standard status of PoWs only. Therefore, I would support an amendment restating the rights of PoWs separate from the rights ennumerated in Section 3 (which would not be applied to PoWs necessarily). Any and all civilians should be treated with the rights of citizens, but Section 3 is currently too broad in its scope.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #8 on: December 06, 2007, 02:52:12 PM »
Tally on Speed of Sound's Amendment
Aye: 2 (Brandon; Speed of Sound)
Nay: 5 (Ebowed; Verily; Friz; Sensei; Afleitch)
Yet to Vote: 3 (Earl; Moderate; Sam)
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #9 on: December 06, 2007, 08:13:57 PM »
Result on Speed of Sound's Amendment
Aye: 2 (Brandon; Speed of Sound)
Nay: 6 (Ebowed; Verily; Friz; Sensei; Afleitch; Moderate)
Yet to Vote: 2 (Earl; Sam)

With six opposed, the amendment fails.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #10 on: December 09, 2007, 04:16:27 PM »
« Edited: December 09, 2007, 05:04:42 PM by Verily »
I motion for an amendment to add the following text to Section 3, and to insert a new Section 4 before the current Section 4 (renumbered as Section 5) clarifying the status of Prisoners of War:

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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #11 on: December 13, 2007, 02:39:19 PM »
We are now voting on the following amendment. Please vote Aye, Nay or Abstain.

3. All branches over which the Atlasian government has jurisdiction, including the military, are required to accord to non-citizens, excepting Prisoners of War and enemies active on the field of combat, all of the relevant rights of citizens (namely, the right to a fair trial and the right to be free of cruel, degrading, inhumane and/or humiliating treatment).
4. The Atlasian government reaffirms its commitment to the Geneva Conventions in its treatment of Prisoners of War, to which the government of Atlasia shall submit Prisoners of War in all cases whatsoever. All captives from wartime or other periods of active combat shall be designated as Prisoners of War and no other term.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #12 on: December 13, 2007, 02:45:37 PM »
Aye
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #13 on: December 14, 2007, 12:31:48 PM »
Tally on Verily's Amendment
Aye: 5 (Verily; SoS; Sensei; Ebowed; Moderate)
Nay: 1 (Sam)
Yet to Vote: 4 (Afleitch; Brandon; Earl; Friz)
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #14 on: December 14, 2007, 11:45:24 PM »
Tally on Verily's Amendment
Aye: 6 (Verily; SoS; Sensei; Ebowed; Moderate; Earl)
Nay: 1 (Sam)
Abstain [Didn't vote]: 3 (Afleitch; Brandon; Friz)

With six in favor, the amendment passes.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #15 on: December 16, 2007, 02:47:32 AM »
Debate having ceased for more than twenty-four hours, I motion for a final vote.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #16 on: December 16, 2007, 02:49:25 AM »
We are now voting on the final passage of the following legislation. Please vote Aye, Nay or Abstain.

Cruel and Inhumane Treatment Bill

1. The government of Atlasia officially condemns the practice of torture and affirms the principles of the Geneva Conventions as well as its commitment to its prohibition of cruel, degrading, inhumane, and/or humiliating treatment of suspects or prisoners.
2. No evidence obtained from the use of torture will be admissable as valid in a court of law.
3. All branches over which the Atlasian government has jurisdiction, including the military, are required to accord to non-citizens, excepting Prisoners of War and enemies active on the field of combat, all of the relevant rights of citizens (namely, the right to a fair trial and the right to be free of cruel, degrading, inhumane and/or humiliating treatment).
4. The Atlasian government reaffirms its commitment to the Geneva Conventions in its treatment of Prisoners of War, to which the government of Atlasia shall submit Prisoners of War in all cases whatsoever. All captives from wartime or other periods of active combat shall be designated as Prisoners of War and no other term.
5. The government of Atlasia will refuse to return any person to their home country if there is a reasonable possibility that they will be tortured.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #17 on: December 16, 2007, 02:50:25 AM »
Aye
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #18 on: December 17, 2007, 12:10:21 PM »
Tally on Final Passage
Aye: 3 (Verily; Ebowed; Sensei)
Nay: 0
Yet to Vote: 6 (Brandon; Earl; Friz; Moderate; Sam; SoS)
Absent: 1 (Afleitch)
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #19 on: December 17, 2007, 05:32:14 PM »
Tally on Final Passage
Aye: 5 (Verily; Ebowed; Sensei; Earl; SoS)
Nay: 0
Yet to Vote: 4 (Brandon; Friz; Moderate; Sam)
Absent: 1 (Afleitch)

With five in favor and nine Senators present, this bill has enough votes to pass. Senators have twenty-four hours to change their votes.
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Verily
Cuivienen
Atlas Icon
*****
Posts: 16,663


Political Matrix
E: 1.81, S: -6.78
« Reply #20 on: December 24, 2007, 03:44:45 PM »
Mr. President, just a reminder that there are two days left in which this legislation may be signed or vetoed.
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