Description: The World Assembly,
ALARMED by the practice of arbitrary or indefinite detention of individuals;
DISTURBED by the continued detention of individuals after being cleared of wrongdoing or after serving their criminal sentences;
RESOLVED to prevent such practices and to grant relief to individuals being unjustly detained;
hereby MANDATES the following, subject to any limitations existing in prior international law:
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Member states shall not detain any individual, without suspecting that individual of a criminal offense, for more than two hours in any seven-day period. Member states may extend by a maximum of four additional hours the aforementioned two hour time limit if and only if doing so is necessary to protect the public safety or the safety of the individual being detained;
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Member states shall not detain any individual, solely on the suspicion that the individual has committed a criminal offense, for more than 36 hours without formally charging the individual with the offense. Periods of time in which the authorities responsible for formally charging the individual with a crime are not available to do so may be added to the aforementioned 36 hour time limit, to a maximum of 96 additional hours;
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Multiple separate detentions on suspicion of the same alleged criminal act shall cumulatively count towards the time limit in clause 2;
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Member states shall not detain any individual who has been formally charged with a crime, but who has not been convicted of that crime, for any longer than is necessary to provide that individual with a speedy trial in accordance with international law. If the charge is dismissed prior to the conclusion of the trial, member states shall no longer detain the individual on that charge, unless the charge is lawfully refiled;
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Member states shall not detain any individual for a particular criminal offense after that individual has been acquitted of that criminal offense unless, in accordance with international law, (1) the individual’s acquittal has been lawfully vacated and (2) the detention is for the purpose of a lawful retrial on the same charge;
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Member states shall not detain any individual for a particular criminal offense in excess of the individual’s lawful criminal sentence for that offense;
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Member states must allow all detained individuals to formally challenge the legality of their detention before an impartial adjudicator; should the adjudicator deem the individual’s detention to be in violation of either the member state’s domestic law or international law, the member state must immediately cure the illegality, including releasing the individual if necessary;
and CLARIFIES that nothing in this resolution shall be interpreted as prohibiting any of the following:
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Voluntary protective custody, with the fully informed, uncoerced consent of the individual in custody;
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Involuntary psychiatric commitment of mentally ill patients;
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The practice of double jeopardy or the ability of this Assembly to legislate on that topic;
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The detention of prisoners of war in accordance with international law; and
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Medical quarantines necessary to prevent a pandemic caused by an infectious pathogen.
More info: NationStates • View topic - [PASSED] Habeas Corpus Act