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    (P(I)) International Justice Cooperation Instrument Act

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    (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Thu Sep 11, 2014 3:53 am

    INTERNATIONAL JUSTICE COOPERATION INSTRUMENT Act
    Written by United States of Europe / Esamir-Social Democratic Party


    INTRODUCTION
    Honorable colleagues,
    Recently,the international press after the release of impressive data on the extent and size of global underground economy,the region is plunged into crisis. The global transnational crime has grown dramatically,becoming more and more powerful,and becomes a more pressing threat to international stability. We can no longer look the other way,the time has come to fight. On the one hand,we call on all nations to launch local plans to combat and,above all,to prevent crime phenomena. On the other hand we need to have an international legal framework for this purpose,and we believe priority to create new multinational tools to fight crime,at the same time enhancing existing ones.
    We want to intensify global cooperation in the fight against crime. To this end,we have proposed the establishment of the International Justice Cooperation Istrumeny (or Intjust),the Regional Government body responsible for investigations and prosecutions concerning two or more Member States and relate to serious crime. Its role is to improve the coordination between the competent authorities of the Member States and facilitate their cooperation in judicial matters. Intjust will also play a vital role in the fight against terrorism.


    Section 1 - Composition,Competencies,Tasks


    Article 1 - Internal Composition


    - This decision establishes Intjust as an official body of the Regional Government with legal personality,included as supervised agency of the Esamir-Department of Security & Justice. Then,each Member State of the E-DSJ is also member of Intjust. The headquarters of the organization is in the Security Complex,in the Regional Government Island.
    - Each Member State must appoint a national member to Intjust headquarters: a prosecutor,judge or police officer (the latter must have competencies equivalent to the judge’s or the prosecutor’s) as Permanent National Liason Officer. It is to act on a 24-hour/7-day basis,operating as point of contact beetwen the organization and the member state.
    - All the Permanent National Liason Officer form the International Justice Board,responsible for the management of the organization,coordination tasks and for the resolution of disputes within the same.
    - The Secretary General of the Esamir-Department of Security & Justice is also the General Director of Intjust.
    - These national members are to be assisted by deputies and assistants. They are all subject to the national law of the Member State that appointed them. The length of the term of office of national members is a minimum of four years. The appointing Member State may renew the term. It also decides on the nature of the judicial powers conferred on its national representative.


    Article 2 - Tasks & Competencies


    - Regarding investigations and prosecutions (concerning at least two Member States) in relation to serious crime,Intjust has competence for:
    a) promoting coordination between the competent authorities of the various Member States;
    b) facilitating the execution of requests and decisions relating to judicial cooperation.
    - Intjust may fulfil its tasks through one or more of the National Permanent Liason Officers or as the Internatinal Justice Board. Intjust may ask the authorities of the Member States concerned,inter alia,to:
    a) undertake an investigation or prosecution;
    b) set up a Joint Investigation Team (see Section 2,Article 2,Paragraph 3);
    c) take special or other investigative measures.
    The national authorities are to respond to these requests without delay.
    - The International Justice Board issues non-binding opinions in cases where two or more national members are unable to resolve conflicts of jurisdiction as well as where competent authorities report recurrent refusals for, or other difficulties relating to,judicial cooperation.
    - Each Member State is to appoint one or more national correspondents for Intjust. Each Member State is also to set up a Intjust national coordination system (National Contact Points) to coordinate the work of the national correspondents.


    Article 3 - Data Exchange


    - Intjust may only process data on persons who are suspected of having committed,or have been convicted of,an offence for which Intjust has competence,as well as on victims and witnesses. The types of data that can be used include the person’s identity (full name, date and place of birth, nationality, contact details, profession, social security numbers, identification documents, DNA profiles, photographs, fingerprints, etc.) and the nature of the alleged offences (criminal category, date and place of the offence, type of investigation, etc.).
    - A case management system with temporary work files and an index for personal and non-personal data is to be set up by Intjust.
    - Personal data are accessible only to National Permanent Liason Officers and their deputies and assistants,to persons participating in Intjust national coordination systems who are connected to the case management system, as well as to authorised organization staff. It should be noted that the obligation of confidentiality continues to apply after the termination of their activities with Intjust.


    Section 2 - International Justice Cooperation Framework


    Article 1 - Request of Judicial Assistance


    - As a general rule,requests for mutual assistance between two or more Nations are made in writing,transmitted and executed directly by the judicial authorities with territorial competence. However,certain requests must be sent via the central authorities of the specific State (requests for temporary transfer or transit of persons held in custody, and sending of notices of information from judicial records). In emergencies,requests may be made via Intjust.
    - The State which is requested to provide mutual assistance (Requested State) must comply with the formalities and procedures specified by the State which made the request (Requesting State) and shall execute the request as soon as possible, taking as full account as possible of the procedural deadlines indicated.
    - States must send procedural documents intended for persons who are in the territory of another State to them directly by post. In some cases,the documents may be sent via the competent authorities of the requested State.
    - A judicial authority or a central authority in one State may make direct contact with a police or customs authority from another State or,in respect of requests for mutual assistance in relation to proceedings,with an administrative authority from another State. States may refuse to apply this clause or choose to apply it under certain conditions.
    - A spontaneous exchange of information (i.e. without prior request) may take place between Member States regarding criminal offences and administrative infringements the punishment or handling of which falls within the competence of the receiving authority.


    Article 2 - Specific Forms of Judicial Assistance


    - Stolen objects that are found in another State are to be placed at the disposal of the requesting State with a view to their return to their rightful owners.
    - A person held on the territory of a State which has requested an investigation may,with the agreement of the competent authorities,be temporarily transferred to the territory of the State in which the investigation is to take place. Where it is required by one of the Member States, the consent of the person concerned is necessary before he can be transferred.
    - Two or more States may set up a Joint Investigation Team the composition of which is to be set out in a joint agreement between the States concerned. The team would be set up for a specific purpose and for a limited period of time. An official from the State in which the team is operating would coordinate and lead its activities in the territory of that State.
    - Covert investigations may also be carried out by officers acting under covert or false identity, provided that the national law and procedures of the Member State where the investigations take place are complied with.


    Interception of Telecommunications


    - The interception of telecommunications may be done at the request of a competent authority from another State - a judicial authority or an administrative authority designated for the purpose by the State concerned. Communications may either be intercepted and transmitted directly to the requesting Member State or recorded for subsequent transmission.
    - Interception may also take place on the territory of a State in which earth satellite equipment is located. In this case, if the technical assistance of that State is not required, the interception is carried out by the service providers in the requesting State. Where interception takes place on the territory of a particular State because of the location of the subject but no technical assistance is needed, the Member State carrying out the interception should inform the other Member State of its action.
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    Schedule and Information

    Post by Kaevi on Thu Sep 11, 2014 7:37 am

    The first debate term shall now begin and end on September 14, 2014, at 00:00 UTC. Two debate term renewals are possible with two requests along with the Minister of Internal Affairs's approval, or with four requests without said approval. Votes cast during a debate term will not be counted.

    The author of a proposal may request the revocation of the act proposed, but must sign a revocation declaration, provided by the Minister of Internal Affairs. At least four members of the Esamir Assembly must be present during the voting session in order for a proposal to be considered passed or rejected. Any vote of abstention will be considered vote in favor.

    The voting session shall begin immediately following the September 14, 2014, expiration date. The voting session shall last four days, ending on September 18, 2014, at UTC 00:00.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Fascesia on Thu Sep 11, 2014 7:58 am

    Isn't this a giant circumscription for extradition agreements?
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Eurasia on Thu Sep 11, 2014 8:01 am

    Europe likes to write things.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Fascesia on Thu Sep 11, 2014 8:05 am

    That's no problem. Yet I like short and clear announcements
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Federation of Antanares on Thu Sep 11, 2014 9:04 am

    If there are any kind of constriction for the nations, like a constriction to share informations ... for example, if an information is considered vital for the safe of Antanares, Can I refuse to collaborate?
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Thu Sep 11, 2014 7:34 pm

    For Fascesia: Judicial co-operation covers all possible materials, including extraditions. So this law also provides a framework for this type of agreement.

    For Antanares: It would be preferable,not only bilaterally but also in the context of Intjust,always accept to cooperate. However,if the information is such as to endanger your safety or national,you may also refuse cooperation.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Fascesia on Thu Sep 11, 2014 9:42 pm

    As Fascesia is not a member of the E-DSJ and therefore will not be affected by any of these terms I accept.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Fri Sep 12, 2014 2:48 am

    Fascesia wrote:As Fascesia is not a member of the E-DSJ and therefore will not be affected by any of these terms I accept.
    If you are not members of the organization, only Section 1 does not concern you. Section 2 is a piece of international law, shall be binding on all nations. However, it is basic norms, accepted in all countries of the world, so you need not worry. They are not harmful to your sovereignty, if you know what I mean.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Fascesia on Fri Sep 12, 2014 2:58 am

    United States of Europe wrote:
    Fascesia wrote:As Fascesia is not a member of the E-DSJ and therefore will not be affected by any of these terms I accept.
    If you are not members of the organization, only Section 1 does not concern you. Section 2 is a piece of international law, shall be binding on all nations. However, it is basic norms, accepted in all countries of the world, so you need not worry. They are not harmful to your sovereignty, if you know what I mean.

    Oh... I just skimmed Section 2 (I don't know if you're really saying 'to skim'). After careful reading I will not agree with these terms
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Fri Sep 12, 2014 3:25 am

    Fascesia wrote:
    United States of Europe wrote:
    Fascesia wrote:As Fascesia is not a member of the E-DSJ and therefore will not be affected by any of these terms I accept.
    If you are not members of the organization, only Section 1 does not concern you. Section 2 is a piece of international law, shall be binding on all nations. However, it is basic norms, accepted in all countries of the world, so you need not worry. They are not harmful to your sovereignty, if you know what I mean.

    Oh... I just skimmed Section 2 (I don't know if you're really saying 'to skim'). After careful reading I will not agree with these terms
    I respect your opinion. However, in order to improve the law, I would like to know your reasons. Eventually you can amend the text.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Fascesia on Fri Sep 12, 2014 7:56 am

    There aren't just a few little reasons, I disagree with mostly everything especially Telecommunication Interceptions. And if this is going to get through I will maybe not comply.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Australian Eltebena on Fri Sep 12, 2014 9:01 am

    Eltebena cannot agree to this in its current form. Is Eltebena able to move amendments?
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Ireland on Fri Sep 12, 2014 9:06 am

    We agree in full
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Fri Sep 12, 2014 9:12 am

    Eltebena wrote:Eltebena cannot agree to this in its current form. Is Eltebena able to move amendments?
    Of course.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Australian Eltebena on Fri Sep 12, 2014 1:19 pm

    Eltebena will agree if the final paragraph is altered in the following way

    Interception may also take place on the territory of a State in which earth satellite equipment is located. In this case, if the technical assistance of that State is not required, the interception is carried out by the service providers in the requesting State. Where interception takes place on the territory of a particular State because of the location of the subject but no technical assistance is needed, the Member State carrying out the interception must ask for the permission of the other Member State of its action.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Fri Sep 12, 2014 8:05 pm

    Eltebena wrote:Eltebena will agree if the final paragraph is altered in the following way

    Interception may also take place on the territory of a State in which earth satellite equipment is located. In this case, if the technical assistance of that State is not required, the interception is carried out by the service providers in the requesting State. Where interception takes place on the territory of a particular State because of the location of the subject but no technical assistance is needed, the Member State carrying out the interception must ask for the permission of the other Member State of its action.
    We accept this amendment.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Australian Eltebena on Fri Sep 12, 2014 10:02 pm

    Eltebena will then support the proposed act. Thank You!
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Tkhri on Sat Sep 13, 2014 6:45 am

    Here are my concerns:

    • Section 1, Article 1, paragraphs 2 and 3: Due to the way NationStates runs, players are nations. It should be by nation not by citizens of nations.
    • Section 1, Article 3, paragraph 1: I will only agree to this paragraph if the suspect gives consent to collecting, using, and processing their identity.

    • Section 2, Article 3- Interception of Telecommunications: I agree with Fascesia on this one (
      Fascesia wrote:I disagree with mostly everything especially Telecommunication Interceptions.
      )

    • I don't feel like this needs to be as international as you are making it. You even say,
      United States of Europe wrote:we call on all nations to launch local plans to combat and,above all,to prevent crime phenomena.
      .
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Sat Sep 13, 2014 7:50 pm

    Section 1, Article 1, paragraphs 2 and 3: Due to the way NationStates runs, players are nations. It should be by nation not by citizens of nations.
    In fact it is already so. On the law,for reasons of consistency,we have preferred to speak of citizens of nations. But, from the point of view of the role play,will be directly nations,or the player,to exercise that role.


    Section 1, Article 3, paragraph 1: I will only agree to this paragraph if the suspect gives consent to collecting, using, and processing their identity.
    We do not share your position. Of course the police and the judiciary, in every nation,gather evidence,information,DNA profiles of suspects without their consent. It would not make sense for a criminal,facilitate the work of the investigators giving permission for the use of personal data. If he had the opportunity,would not give the permission,in fact,thus blocking the investigation.
    Here it comes to judicial authorities from more nations,wich to conduct coordinated and shared investigations,continually exchange information relating to the case in question. We do not see where the problem is.


    I don't feel like this needs to be as international as you are making it.
    Instead, in a context in which the crime takes on a more and more global, it is not necessary, but essential to have a minimum legal framework on which the competent authorities can act. This bill does just that: on the one hand,create appropriate tools to deal with the crime, on the other hand have a minimum legal right in this regard. However, these are basic rules, having established them in a law is almost a formality. In the real world, all countries accept these rules and make use of, so we do not see where the problem is. Therefore, if you have proposals to amend these rules, we invite you to submit as an amendment. I want to clarify, the text is open to any type of change. If you have any suggestions for improvement, then present the amendments.


    Section 2, Article 3- Interception of Telecommunications: I agree with Fascesia on this one
    We do not see any problem about this item. However, we respect your opinion and invite you to make the amendments, in order to improve the article cited above.


    To be fair, given in full which we pronounced the sentence, from which you have just extrapolated a short quote:
    "On the one hand,we call on all nations to launch local plans to combat and,above all,to prevent crime phenomena. On the other hand we need to have an international legal framework for this purpose,and we believe priority to create new multinational tools to fight crime,at the same time enhancing existing ones."
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    Final Vote

    Post by Kaevi on Sun Sep 14, 2014 11:47 am

    The first debate term has ended without a valid petition to renew. This act shall now enter the voting session for approval or rejection. The voting session will end on September 18, 2014, at 00:00 UTC.

    Assembly members may cast a vote of for, against, or abstention. Any vote(s) of abstention will be counted as a vote in favor during the final count. Four votes are needed in order for this proposal to be passed or rejected. Failure to reach the minimum of four votes will cause this proposal to be dismissed from the Esamir Assembly.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Australian Eltebena on Sun Sep 14, 2014 4:15 pm

    Eltebena votes in favour as long as our proposed amendment shown below is included.

    Interception may also take place on the territory of a State in which earth satellite equipment is located. In this case, if the technical assistance of that State is not required, the interception is carried out by the service providers in the requesting State. Where interception takes place on the territory of a particular State because of the location of the subject but no technical assistance is needed, the Member State carrying out the interception must ask for the permission of the other Member State of its action.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Federation of Antanares on Sun Sep 14, 2014 9:46 pm

    Antanares votes in favour of the proposal, with all the modifications, included the one of Eltebena.
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by Fascesia on Mon Sep 15, 2014 12:39 am

    Fascesia votes against, even with the amendments
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    Re: (P(I)) International Justice Cooperation Instrument Act

    Post by United States of Europe on Mon Sep 15, 2014 5:25 am

    We vote in favour,with all amendaments.

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