- 11 Jun 2009 23:34
#13060863
Internal Affairs act No.1
The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.
All citizens above the age of 15 are to bare a passport issued by an IA ministry agency. All citizens below the age of 15 are to possess a birth certificate issued to the citizen's parents/guardians at birth.
The birth certificate holder is subject to the holder's parent/guardian's consent and is entitled to
- legal protection according to the bill of children's rights (to be passed later)
- education within ROP institutions
The passport entitles the holder to
- employment in any enterprise operating in the ROP
- independent travel within the ROP and across the border of ROP
- ownership of assets
- give free consent
- enter a marriage agreement
- testify and appear in court
- claim welfare
- bare firearms (unless a history of criminality or mental illness is documented)
- serve in the territorial reserve or the police force
The passport holder is obliged to
- pay tax in accordance to income or assets
- take personal responsibility in court
Enforcement
The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons
The police force
1) to be divided into district divisions (urban) and regional divisions (rural)
2) rank and file to be delegated by the district/regional citizens' councils, numbers subject to local decision. District/regional citizens' councils are to be held in venues designated by the IA ministry and their decisions subject to specific regulations to be created or altered at any time by the IA ministry.
3) presiding administrative body to be appointed by the IA ministry, local administrative bodies to be appointed by the IA ministry using rank and file cadres from (2). The local administrative bodies are to hold meeting sessions with the rank and file members on a monthly basis to discuss administrative issues. Reports of the meetings to be submitted to the IA ministry.
4) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
5) the police force has a right to detain the individual in (4) for a period of two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
6) the police force has the obligation to compile all laws broken by the individual in (4) and the respective evidence prior to passing the individual and his case to a court.
7) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault. A member of the police collective is subject to trial by law in case of violating (6).
8 ) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry.
Courts
1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4) (i)has the obligation to process the case of the individual on trial by considering the evidence provided by the police force and reach a verdict ("guilty" or "not guilty"). (ii)has the obligation to produce a sentence for the individual on trial subsequent to (i) reaching the verdict "guilty" basing on the criminal law code. (iii)has right of voice for the duration of the trial subject to local procedure.
5) (i) and (ii) are to be appointed by the Prime Minister in consultation with the IA Ministry for the High Court and by ballot for each Local Magistrate. Any citizen has the right to be in (iii).
6) court discipline is enforced by the police force
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 ) The trailed individual has the right to appeal to any court for the period of 1 month subsequent to the trial's conclusion. A maximum of two appeals are allowed
Intelligence service
1) The intelligence service is under the joint authority of the IA ministry and the defence ministry
Prisons
1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual sentences as "guilty" by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing
The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.
All citizens above the age of 15 are to bare a passport issued by an IA ministry agency. All citizens below the age of 15 are to possess a birth certificate issued to the citizen's parents/guardians at birth.
The birth certificate holder is subject to the holder's parent/guardian's consent and is entitled to
- legal protection according to the bill of children's rights (to be passed later)
- education within ROP institutions
The passport entitles the holder to
- employment in any enterprise operating in the ROP
- independent travel within the ROP and across the border of ROP
- ownership of assets
- give free consent
- enter a marriage agreement
- testify and appear in court
- claim welfare
- bare firearms (unless a history of criminality or mental illness is documented)
- serve in the territorial reserve or the police force
The passport holder is obliged to
- pay tax in accordance to income or assets
- take personal responsibility in court
Enforcement
The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons
The police force
1) to be divided into district divisions (urban) and regional divisions (rural)
2) rank and file to be delegated by the district/regional citizens' councils, numbers subject to local decision. District/regional citizens' councils are to be held in venues designated by the IA ministry and their decisions subject to specific regulations to be created or altered at any time by the IA ministry.
3) presiding administrative body to be appointed by the IA ministry, local administrative bodies to be appointed by the IA ministry using rank and file cadres from (2). The local administrative bodies are to hold meeting sessions with the rank and file members on a monthly basis to discuss administrative issues. Reports of the meetings to be submitted to the IA ministry.
4) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
5) the police force has a right to detain the individual in (4) for a period of two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
6) the police force has the obligation to compile all laws broken by the individual in (4) and the respective evidence prior to passing the individual and his case to a court.
7) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault. A member of the police collective is subject to trial by law in case of violating (6).
8 ) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry.
Courts
1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4) (i)has the obligation to process the case of the individual on trial by considering the evidence provided by the police force and reach a verdict ("guilty" or "not guilty"). (ii)has the obligation to produce a sentence for the individual on trial subsequent to (i) reaching the verdict "guilty" basing on the criminal law code. (iii)has right of voice for the duration of the trial subject to local procedure.
5) (i) and (ii) are to be appointed by the Prime Minister in consultation with the IA Ministry for the High Court and by ballot for each Local Magistrate. Any citizen has the right to be in (iii).
6) court discipline is enforced by the police force
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 ) The trailed individual has the right to appeal to any court for the period of 1 month subsequent to the trial's conclusion. A maximum of two appeals are allowed
Intelligence service
1) The intelligence service is under the joint authority of the IA ministry and the defence ministry
Prisons
1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual sentences as "guilty" by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing
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