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[Fail] Repeal: “Preventing The Execution Of Innocents”

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General Assembly Resolution At Vote

Repeal: “Preventing The Execution Of Innocents”

A resolution to repeal previously passed legislation.

Category: Repeal

Resolution: GA#443

Proposed by: tinhampton__430964t2.pngTinhampton

General Assembly Resolution #443 “Preventing the Execution of Innocents” (Category: Civil Rights; Strength: Mild) shall be struck out and rendered null and void.

Recognising that, although Article 1 of GA#443 seemingly permits WA members to impose capital punishment upon criminals on their territory, such imposition is said to be "ubject to World Assembly legislation;"

Noting that this definition not only includes prior and unrepealed law as well as future regulation of capital punishment, but also incorporates the target resolution, which imposes a morass of bureaucracy - under the false banner of "compromise" - in order to neuter the possibility that the death penalty may be allowed, if not always then in many circumstances;

Aware that while Article 8 only sanctions executions if the suspect's case record has been certified in the past year (i.e. twelve months), Article 5a demands that the prosecuting member must "serially provide" the WACC's Judicial Committee's Capital Cases Division - or the Division - and all lawyers involved with their case six months each, summing to twelve months, to find any evidence that could lead to their exoneration; hence, either such evidence will be found and the execution must be deferred, or it has not and the execution must be planned hastily if at all;

Concerned at the mandate in Article 6 that, upon review, an execution can only be carried out with tools that definitely do not "cause pain or suffering," when in fact no apparatus on its own can painlessly end a sapient being's life, and some members desirous of capital punishment may not have any combinations of such apparatus that do meet the Article 6 requirements;

Fearful that, while Article 3 prohibits the prosecuting member from forcing the defending party into a position where their defence could be detrimentally affected, including genuine requests for evidence, Article 4f imposes double standards upon that member in forcing it to prove that "foreseeable" evidence which may "cast doubt" on the suspect's guilt cannot exist (although what level of proof is required is never defined); analogously, forcing the prosecuting party into a position where their prosecution could be detrimentally affected;

Disappointed that, even if GA#443 does indeed allow capital punishment on some occasions, Article 2's requirement for each country to only submit one case to the Division per million people per annum seemingly prohibits nations with six-figure populations and below from carrying it out at all, while requiring larger nations with multiple potential targets for submission - some of whom have committed the same crime - to occasionally make arbitrary choices;

Agreed that the death penalty is neither fair nor a deterrent and should be prohibited by the World Assembly; but also that the target resolution achieves only such a prohibition (in large part if not totally) by placing many more regulations on WA members than would normally be expected of a blanket ban on anything, and should thus be struck down; and

Reaffirming its belief, as stated in GA#438, that a sensible and forthright ban on the death penalty ought to replace the target resolution...

The General Assembly hereby repeals GA#443 "Preventing the Execution of Innocents."

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