Right to Remedy and Justice
-Everyone is guaranteed the protection of their fundamental rights and freedoms and is entitled to find a remedy in the law for all injuries and wrongs which are received by one’s person, privacy, property, or reputation.
-Victims who have suffered a violation of their human or civil rights have the right to an effective remedy and reparation, timely indemnification, compensation for damages or injuries, and the restoration of justice.
-All people are entitled to obtain justice by law: freely, completely, and promptly.
-Everyone in their right to exercise the protections of the law shall have access to independent and impartial courts, be able to apply for the preservation or restoration of justice, be able to initiate civil proceedings to defend their rights and freedoms, and be able to represent their concerns and be recognized by official bodies of law and public administration.
Just Administrative Action
-Everyone has the right to just administrative action that is lawful, procedurally fair, and reasonable.
-Everyone whose rights and freedoms have been adversely affected by administrative action has the right, to receive full disclosure of information and be given the reasons in writing, and be granted the right of a fair review by an independent and impartial court of law.
-Everyone has the right to file complaints against public officials in violation of the law or dereliction of duty and file grievances or petitions to the competent public authority and to be given a pertinent response to the matter within a reasonable length of time.
Access to Courts
-Everyone has the right to be protected by the courts in the enjoyment and exercise of their natural human rights and constitutional guarantees.
-Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. No one shall be deprived of the right to have their case examined by a court of law.
Due Process and Equal Protection – No Unlawful Arrest and Detention
-No person shall be deprived of life, liberty, property, privileges, or immunities, or in any manner disenfranchised without the due process of law. No person shall be denied the equal protection of the law.
-No person shall be arrested, except upon commission of a crime which violates a person’s human rights, and in a manner that respects human dignity and which upholds the law.
-The law guarantees the right to due process, legal defense, and to plural, prompt, appropriate, free, and transparent justice without delays.
-No one may be subjected to legal sanction without having been previously heard and tried pursuant to due process. No one shall be subject to a criminal sanction that has not been imposed by a competent judicial administrator and upheld by a jury as a final judgement.
No searches or seizures / No invasion of Privacy
-Everyone has the right to be secure in their person, home, property, papers, correspondence, and other possessions against unreasonable searches or seizures, invasions of privacy, and interceptions of communications by eavesdropping devices or other means.
Warrants
-No warrant shall be issued without probable cause, supported by affidavit, oath or affirmation, and specifically describing the places to be searched and the persons or objects to be seized.
Rights after Indictment / Rights of the Accused
-No person shall be tried, sentenced, or held to answer for a criminal offense except by a competent court and by the procedure of law whereupon the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing to establish probable cause.
Arrested, Detained, and Accused Persons
–No Arbitrary Arrest or Detention: Personal liberty is inviolable and no one shall be subjected to arbitrary arrest or detention.
–Humane Treatment while Detained: Everyone who has been arrested, detained, or imprisoned has the inviolable right to their personal integrity and shall be treated humanely and compassionately in respect of their inherent dignity as a person.
–Everyone who is arrested or detained for allegedly committing an offense has the following rights:
–To be informed promptly, at the time of arrest or detention, of the reason for being detained and be given a full explanation regarding the nature of the criminal charges and accusations and to be provided with both a verbal account and written copy of the complaint and charges prior to the hearing.
–To Remain Silent: To be informed promptly, at the time of arrest or detention, of the right to remain silent and refrain from making any statement, and of the possible.
–To Receive Counsel: To be informed promptly, at the time of arrest or detention, of the right to receive counsel and the right to speak in private, consult with, and instruct a legal practitioner of choice. If the accused does not have the means to attain private legal representation then a competent legal practitioner / public defender will be provided free of charge.
–To provide a defense and present evidence of innocence; and not to be forced to make a confession or compelled to make an admission of guilt.
–To be provided a written copy of the law and be offered a simple verbal explanation that is easily understandable.
–To be provided a language interpreter throughout the proceedings if needed.
-To be enabled to contact and freely communicate with family and close friends without delay and the right for family and close personal associates to be informed about where the detainee is being held, the reasons for the arrest, and the condition of the detainee while in custody.
–To communicate with and be visited by a spouse or partner, family, legal adviser, spiritual counselor, and chosen medical practitioner.
-To be brought before a court as soon as reasonably possible but not later than 24 hours after the arrest.
-To exercise the right of habeas corpus and challenge the lawfulness of the detention in person before a court and to have the validity of the arrest or detention determined without delay; and to be immediately released if the arrest or detention is determined to be unlawful.
–To be promptly charged or be released from detention. No person shall remain under arrest or be further detained upon an order of release being issued by a competent lawful administrator.
-To conditions of detention that are safe, humane, and consistent with human dignity, including adequate accommodations for nutrition, comfort, exercise, reading material, and medical treatment.
–All arrests shall be made public and no person will be held secretly; except upon the explicit approval of a competent lawful administrator in the context of investigation for the commission of crimes which shall last a maximum period of 24 hours.
–A public record shall be kept of every arrest, including the identity of the person arrested, the place, time, circumstances, and officers who made the arrest.
Bail
-Everyone has the right to remain free during trial. The accused shall be released on bail by sufficient sureties, except for reasons determined by law and assessed by a lawful administrator on a case by case basis, whereupon a person may only be denied bail for the purpose of ensuring the protection of public safety, when the facts are evident or the presumption is great and the court finds based on clear and convincing evidence, that the accused poses a significant threat of causing harm to and jeopardizing the physical safety of another person.
-No monetary bond shall ever be required for the accused to remain free during trial. For any criminal offenses which are by nature nonviolent and nonthreatening to any person’s physical safety the accused shall be released on personal recognizance at the court’s discretion.
Speedy Public Trial by an Impartial Jury
-Every person accused of committing a criminal offense has the right to a fair, speedy, and public trial before a competent court of law, and to have the verdict be determined by an unbiased and impartial jury. The accused have the right for the trial to begin and conclude without unreasonable delay.
-A public record shall be kept of all court proceedings including transcripts of the trial, and all records shall be made accessible to the involved parties including the victims and the accused; ensuring the fullest disclosure possible of all relevant information while respecting confidential matters of personal privacy that are irrelevant to the case.
Presumption of Innocence
-The accused have the right to be presumed innocent until proven guilty. The accused does not have to prove their innocence. Any doubts about a person’s guilt shall be interpreted in favor of the accused.
Self Incrimination / Testifying / Confessions
-The accused shall not be forced to testify or give evidence against themselves, coerced into self incrimination, or compelled to confess guilt.
Judicial Integrity and Illegal Evidence
-The accused have the right to judicial integrity and any evidence obtained in a manner that violates the due process of law is null and void and must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.
Prepare and Present a Defense
-The accused have the right to be entirely informed of the nature of the charges with sufficient detail to answer them, to have access to the evidence, and to have adequate time, means, and facilities to prepare a defense.
-In criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to be present in court while being tried, to speak and be heard during the proceedings, to adduce and challenge evidence, to present a defense and exhibit evidence of innocence.
Assistance of Counsel and Legal Practitioner
-Throughout the proceedings the accused have the right to receive counsel and speak to in private, consult with, and instruct a legal practitioner of choice. If the accused does not have the means to attain private legal representation then a competent legal practitioner / public defender will be provided free of charge.
Witnesses
-The accused have the right to confront the witnesses against them and be granted a compulsory process for summoning witnesses in their favor and compelling the attendance of witnesses to testify on their behalf.
-The accused have a right to a fair and impartial portrayal of the facts without witnesses tampering.
-It is a violation against the rights of the accused for any person to bear false witness or deliberately give false testimony.
Witness Protection
-Witnesses have the right to give an accurate testimony and shall not be coerced or compelled to testify or make false statements.
-Witnesses to crimes who have come forward to testify have the right to be protected from any threats of retaliation by offenders.
Jurors Rights
-Juror’s have the right to be fully informed of their rights, powers, and duties before the trial.
-Jurors have the right to vote according to their own conscience and no juror shall be coerced or compelled to deliver a vote against their own conscience.
-In all trials the jury shall have the right to determine the law as well as the facts. Jurors have the right to interpret the spirit of the law in its ultimate purpose to restore justice and preserve the fundamental rights, liberties, and freedoms of all people.
Right to Appeal
-Any person found guilty of committing a criminal offense shall have the right to an appeal or review by a higher court.
Limitation of Penalties After Conviction
-All penalties shall be proportional to the nature of the offense. Sentencing will be founded upon principles of reformation, remedy, and restorative justice. Measures will be taken to promote full restitution by offenders and their reintegration as valuable members of society.
-No person shall be imprisoned for nonviolent offenses which do not pose a threat to physical safety.
-The rights and freedoms that are restricted shall be immediately restored upon fulfillment of the sentence.
No Ex Post Facto Laws / No Retroactive Liability / No Retrospective Litigation
-No retroactive laws shall be passed. No person shall be convicted for an act or omission that was not an offense under pre existing laws at the time of the offense or infraction.
-Offenders have the benefit of the least severe of the prescribed punishments if the prescribed punishment for the offense has been changed between the time that the offense was committed and the time of sentencing.
Double Jeopardy
-No person shall be prosecuted or sentenced more than once for the same criminal offense that has previously been adjudicated. No one shall be punished or face penalties more than once upon being acquitted, convicted, or pardoned.
No Bill of Attainder / No Corruption of Blood / No Collective Punishment
-No person shall be punished for the crimes of another. No penalties shall extend beyond the convicted individual. No conviction shall work corruption of blood or forfeiture of estate. There shall be no collective punishment.
Extradition / Not Transported out of State
-No person shall be transported out of the State for an offense committed within the State.
No Imprisonment for Debt
-No person shall ever be imprisoned for debt.
No Cruel or Unusual Punishment – No Excessive Fines Imposed – No Degrading Treatment or Torture
-No cruel or unusual punishments or degrading treatment shall be inflicted and no excessive fines shall be imposed.
-No person shall be sentenced to torture. No prisoners shall be held in solitary confinement.
Offenders Rights
-People convicted of committing a criminal offense have the right to receive humane treatment that is consistent with human dignity while serving their sentence.
-People who are incarcerated have the right to conditions of detention that are safe and hygienic and which include adequate accommodations for nutrition, comfort, exercise, educational opportunity, and medical treatment. People who are incarcerated have the right to maintain contact with people outside the penitentiary and also be permitted visitation.
Remediation for Judicial Error
-Every person is entitled to full restoration and remediation of a legal situation adversely affected by unwarranted judicial errors and unjustified circumstances which a person wrongfully endures and compensation for any damages that have been caused.
Crime Victims’ Rights
-Any person whose natural human rights are violated and who suffers harm or undue hardship upon being the victim of a crime has the right to seek and secure justice and to receive full restitution.
-Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed in which a crime victim suffers a loss. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be applied to pay the amounts ordered as restitution to the victim.
-Any person who is a victim of a crime has the following rights:
-The right for the crime to be thoroughly investigated in the pursuit of justice and for criminal offenders to be prosecuted, convicted, and sentenced to pay for the crimes committed.
-The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.
-The right to be reasonably protected from the accused and persons acting on behalf of the accused throughout the criminal justice process.
-The right to have the safety of the victim and the victim’s family considered in denying bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.
-The right to prevent disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
-The right to notice and a hearing before a court ruling on a request for access to any of the victim’s records, information, or communications which are privileged or confidential by law.
-The right to timely notification of all court proceedings at which the defendant and the prosecutor are entitled to be present and be heard upon request; including any proceeding involving delinquency, a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
-The right to communicate with the prosecution and be heard before any judicial decision is made. To be granted reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
-The right to refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
-The right to timely disposition of the case following the arrest of the accused; the right to have a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
-The right to be present and be heard at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial. The right to have present at all court proceedings, subject to the rules of evidence, an advocate and other support person of the victim’s choice.
-The right to be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
-The right to be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified of the parole or other release of the offender. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgement release decision is made.
-The right to the prompt return of property when no longer needed as evidence.
-The victim has the standing to assert the rights enumerated in the previous subsection in any court exercising jurisdiction over the case and the court shall promptly rule on a victim’s request.
-The accused does not have standing to assert the rights of a victim. Nothing in this section or any law enacted under this section shall be construed as creating, a basis for vacating a conviction, or a ground for any relief requested by the defendants.
-The victim of a crime shall be promptly informed in full of their rights to seek justice for a criminal offense.
Civil Society
-Everyone has the right to participate in civil society and deserves equal recognition and inclusion in all matters and affairs which may affect a person’s inherent rights and freedoms, public decisions and actions which may impact a person’s life and be of personal concern, or social policies and directives which are contingent upon public participation and may require a person’s direct involvement.
-Everyone is entitled to exercise their right to full inclusion and participation in civil society, including the right to be notified of decisions and actions that affect a person’s inherent rights and freedoms, to fully engage in community dialogue and actively participate in public meetings, to be able to speak on one’s own behalf and be included in the conversation, the right to cast a vote on matters which are being decided upon and have power in the decision making process.
Access to Public Information
-People have the right to freely access public information, including all documents and materials directly affecting their inherent rights and freedoms, the records of meetings of public bodies, and the writings and statements of public officials, and documents, files, and records of public agencies which shall be open to public scrutiny.
-Public officials and agencies shall be compelled to the process of discovery and the disclosure of information pertaining to all official conduct and grant access of any information that is held and required for the exercise or protection of any rights.
-Citizens have the right to be informed by the public administration, in a timely and truthful manner, of the status of proceedings in which they have a direct interest, and to be apprised of any final decisions adopted in the matter.
Whistleblower Protections
-Everyone has the right to report crimes, violations of the law, and official misconduct without facing any form of retaliation or persecution. Any individual who in good faith has made a charge, disclosed information, testified, assisted or participated in an investigation, proceeding, or hearing for the purpose of reporting crimes and violations of the law shall be granted protection against reprisal.
-Whistleblowers shall not be adjudged in contempt for refusing to disclose the sources of any information procured nor be compelled to release unpublished information.
Rights of Peacemakers and Conscientious Objectors
-No person shall be compelled to enlist into military service which must always be voluntary. Soldiers have the right to un-enlist at any time and refuse deployment.
-People retain the right to conscientiously object and refuse to participate in acts of warfare.
-No person enlisted in the military shall be forced to carry out an unlawful order.
-Enemy combatants who peacefully surrender shall not be harmed.
Right to Bear Arms
-Every person has the right to manufacture, keep, and bear arms to be used in lawful defense against initiators of unlawful aggression in order to ensure the protection of human rights.
Quartering of Soldiers
-The military being subordinate and subservient to civil power must uphold the law and ensure the protection of natural human rights.
-A standing army shall not be maintained in peacetime.
-No soldier in time of peace or war shall be quartered in a house without the consent of the owner.
Eminent Domain
-Private property shall not be taken or damaged for public use. Private property shall not be forcibly expropriated, requisitioned, or sequestered through eminent domain.
-Private property may only be expropriated or requisitioned for public use upon the voluntary consent of the owner who ultimately enjoys the right of transference for their property and to freely choose whether or not to forfeit their property. The owner enjoys the right to set the terms of exchange without being forced, intimidated, or aggressively coerced to sell.
-The property owner has the ultimate right to set the sale price of their property and determine what they believe to be is fair, equivalent, adequate, equitable, and due in terms of compensation. The property owner has the ultimate right to determine the time, terms, and conditions of the sale and has no obligation to forfeit their property unless the compensation is made in full and the terms and conditions are met in advance of the transference of property or as otherwise having been agreed upon by the owner.
-Upon agreement to negotiate by the owner, expropriations and requisitions must take into account the balance between the public interest and the interests of those affected having regard to all relevant circumstances including: the current use of the property, the personal interest and the economic and social needs of the affected people, the purpose of the expropriation, the history of the acquisition and future use of the property, the current market value of the property, the future equity that could otherwise be derived by the inflation in value of the owners property, and the extent of direct state investment and subsidy in the acquisition compared to the beneficial capital improvement of the property.
-Private property may only be expropriated or requisitioned for reasons of public good and public utility that are of essential need or substantial benefit. State and local governments are prohibited from expropriating any assets or acquiring any property for the purpose of conveying it to a private person or entity.
Asylum / Extradition / Expulsion
-People may only be extradited for prosecution of crimes against humanity and criminal violations of natural human rights. No person shall be extradited to face prosecution or punishment for acts that are not recognized to be a crime.
-No one may be removed, expelled, deported, or extradited to any place where there is a serious risk that they would be subjected to the death penalty, torture, or other inhuman or degrading treatment or punishment.
-Foreigners are granted the right to request and receive asylum or refuge for political or ideological persecution, in accordance with law and local customs.
-Anyone who has been granted asylum or refuge shall not be expelled or deported to a country where their life, bodily integrity, security, or liberty are endangered. Civil society must respond in a positive, humane, and expeditious manner to pleas for family reunification presented by parents or children who are given asylum or refuge.