Petition Office
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The ECoJ has unanimously voted to reject the petition of Dragan Trympov.
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Petitioner(s): the General Court of the Austrian State
Petitionee(s): the Government of the Austrian State
Reason for petition: On 16 December 2020, the Government of the Austrian State unilaterally decided to send a single golden fork to the government of the Union of Nicoleizian Socialist Republics with the express purpose of said fork being to be used in or within a weapon intended for use within a military force. Within the package containing said fork, there was found a note asking for a fork in return for the fork sent. This, in our minds, constitutes two violations of the Condemnation of the Coup in Icholasen - specifically, of the clause forbidding the trade of luxury goods and that forbidding military trade agreements.
Relevant part(s) of the Constitution / legislation: The Condemnation of the Coup in Icholasen.
Evidence: Testimony from clerks present at government decision; written evidence of such a decision made; the fork in question, the note in question, testimony from clerk who intercepted package as it was sent.
Remedy: In return for said violation, the Government of the Austrian State must pay the exact sum of ten million schillings, in Euros, to the government-in-exile of the United Dominions of Icholasen, otherwise known as Free Icholasen.
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Petitioner(s):ICS Church
Petitionee(s):ALKHARYA Government
Reason for petition:Breach of freedom of concious of religion and freedom of religion.
Relevant part(s) of the Constitution / legislation:Section XVII. Freedom of ConscienceI. Everyone has the right to freedom of thought, conscience and religion.
II. This right includes freedom to change their religion or belief; and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance provided they do not violate the rights of others as mandated by this Declaration.
The appellant believes this is a breach of our rights under the European Constitution by stopping us bringing in speakers and doing missionary activity. This is a gross overreaction that curtails religious freedom in the name of combatting extremism essentially punishing all religion.
Evidence:http://nseuropeanunion.com/topic/690/media-alkharya/3 "PRESIDENT APPROVES BILL THAT WILL BAN MISSIONARY ACTIVITIES IN ALKHARYA"
Religious organizations fear this will restrict religious freedom in Alkharya.
Remedy: Repeal of law or modification in order to comply with freedom of religion. -
Petitioner(s): Copalan Councillor Josephine Areai, on behalf of herself and of others involved in the March into Reitzmag protest
Petitionee(s): Government of Reitzmag
Reason for petition: I was detained for exercising my rights under the UDoHR, Section XIII, Clause 1.
Relevant part(s) of the Constitution / legislation: UDoHR Section I, Clause II, UDoHR Section XIII, Clause I, UDoHR Section XXIV
Evidence: Reitzmic declaration of "lockdown," contravening UDoHR Section XIII, Clause 1 rights.
Remedy: My release, as well as that of all others detained under this unjust law. 100 hours of community service in the Free City of Europolis for all members of the Reitzmic government.
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Petitioner(s):ICS Church
Petitionee(s):ALKHARYA Government
Reason for petition:Breach of freedom of concious of religion and freedom of religion.
Relevant part(s) of the Constitution / legislation:Section XVII. Freedom of ConscienceI. Everyone has the right to freedom of thought, conscience and religion.
II. This right includes freedom to change their religion or belief; and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance provided they do not violate the rights of others as mandated by this Declaration.
The appellant believes this is a breach of our rights under the European Constitution by stopping us bringing in speakers and doing missionary activity. This is a gross overreaction that curtails religious freedom in the name of combatting extremism essentially punishing all religion.
Evidence:http://nseuropeanunion.com/topic/690/media-alkharya/3 "PRESIDENT APPROVES BILL THAT WILL BAN MISSIONARY ACTIVITIES IN ALKHARYA"
Religious organizations fear this will restrict religious freedom in Alkharya.
Remedy: Repeal of law or modification in order to comply with freedom of religion. -
Petitioner(s): Charles Michel, Speaker of the European Council
Petitionee(s): the Union of Syndicates
Reason for petition: Motion to Suspend Council Representation until elections are held
Relevant part(s) of the Constitution / legislation:
ELECTED AND ACCOUNTABLE COUNCIL ACT 2020§I.II The governments of European Union member states may not appoint or dismiss their Councillor without following an official democratic process outlined in this Act.
§V.III Any members state which violates any section of this Act, or any Councillor which continues to be unelected for four years, will be considered as having breached this Act and will have their Councillor suspended from the European Council by the European Court of Justice.
Evidence: Both recent councilors were illegally appointed by their government, circumventing the EACA and EU Law.
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By a 4-1 vote, the ECOJ will hear the case of ICS Church v. Alkharya @BrumBrum @Syndical-Union
By a unanimous vote, the ECOJ will hear the case of Charles Michel v. Union of Syndicates. By also the same vote, the ECOJ will hear Charles Michel v. Union of Syndicates with a pace of Expeditecy and priority. @Fremet @Syndical-Union
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Petitioner(s): The Government of the Federation of Istkalen
Petitionee(s): the state known as the United Duchies
Reason for petition: Violations of right of association, in recent mass arrests.
Relevant part(s) of the Constitution / legislation: Section XIX of the Universal Declaration of Human Rights.
Evidence:
A) http://nseuropeanunion.com/topic/768/rtd-24/16
i. In which the Government of the United Duchies declares the Union of Syndicates a terrorist association. Let it be known, several parts of the state apparatus had been seized by terrorists at the time; however, this has ended. The current government has no affiliation or desire to be affiliated with terrorists or terrorism.
B) http://nseuropeanunion.com/topic/768/rtd-24/18
ii. In which the Government of the United Duchies, following the expulsion of terrorists from their shaky control of parts of the state apparatus in Kiel, confirms mass arrests of leftist politicians, at least partially because of "connections to foreign hostile regimes supporting terrorism," which we may infer includes the Union of Syndicates and political parties registered therin, which we have already demonstrated to be without affiliation or desire to be affiliated with terrorists or terrorism. Because of the vagueness of this statement, as well as of the initial declaration of the Union of Syndicates as a terrorist actor, this could very well be on charges perhaps ridiculous enough as to allow for the arrest of individuals simply for having an entirely personal relationship with a civil servant - a clerk, for example.
C) http://nseuropeanunion.com/topic/768/rtd-24/19
iii. In which the Government of the United Duchies continues mass arrests for reasons already stated based upon association.Remedy: Release of all those arrested for associating with, at the very least, the Government of the Union of Syndicates; if "The Left" is found, by this action, to be without ties to terrorism, then it must be re-included as a party able to participate in elections. One hundred hours of community service each for the High Duke and Prime Minister of the United Duchies.
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Petitioner(s): Gertrude Echteran Children's Choir
Petitionee(s): the Empire of Inimicus
Reason for petition: Violations of right to freedom of expression, of habeas corpus, of freedom from torture.
Relevant sections of constitution: Sections V, IX, XVII of the UDoHR
Confirmed Evidence:
- Presence of lèse-majesté laws in the Empire of Inimicus. Similar comments have been made towards other individuals without being considered slander or a call to violence; it thus can be argued that said laws are an infringement upon the right to freedom of expression. While this specific allegation may not be a triable offense, there is no evidence to suggest that said laws have been repealed, meaning that the Empire may be continuing to violate the principle of freedom of speech. This is the sole piece of confirmed evidence that the Gertrude Echteran Children's Choir can present; however, there exists much more which establish repressive behavior as a constant in the Empire of Inimicus, as well as testimony that points to possible human rights abuses.
Testimony:
- Several violations of human rights are alleged by the reporter Sophie Brierley, who claims to have been detained arbitrarily in violation of the constitutional right to habeas corpus, and also to have been tortured. Additional claims of the detention of other political figures and of the presence of "political refugees," which implies suppression of the right to freedom of expression in the Empire of Inimicus, are made. It must be noted that Sophie Brierley has not been heard from since a time soon after the publication of this article.
Evidence indirectly hinting towards general and consistent repressive behavior in the Empire of Inimicus:
- The Gertrude Echteran Children's Choir mourns the death of these cardinals, even several years on, for no life should be taken away so early. It is not their deaths that we wish to comment on, as well. Rather, it is the mildly suspicious circumstances under which they were living. Firstly, it is stated that they were the victims of repeated threats by some of the supporters of the Emperor of Inimicus. If such supporters do, in fact, threaten those who disagree with the Emperor in such ways, to an extent that they must be hidden away in such away, there evidently exists a repressive environment regarding freedom of expression in the Empire of Inimicus, potentially encouraged by the Emperor. At the same time, the wording in this article suggests that the given Cardinals were in fact being detained and possibly prevented from speaking, which is somewhat worrying, although this is not a line we wish to pursue.
- Possible lack of accountability regarding corruption; it appears as though the Emperor is the only individual who may initiate any sort of audit of himself, which is worrying. While this is not a violation of any right per se, it helps to establish a picture of the general state of affairs in the Empire of Inimicus.
- Contempt for certain democratic principles - of the independent legislature - demonstrated to an extent. Potential propaganda - manipulation of the media and thus the public towards less democratic conclusions is possible. We would like to state that the power of the media is strong, especially in the influencing of people's opinions.
- Suspicious behavior towards protestors. While this cannot be confirmed, given evidence already presented, what is conveyed here may not be the full truth.
Remedy: Arrest of those involved in this repression, especially Emperor Artabanos, for crimes against humanity. While this is drastic action, our analysis of the situation appears to show that the only way these abuses may be halted is through the removal of those involved, who have begun, as shown by evidence, to adopt a cult of personality.
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Petitioner(s): Yuridiana Yahontov, Interim Deputy Councilor for the Kingdom of Reitzmag
Petitionee(s): The Federation of Istkalen
Reason for petition: Acts of aggression and terrorism against all member-states of the European Union
Relevant part(s) of the Constitution / legislation: Section 1-3 Paragraph 1 of the Anti Terrorism Act of 2006
Evidence: Declaration of War of the Government of the Federation of Istkalen
Remedy: Suspension of membership to the European Union and Formal Condemnation of the Federation of Istkalen's aggressive actions -
Petitioner: Gertrude Echteran
Petitionee: Premier Commissioner Walter Cocx
Reason for Petition: The Premier Commissioner, under the European Commission Sanctioning Powers Act 2020, submitted a sanction motion against Istkalen without the recorded approval of any other Commissioner, thus violating said act, which requires a unanimous Commission in order to submit a Sanction Motion to the Council. This occurred twice before, with the submission of two sanction motions against the UNSR, neither of which gained the explicit approval of any other Commissioner, save for the first, in which Commissioner Birdane stated that she would support a motion against the UNSR that would allow for the survival of the people of the UNSR, while never giving her agreement to any of the drafts proposed by Commissioner Cocx.
Evidence: Commission debate regarding Sanction Motions; European Commission Sanctioning Powers Act.
Remedy: The immediate withdrawal of any present Sanction Motion acts made without the approval of the whole of the Commission
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Gertrude Echteran withdraws her motion against the Premier Commissioner.
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The Republic of Istkalen withdraws its case against the United Duchies.
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Petitioner(s): The Government of the Kingdom of Reitzmag
Petitionee(s): The United Dominions of Icholasen
Reason for petition: incitment of violence and terrorism
Relevant part(s) of the Constitution / legislation:- Section II Paragraph III of Anti-Terrorism Act of 2006
- Section II Paragraph IV Clauses A to E of Anti-Terrorism Act of 2006
Evidence: Destruction of Buildings occupied by Reitzmics in Copala City by Nicolezians fleeing to the United Duchies with the use of bombs.
Remedy: Compensation in cash for total cost of damages -
@Kingdom-of-Reitzmag The petition of the Government of the Kingdom of Reitzmag against the United Dominions of Icholasen has been accepted. A solicitor representing the petitioner is hereby summoned to the Court.
ECoJ Clerk of Court
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Petitioner(s): Keeva Donohue Cèamp
Petitionee(s): Strathaen Government
Reason for petition: Breach of ARTICLE V. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Section IV. Freedom from Slavery by forcing all citizens to provide free labour to community programmes under threat of fines or imprisonment. Also of Section "XX. Right to Democratic Governance
Relevant part(s) of the Constitution / legislation: ARTICLE V. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Section IV. Freedom from Slavery
Evidence: http://nseuropeanunion.com/topic/1020/community-duty-programme -
Petitioner(s): Orrin McGill Sgot
Petitionee(s): Mennrimiak Government
Reason for petition:I am a reformed Breizhighist Strathen who was kicked out of the country based on my nationality and culture. This is a violations of protections against population transfer or forcible movement based on innate characteristics of a group including: a group's culture, religion, sexual orientation, political beliefs or other protected statuses as outlined in the UDoHR . The government have kicked out a whole nationality on pretense of extremism when there is no evidence all are extreme , essentially punishing a whole nationality for the actions of a government leader who was extreme and has refused to remove measures when a new government was elected that no longer is pushing for the policies of the old government. This is clear discrimination of a group based on nationality and culture both protected characteristics.I seek the overturn of this ban and travel ban so that no one is denied unless there is evidence the individual shows threat of extremism or threat to national security
Relevant part(s) of the Constitution / legislation: III. Population transfer, defined as the forcible movement, imposed by an authority, of a large group of people from one region to another, for reasons relating to innate characteristics of a group including: a group's culture, religion, sexual orientation, political beliefs or other protected statuses as outlined in the UDoHR, is recognized as a violation of the right of freedom of movement and is thus prohibited.
Evidence:http://nseuropeanunion.com/topic/340/mennrimiak-news-media/31
Remedy:Removal of discriminatory law and restablishment of visas that were unfairly cancelled -
@Kingdom-of-Reitzmag the case Keeva Donohue Cèamp v. Strathae is hereby REJECTED on the following grounds:
- Lack of a proposed remedy, as described in the European Court of Justice Case Procedures Act 2013.
- Lack of standing of petitioner to file on behalf of claimant. ((OOC: Petitioner is filing on behalf of another player with intent for other player to litigate. The litigant must be the one that files.))
ECoJ Clerk of Court
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Petitioner(s): Park Yeon-mi
Petitionee(s): Government of Strathae
Reason for petition: Breach of ARTICLE V. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS:- Section IV by forcing all citizens to provide free labour to community programmes under threat of fines or imprisonment
- Section XX. Right to Democratic Governance
Relevant part(s) of the Constitution / legislation: ARTICLE V. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS Section IV. Freedom from Slavery
Evidence: http://nseuropeanunion.com/topic/1020/community-duty-programme
Remedy: Cease and Desist Order to the Government of Strathae -
Petitioner(s): the Government of the Republic of Istkalen
Petitionee(s): the Joint Transitional Authority for Istkalen
Reason for petition: During the short war, the Reitzmo-Vardic Coalition, in an attempt to procure surrender, intentionally attempted, successfully to destroy civilian areas without combatants or military importance - facts known well to them - in an attempt to procure the surrender of Istkalen, later discovered to be not for national safety but rather for the purpose of economic exploitation. Because that which was destroyed and those who died in this bombardment were not of military importance of combatants, nor were the results of the bombardments an example of "collateral damage," this constitutes arbitrary deprivation of life. Added to this, there is also evidence of this being a premeditated move, meaning that the Reitzmic armed forces had previously investigated the areas destroyed, found them to be without combatants or military importance, and decided it a good idea to fire upon them.
Following this, Reitzmic soldiers invaded, temporarily, every building in the zone then occupied, violating wantonly many people's homes for reasons that remain unknown. We will, however, not press charges regarding this, as it may have been necessary.
This being the fault of the Reitzmo-Vardic Coalition, now represented as the J-TAI, we find it fit to be included.
During the occupation, Istkalen itself was forcibly abolished by the Joint Transitional Authority in Istkalen, a body whose goal it was to impose a manifesto, which continues to remain unknown to everyone but the members of the J-TAI, on Istkalen without the consultation of the people of Istkalen, establishing a legislature that initially had no Istkalener representatives and continues to have none. Even if it did, they would constitute a minority, violating the principle that government must be based on the will of the people.
We view the abolition as illegal, as it constituted an arbitrary deprivation of citizenship and nationality, and thus of rights as well. Indeed, immediately afterward, the J-TAI attempted to persecute journalists alleged to be spreading "misinformation," a clear violation of the right to freedom of expression. At the same time, it severely restricted movement out and in from Istkalen, requiring special exemption from the J-TAI itself to leave, effectively depriving the vast majority of Istkaleners from the right to freedom of movement.
On top of this, under the J-TAI, Istkalen has no unbiased court system. This was best illustrated by the ability of the J-TAI appointed foreign legislature to airily dismiss hundreds of allegations of rape and violence on the part of occupiers at once, without investigation. We do not say that these allegations are true, but we were investigating them; the J-TAI, however, put a stop to this, very suspiciously. This is again, a violation of rights.
Relevant part(s) of the Constitution / legislation: Article V, Section III; Article V, Section VIII; Article V, Section XIII; Article V, Section XV; Article V, Section XVIII; Article V, Section XX
Evidence:
http://nseuropeanunion.com/topic/899/operation-rule-britannia/13
- Firing on of civilian areas
http://nseuropeanunion.com/topic/899/operation-rule-britannia/11
- Premeditation of firing
http://nseuropeanunion.com/topic/915/official-bulletin-joint-transitional-authority-for-istkalen/2
- wanton violation of human rights
Remedy:
Extradition of General Peter Renwalt, among other identified war criminals, to stand trial for war crimes in Istkalen. Handover and reparation for all stolen property; renegotiation of present means of reparation for war damages caused by the Istkalener state. Release of state officials imprisoned by the J-TAI.
