Post by Asairia on Apr 1, 2018 20:34:20 GMT
Saturday, December 2, 2017
in the case of:
The Armed Republic of Asairia [Claimant]
vs.
The Socialist Republic of Cosmosplosion [Defendant]
Application:
Claimant Nation: The Armed Republic of Asairia
Defendant Nation: The Socialist Republic of Cosmosplosion and all puppets
Dates of Alleged Infractions: July 26, 2017 - Present
Summary of facts and how this broke the law/rules or violated the Constitution: Violation of Free Speech, Violation of Nationstates Etiquette, Threatening the Peace, and Conspiracy to Commit Identity and Voter Fraud. The following Articles are to be referenced: 5.1.1, 5.2.1, 8.2, 8.2.1, 8.2.2, 8.2.3, 8.3, Flame / Threats, and Harassment / Griefing.
In short, the defendant has repeatedly harassed, threatened, and griefed many past, current, and dual citizens of both our region and the region of Alvaris, even to the point of admitting to being able to, "Finally get to get back at them," as my evidence will clearly show. This behavior has grown to extreme lengths, causing the rise of multiple whistle-blowers due to his repeated violations of the rules of this region and that of NationStates' policy.
Remedy/Remedies sought: Just like in Solarmania's case, a temporary kick from the Discord, while temporarily solving the issue, has not been enough to deal with the defendant as he has left in the past and returned to only cause issues in the future. It is clear that the only solution should be a permanent or extended ban from the region or from holding office for repeatedly harassing, griefing, and tormenting past, present, and dual citizens of both our region and the region of Alvaris; doing so in full disregard of the laws of this region--laws of which the Defendant is completely aware of.
I, the Armed Republic of Asairia, hereby certify the above to be correct to the best of my knowledge.
The Minister of Justice has judged your application meritorious. Trial follows below.
Judgment
ALAMEI, MoJ
1. On the charge of abusive speech/breach of etiquette:
a) The Court rejects the defense's notion that actions taken in the course of Discord administration constitute a decision of the Court.
b) I am not unsympathetic to the adverse circumstances in the defendant's own personal life which may have influenced the outburst cited here; however, a lack of self-control, temporary or otherwise, does not excuse extensive and zealous personal attacks, including death threats, against other members of this region.
2. On the charge of threatening the peace by promoting a raider or defender policy:
a) The defense correctly remarked that Article 5.1.1 pertains specifically to the Minister of Defense. However, it should be noted that the Government Positioning Act states, as it pertains to this case, that the powers of the Versutian government cannot be used to support raiding or defensive efforts while officially neutral (excepting the defense of allied regions, as per the Versutian Military Act).
b) Based on the evidence presented, however, the Court fails to see a convincing argument that the defendant directly used the powers of any office to affect raiding or defending efforts outside the region.
c) In any case, this argument is based on tenuous legal grounds, and is not particularly meritorious as presented.
3. On the charge of conspiracy to commit identity and voter fraud:
a) The evidence presented to support the claim of identity fraud is troubling, but closely linked to the second charge against the defendant - and much like that charge, it is, in the opinion of the Court, not sufficiently substantial in and of itself.
b) The charge of conspiracy to commit voter fraud, however, is more than adequately corroborated.
c) Electoral fraud threatens not only regional security and autonomy, but our core democratic principles. Such an act is heinous enough on the part of a private citizen, but to conspire with a foreign power as the sitting Minister of Foreign Affairs is especially egregious.
d) To hold office in the Versutian Federation is to undertake, implicitly or otherwise, the duty of upholding the Constitution, both in letter and in spirit. It is the solemn duty of a government official to represent and serve the citizens of the Versutian Federation, not defraud them of their fair say in how they are governed.
e) Also of note is that the defendant agreed to construct embassies with the region he conspired with to rig elections, USSD, before aborting their construction in deference to the Social Liberal Union, whom USSD they had raided in the past. This indicates that not only did the defendant conspire to commit voter fraud, but his personal acts as a conspirator were closely intertwined with his official duties as MoFA.
4. By way of postscript, I feel compelled to remind participants that:
a) Brevity is paramount
b) Please, don't use 1000 words where 100 will do. The Court does not enjoy reading through unnecessarily lengthy submissions.
For harassment, griefing, and conspiracy to commit electoral fraud, IT IS ORDERED the defendant be banned for 6 months, and be indefinitely prohibited from holding any regional office.
Judgment delivered:
Saturday, December 2, 2017