Release of Anti-Statist Citizens [ATTN: Eiffelland]

Discussion in 'International Diplomacy' started by Touzen, Aug 9, 2019.

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  1. Touzen

    Touzen Administrator Staff Member

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    Office of Revolutionary Defense and State Relations
    Forever Free
    (Confidential)
    Esteemed colleagues,

    We are approaching you regarding the matter of anti-statist citizens that we know to have been in Eiffeloretalian custody since the Hyacinthe affair. Out of respect for the heightened geopolitical tensions around this issue and the inconveniences that would be associated with an inappropriate timing of our request for their release for your government, we have thus far not approached you, but feel that now is an opportune moment to do so.

    We are aware that two individuals who have pledged allegiance to the Anti-State under the Anti-Statist Charter while in international waters are in your custody following your activities near the Retalian Gate. As per the charter, these individuals are thus subject to our protection and laws. We will require them to be handed over at the earliest convenient point in time, preferably to our embassy in Trier. We understand that discretion in this matter is of mutual interest, and we can assure you that this Office is not planning on drawing politically embarrassing attention to this matter for the Eiffeloretalian government - the transfer of these individuals will be conducted without representatives of the media being notified on our part, and their extradition to the Free East shall not be a publicized event.

    We are looking forward to a speedy resolution of this matter.

    Forever Free,

    Jakob Kurokawa
    Bureau of Anti-Statist Charter Enforcement
    Office of Revolutionary Defense and State Relations
    Anti-State


    @Eiffelland
     
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  2. Eiffelland

    Eiffelland Well-Known Member

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    Vertraulich — Confidenziale — Confidential

    Aussenministerium — Ministero Degli Esteri
    Trier, Eiffelland-Retalien — Treviri, Eiffellandia-Retalia


    TO: Jakob Kurokawa
    Bureau of Anti-Statist Charter Enforcement
    Office of Revolutionary Defense and State Relations
    Anti-State

    Dear Mr. Kurokawa,

    Let me inform you about the fact that the two people involved have been charged with piracy. This is a crime that is punishable under Eiffelloretalian law, also when it takes place outside the Eiffelloretalian international waters. We do know that it is legally controversial to have legislation in place that extends its validity outside your borders, territorial waters and airspace; however, if we want to keep international waters and international airspace safe, legal possibilities to prosecute against crimes committed on international waters and in international airspace must be in place, otherwise boats and ships cannot be protected against pirates, and hijackers can go unpunished. Another example: We recently arrested a gang which facilitated pedophiles to rape children on a boat floating in international waters. This was only possible because our laws on rape are also applicable on the international waters and in international airspace.

    The problem is indeed that it is not clear where to lay the limit. We ourselves put the limit on things that are considered crimes by most countries in the world: Theft, robbery, piracy, hi-jacking, kidnapping, rape, murder and more crimes like that.

    For the two individuals you are referring to, I understand that you are concerned about their well-being. I can assure you that they are in good health.
    We do not challenge that they have become citizens of the Anti-State before their arrestment. It is up to the Anti-State to determine who is a citizen of the Anti-State and who is not; if rejection of statist citizenship is enough to become citizens of the Anti-State according to the laws of the Anti-State, they are citizens of the Anti-State. It is up to the country of which they rejected their citizenship to decide what will happen to their citizenships of those countries; we don't have a say in that.
    However, the fact that somebody switches citizenship after having committed a crime does not protect him or her against prosecution for the crimes he or she committed.
    Furthermore, we don't think that it is in the interest of the Anti-State to take up each and every criminal who tries to escape his or her conviction by rejecting his or her citizenship of a statist state and receiving citizenship of the Anti-State. If Eiffelland-Retalia and the Anti-State let that happen this time, then each and every thief, robber, murderer, rapist, drug trafficker, humans trafficker, swindler, corrupt person and whichever other kind of criminal will try the same trick. In the end, the Anti-State will be flooded with criminals from all over the world. Is that really what you want?

    We filmed the complete ambush of the Hyacinthe from the moment that we arrived, and we captured the vessel the two persons were sitting in as well. The evidence that these persons were ambushing the Hyacinthe as part of a big group of people is overwhelming, and more than enough for a conviction because of piracy according to Eiffelloretalian law. And according to the laws of most countries in Europe as well.
    The only question that remains is, which country would be competent to sentence these persons. At this moment, the public prosecutor responsible for this case considers herself competent. Given the fact that the Hyacinthe was a Serenien vessel, we would have agreed to extradite the persons to Serenierre for trial there. However, Serenierre has not requested to do so.

    We have strong objections to let these people go unpunished. Therefore, I propose the following. The trial has already started, but the public prosecutor has not formulated a penalty demand yet. We are not in that phase of the trial yet. The maximum punishment for piracy is 20 years imprisonment under Eiffelloretalian law. There is no recent jurisprudence about piracy, because there have been no piracy cases in Eiffelland or Retalia for more than 100 years. However, piracy is part of the education of public prosecutors, and that education mentions a standard punishment demand of 12 years. Of course the public prosecutor can deviate from this. My proposal is to let the trial continue, and let the two individuals serve 2/3 of their punishment in an Eiffelloretalian prison and the remainder in a prison of the Anti-State. When the two individuals in question are indeed sentenced to 12 years imprisonment, we will extradite them to the Anti-State on 21 February 2027.

    Best regards,

    Gianluigi di Gravesano-Carone, Minister of Foreign Affairs

    OOC: Pelasgia">@Pelasgia , could I please ask for your OOC-legal opinion on this? Am I talking rubbish regarding law here, or is it sound what I claim?
     
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  3. Touzen

    Touzen Administrator Staff Member

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    Office of Revolutionary Defense and State Relations
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    Your Excellency,

    It is not my position to pass judgment about the crimes that these individuals are being charged with. Let me merely note that more than any polity today, the Anti-State is rightfully concerned about piracy, given the fact that its chimera has been used to launch an unprecedented assault on our integrity with the aim of causing discord amongst the peoples of Europe. The extermination of real piracy is a goal to which the Anti-State is committed.

    The Anti-Statist Charter was born from an understanding that men could be thrown into circumstances outside of their control that would render them without the protection of their state. The Charter differs in that the individual pledges his allegiance to it, and it is not a state’s to take away - this was and continuous to be a revolutionary new understanding in the position of man vis a vis the polity to which he belongs. Unlawful behavior is not protected under this Charter. A man can, and will, be tried for his crimes just as he would in a statist society. The difference is that through our Charter a man can submit himself to the judgment of his peers, peers he has voluntarily chosen. This leads to the conclusion that the Anti-Statist Charter does not set out to protect criminals, but individuals, and not from crime, but from overbearing coercion of states.

    With all due respect I do feel concerned that these individuals who have surrendered themselves unto the Charter will be judged according to foregone conclusions - your words certainly suggest that they will be found guilty. Under our laws, sentencing is passed upon the conclusion of an impartial trial. As representative of my bureau in this affair, I cannot in good conscience sign a deal that will all but guarantee their imprisonment for the next 12 years, principal matters of protection under the Anti-Statist Charter notwithstanding.

    Forever Free,

    Jakob Kurokawa
    Bureau of Anti-Statist Charter Enforcement
    Office of Revolutionary Defense and State Relations
    Anti-State
     
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  4. Eiffelland

    Eiffelland Well-Known Member

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    Vertraulich — Confidenziale — Confidential

    Aussenministerium — Ministero Degli Esteri
    Trier, Eiffelland-Retalien — Treviri, Eiffellandia-Retalia


    TO: Jakob Kurokawa
    Bureau of Anti-Statist Charter Enforcement
    Office of Revolutionary Defense and State Relations
    Anti-State

    Dear Mr. Kurokawa,

    Like I said, it is up to the Anti-State to decide whom to grant citizenship. We do commend the intentions behind the Anti-State’s reasons for its citizenship policy.

    Immediately after the persons in question presented themselves as citizens of the Anti-State, we notified the embassies of Pohjanmaa and Touzen about their arrestments. We also notified said embassies that the Kreisgericht Trier is responsible for the case, and that the two individuals stay in the Haftanstalt Trier. Personnel of said embassies are free to visit them and check their well-being. The barristers Horst Becker and Egon Schimpf represent them legally, under fee by the Niedereiffeler Rechtsanwältekammer.

    I have to object against the idea that the outcome of the trial against these two individuals has already been set. The evidence against them is overwhelming, because of which chances are high that they will be sentenced. However, that does not mean that they have already been sentenced before the trial has begun, and that does not mean that we told or will tell the judges to sentence these individuals.
    The administraton of justice is completely independent in Eiffelland-Retalia. New judges, up to the ones going to work at the Unionsgerichtshof, are not appointed by the government, but by the presidents of the courts they will be working at, and new court presidents are appointed by the judges working at the courts they will preside over. They are also evaluated, and when needed fired, by judges. The same applies to public prosecutors. Barrister is a free profession, but they all have to be members of the Rechtsanwältekammern, which are also ruled by barristers and not by the government. Finally, it is the task of the Rechtsanwältekammern to pay barristers for Pro-Deo cases, i.e. cases against people who can’t afford a barrister. The only governmental role in the administration of justice is to define the end terms of the law studies at university and the education to Rechtsassessor or Volljurist, to provide the budgets to the courts, and to provide the budgets for Pro-Deo cases to the Rechtsanwältekammern.

    The persons in question will get a fair trial, like everyone else who stands trial in Eiffelland-Retalia. For the duration of the sentence, we in Eiffelland-Retalia consider 12 years imprisonment an appropriate sentence for piracy. At this moment, the only thing we can do, is to wait for the trial to end. It could be that the judges consider the evidence insufficient, or that the barristers find a procedural mistake, or that the duration of the sentence is reduced for any reason.

    Best regards,

    Gianluigi di Gravesano-Carone, Minister of Foreign Affairs
     
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  5. Touzen

    Touzen Administrator Staff Member

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    Office of Revolutionary Defense and State Relations
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    (Confidential)
    Your Excellency,

    Thank you for the elaboration on the position of your government.

    We understand that the government of Eiffelland-Retalia is currently not in a position to facilitate the release of the Anti-State citizens in question, a fact that we regret deeply but must accept.

    We will hence closely monitor the proceedings within your country’s justice system regarding this case. In the meantime, we will continue to engage and encourage your government to assist in creating circumstances that will enable the release of these individuals through exploration of the channels available to us.

    As always, your communication in this matter has been and continues to be appreciated. We hope to eventually settle this matter to mutual satisfaction.

    Forever Free,

    Jakob Kurokawa
    Bureau of Anti-Statist Charter Enforcement
    Office of Revolutionary Defense and State Relations
    Anti-State
     
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  6. Eiffelland

    Eiffelland Well-Known Member

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    Vertraulich — Confidenziale — Confidential

    Aussenministerium — Ministero Degli Esteri
    Trier, Eiffelland-Retalien — Treviri, Eiffellandia-Retalia


    TO: Jakob Kurokawa
    Bureau of Anti-Statist Charter Enforcement
    Office of Revolutionary Defense and State Relations
    Anti-State

    Dear Mr. Kurokawa,

    We will do everything we can to maintain the well being of said individuals while they are trialled and while they are serving their punishment. We will give you all the possibilities to check this yourself.

    Best regards,

    Gianluigi di Gravesano-Carone, Minister of Foreign Affairs
     

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