Declaration of Rights of Tsumiyokian Clans and Citizens

As of April, 2024

 

Preamble :

The dignity of clans and citizens is intangible.

All public authorities have an obligation to respect and protect it.

Accordingly, the Tsumiyokian nation recognizes clans and citizens inviolable and inalienable rights as the foundation of all community, peace and justice in the nation.

The fundamental rights set out below.

Article 1, Right to life:

 Every citizen is guaranteed the right to life, no one can intentionally deprive them of the right, with the exception of the execution of a capital sentence pronounced by a court in the event that the offense is punishable by this penalty by law. .

Death is not considered to be inflicted in violation of this article in cases where it results from the use of force made absolutely necessary:

-          to ensure the defense of every citizen against unlawful violence;

-          to effect a lawful arrest or to prevent the escape of a citizen lawfully detained;

-          to suppress, according to law, a riot or insurrection;

The right to life also implies the right to death. Death is also not considered to be inflicted in violation of this article if it is inflicted on a consenting person at their request, in accordance with the law.

Article 2, Prohibition of torture:

No one may be subjected to torture or to inhuman or degrading treatment or punishment.

Article 3, Prohibition of slavery and forced labour:

No one may be held in slavery or servitude or compelled to perform forced or compulsory labour.

The following shall not be considered as "forced or compulsory labour" within the meaning of this article:

-          any work normally required of a person subject to detention under the conditions provided for in article 4 of this declaration, or during his conditional release;

-          any service of a military nature;

-          any service required in the event of crises or calamities that threaten the life, stability or well-being of the clan or nation;

-          any work or service forming part of normal civic obligations.

Article 4, Right to liberty and security:

Every citizen has the right to liberty and security. No one may be deprived of his freedom, except in the following cases and according to legal means:

-          if he is lawfully detained after conviction by a competent court;

-          if he has been lawfully arrested or detained for failure to comply with an order made, according to law, by a court or in order to secure the execution of an obligation prescribed by law;

-          if he has been arrested and detained with a view to bringing him before the competent judicial authority, where there are reasonable grounds to suspect that he has committed an offense or there are reasonable grounds to believe that the need to prevent him from committing an offense or from absconding after the commission of it;

-          if it concerns the lawful detention of a minor, decided for his supervised education or his lawful detention, in order to bring him before the competent authority;

-          if it concerns the regular detention of a person likely to spread a contagious disease, of a lunatic, an alcoholic, a drug addict or a vagrant;

-          if it is the lawful arrest or detention of a person to prevent him from entering the territory irregularly, or against which a procedure of expulsion or extradition is in progress.

-          if it is the regular arrest or detention of a person who is deemed harmful to the political, social or economic stability of the State, of one or more clans, or national security.

Any citizen arrested must be informed, as soon as possible and in a language that he understands, of the reasons for his arrest and of any accusation brought against him.

Any citizen arrested or detained, under the conditions provided for in paragraph one paragraph three of this article, must be immediately brought before a judge or another magistrate authorized by law to exercise judicial functions and has the right to be tried within a reasonable, or released during the proceedings. Release may be subject to a guarantee ensuring the appearance of the person concerned at the hearing.

Any citizen deprived of his freedom by arrest or detention has the right to lodge an appeal before a court, so that it can rule speedily on the legality of his detention and order his release if the detention is illegal.

Any citizen who is the victim of an arrest or detention in conditions contrary to the provisions of this article has the right to compensation.

Article 5, Right to a fair trial:

Every citizen or clan has the right to have his case heard fairly, publicly and within a reasonable time by an independent and impartial tribunal, established by law, which will decide either disputes over his civil rights and obligations, or the merits of any criminal charges brought against him. Judgment must be rendered publicly, but the press and the public may be closed to the courtroom during all or part of the trial in the interest of morality, public order or national security in a civilized society, when the interests of minors or the protection of the privacy of the parties to the proceedings so require, or to the extent deemed strictly necessary by the court, when in special circumstances publicity would be likely to prejudice to the interests of justice.

Any citizen or clan accused of an offense is presumed innocent until proven guilty.

Any defendant has the right, in particular, to:

-          to be informed, as soon as possible, in a language he understands and in detail, of the nature and cause of the accusation brought against him;

-          have the time and facilities necessary to prepare their defence;

-          defend himself or have the assistance of a defender of his choice and, if he does not have the means to pay a defender, be able to be assisted free of charge by an official lawyer, when the interests of justice require it;

-          examine or have examined witnesses against him and obtain the summons and examination of witnesses on his behalf under the same conditions as witnesses against him;

-          to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 6, No punishment without law:

No one may be condemned for an action or omission which, at the time it was committed, did not constitute an offense under national, clan or international law. Similarly, no penalty is imposed greater than that which was applicable at the time the offense was committed.

This article shall not affect the trial and punishment of any person guilty of any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the civilized nations.

Article 7, Right to an effective remedy:

Any citizen or any clan whose rights and freedoms recognized in this declaration have been violated, has the right to the granting of an effective remedy before a national authority, even though the violation would have been committed by persons acting in the exercise of their official functions.

Article 8, Freedom of thought, conscience and religion:

Every citizen has the right to freedom of thought, conscience and religion; this right implies the freedom to change one's religion or belief, as well as the freedom to manifest one's religion or belief individually or collectively, in public or in private, through worship, teaching, practices and the performance of rites .

The freedom to manifest one's religion or beliefs may not be subject to restrictions other than those which, provided for by law, constitute measures necessary, in a civilized society, for public security, the protection of public order , public health or morals, or the protection of the rights and freedoms of others.

Article 9, Freedom of expression:

Every citizen or clan has the right to freedom of expression. This right includes freedom of opinion and the freedom to receive or impart information or ideas without interference by public authorities, restrictions or penalties provided by law, which constitute necessary measures, in civilized society, national security, territorial integrity or public safety, the prevention of order and the prevention of crime, the protection of health or morals, the protection of reputation or rights of others, to prevent disclosure of confidential information or to ensure the authority and impartiality of the judiciary.

Article 10, Freedom of assembly and association:

Every citizen or clan has the right to freedom of peaceful assembly and freedom of association, including the right to form trade unions with others and to join trade unions for the defense of their interests.

The exercise of these rights may not be subject to restrictions other than those which, provided for by law, constitute measures necessary, in a civilized society, for national security, public safety, the defense of the order and the prevention of crime, the protection of health or morals, or the protection of the rights and freedoms of others. This article does not prohibit the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, the police or the clan administration.

Article 11, Protection of property:

Any citizen, any clan, or any entity legally recognized by the State has the right to the respect of its property. No one may be deprived of his property except for reasons of public utility and under the conditions provided for by law. Intellectual property is also respected.

The foregoing provisions do not affect the right of clans or the state to enforce such laws as they deem necessary to regulate the use of property in accordance with the general interest or to secure the payment of taxes or 

Article 12, Heritage:

Concurrently with article eleven of this declaration, the right of any citizen or clan to inherit the property of the deceased according to the criteria and under the conditions defined by law.

Article 13, Right to respect for private, family and clan life:

Every citizen has the right to respect for his private and family life, his home and his correspondence.

Every clan has the right to respect for its private operations, without external interference from another clan.

There may be interference by a public authority with the exercise of this right only insofar as such interference is prescribed by law and constitutes a measure which, in a civilized society, is necessary for national security, public safety, the economic well-being of the country, the preservation of order and the prevention of criminal offences, the protection of health or morals, or the protection of the rights and freedoms of others .

Article 14, Right to Marriage:

From the age of marriage, every citizen has the right to marry and found a family according to the national and clan laws governing the exercise of this right.

Article 15, Equality between spouses:

Spouses enjoy equal civil rights and responsibilities between themselves and in their relations with their children with regard to marriage, during the marriage and upon its dissolution. This article does not prevent the clans, or in the cases where the clans are unable to do so, the State, to take the necessary measures in the interest of the children.

Article 16, Right to education:

No one may be denied the right to education, in at least one of their ancestral or mother tongues, in accordance with the law. The State or the clans, in the exercise of the functions which they will assume in the field of education and teaching, will respect the right of the parents to ensure this education and this teaching in accordance with their religious, cultural convictions and philosophical.

Article 17, Prohibition of discrimination:

The enjoyment of any right provided for by law and recognized in this declaration must be ensured, without any discrimination whatsoever, based in particular on sex, race, color, language, religion, political opinions or any other opinions, clan or social origin, membership of a national minority, wealth, birth or any other status.

No one may be discriminated against by any public authority based in particular on the grounds mentioned in paragraph one.

 

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