STATUTE of THE WORLD COURT OF HUMAN RIGHTS

PREAMBLE

WE, THE DELEGATES OF THE WORLD GOVERNMENT OF WORLD CITIZENS, IN CONVENTION ASSEMBLED, 12 JUNE, 1974, IN MULHOUSE, FRANCE, REPRESENTING MORE THAN TWO MILLION ADHERENTS, AND ACTING ON BEHALF OF THE PEOPLE OF THE WORLD COMMUNITY, UNANIMOUSLY

BY VIRTUE OF THE FOREGOING,

THE CONVENTION OF THE WORLD GOVERNMENT OF WORLD CITIZENS SOLEMNLY DECLARES: IN ORDER TO MORE FULLY ESTABLISH AND IMPLEMENT THE SANCTITY OF HUMAN FREEDOM AND THE SECURITY OF THE PERSON, PROVIDE FOR THE GLOBAL SOVEREIGNTY OF THE PERSON AND GUARANTEE ALL HUMAN RIGHTS, ADOPT THE PRINCIPLES OF WORLDWIDE DUE PROCESS OF LAW, THE PRINCIPLES OF NATURAL JUSTICE, AND THE DEFINITIVE LEGAL REMEDY OF THE WRIT OF WORLD HABEAS CORPUS, HEREBY STRUCTURES THE WORLD COURT OF HUMAN RIGHTS.

CHAPTER I

ARTICLE I THE STRUCTURE

The HIGH COURT is presided over by the CHIEF JUSTICE. The REGIONAL COURTS are to be presided over by ASSOCIATE JUSTICES . CHIEF ASSOCIATE JUSTICES are to be available to assist the CHIEF JUSTICE in the total administration.

ARTICLE II REMEDIES

The COURT is empowered to process petitions for the WRIT OF WORLD HABEAS CORPUS and other complaints or communications by and on behalf of individuals when their individual security or other human rights are violated without DUE PROCESS OF LAW.

ARTICLE III THE JURISTS

The REGIONAL COURTS presided over by the CHIEF JUSTICE shall be composed of a body of distinguished jurists of global stature and high moral character, who possess the qualifications required for appointment to the highest judicial offices, or are JURIS-CONSULTS of recognized competence in World Law.

ARTICLE IV JURISDICTION

ARTICLE V ASSOCIATE JUSTICES

To be designated by the CHIEF JUSTICE, in consultation with legal faculties and schools of law, and sections of academies devoted to the study of world law.

ARTICLE VI TENURE

ARTICLE VII REPLACEMENT

A MEMBER of the COURT designated to replace a member whose term office has not expired shall hold office for the remainder of his predecessor's term. An ASSOCIATE JUSTICE may be removed by a majority of the ASSOCIATE JUSTICES. The CHIEF JUSTICE shall vote only in the event a tie.

ARTICLE VIII INDEPENDENCE

ARTICLE IX INTEGRITY

ARTICLE X DISMISSAL

ARTICLE XI OATH

Every MEMBER of the COURT shall, before taking up the duties, make a solemn declaration in open COURT: "I am a citizen of the WORLD GOVERNMENT of WORLD CITIZENS and will exercise my powers impartially and conscientiously."

ARTICLE XII REGISTRARS, - CLERKS, - CONSENT

The CHIEF JUSTICE and ASSOCIATE JUSTICES shall appoint their REGISTRARS and may provide for the appointment of such other officers as may be necessary to fulfill the duties of the COURT. Each CIRCUIT TRIBUNAL shall appoint a CLERK to assist the CHIEF JUSTICE. The CLERK shall be a person learned in world law, who shall furnish information upon some matter of law in regards to which the JUSTICE is doubtful or mistaken, or upon a matter of which the COURT may take judicial cognizance. The CLERK shall be a person not interested in any cases that will be affected by the decision. The ASSOCIATE JUSTICE need not secure the consent of the parties involved or of counsel of record to appoint Registrars or CLERK.

ARTICLE XIII PRESIDING OFFICERS

The CHIEF JUSTICE and the ASSOCIATE JUSTICES shall be the PRESIDING OFFICERS of their respective TRIBUNALS.

ARTICLE XIV COURT OF REVIEW

JUSTICES designated by the CHIEF JUSTICE, shall be determined by the CHIEF JUSTICE to accommodate all parties in interest. This, however, shall not prevent the COURT OF REVIEW from sitting and exercising its functions elsewhere whenever it so desires.

ARTICLE XV PERMANENT SESSION

ARTICLE XVI ALTERNATES

ARTICLE XVII FULL COURT

The FULL COURT shall sit in all judicial venues except when it is expressly determined otherwise by the CHIEF JUSTICE.

ARTICLE XVIII JUDGMENT

A JUDGMENT given by any of the CIRCUIT TRIBUNALS shall be considered as rendered by the COURT and shall be subject to review only by the CHIEF JUSTICE and TWO DESIGNATED ASSOCIATE JUSTICES.

ARTICLE XIX APPEALS

APPEALS shall be permitted from decision of the REGIONAL TRIBUNALS when it appears:

ARTICLE XX RULES

The COURT SHALL DETERMINE RULES OF PROCEDURE from time to time for carrying out its functions.

ARTICLE XXI EMOLUMENTS

ARTICLE XXII COURT EXPENSE

The expense of each REGIONAL COURT shall be borne by each Tribunal.

CHAPTER II

ARTICLE XXIII COMPETENCE

Only INDIVIDUALS or GROUPS OF INDIVIDUALS may be parties in cases before the COURT to seek redress for deprivation of any human right.

ARTICLE XXIV ACCESS TO COURT

ARTICLE XXV WORLD BILL OF RIGHTS

ARTICLE XXVI WORLD HABEAS CORPUS

The types of violations for which the WRIT OF WORLD HABEAS CORPUS shall apply include those rights designated in ARTICLE XXV.

ARTICLE XXVII SANCTIONS

The ORDERS of the COURT shall be made effective by the conscience. integrity and moral force of World Law.

CHAPTER III

ARTICLE XXVIII SPECIAL COMPETENCE OF THE CHIEF JUSTICE

The CHIEF JUSTICE of the COURT shall perrnit APPEALS from decisions of the CIRCUIT TRIBUNALS when it appears to at least one-third of the ASSOCIATE JUSTICES of the COURT:

CHAPTER IV

ARTICLE XXIX VENUE

Each PETITION for the WRIT OF WORLD HABEAS CORPUS shall be made to the CIRCUIT TRIBUNAL of the COURT having jurisdiction over the place where the person is detained, imprisoned or deprived of any other human rights.

ARTICLE XXX ALLEGATIONS

The PETITION shall state in substance:

ARTICLE XXXI PRIMA FACE RELIEF

Unless it appears from the PETITION itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to BAIL or otherwise relieved, an ASSOCIATE JUSTICE may find, prima facie, that a PETITION is legacy sufficient, and, upon so finding, shall be empowered to issue a SHOW CAUSE order upon the RESPONDENT STATE as to why the WRIT OF WORLD HABEAS CORPUS should not issue or the relief sought should not be granted.

ARTICLE XXXII SHOW CAUSE

A SHOW CAUSE ORDER shall be issued under the SEAL of the COURT and shall request the RESPONDENT to ANSWER within ten days provided, however, that the COURT may extend the period, if, in the opinion of the COURT and in the interests of total justice more time is required as requested by the RESPONDENT STATE. Summary justice is the essence of the COURT.

ARTICLE XXXIII RETURN TO SHOW CAUSE ORDER

The RESPONDENT STATE upon whom such ORDER is served, or is charged with judicial knowledge thereof, shall, in its ANSWER or RETURN, plainly and unequivocally allege:

ARTICLE XXXIV MOTION TO DISMISS

If the RESPONDENT STATE moves to dismiss the PETITION for prima facie insufficiency, the PETITIONER shall be allowed reasonable time to challenge said MOTION to DISMISS and a prompt hearing shall be set.

ARTICLE XXXV FAILURE TO SHOW CAUSE

If the RESPONDENT STATE fails to SHOW CAUSE within the time so ordered, or if the COURT finds that the cause shown is not a legally sufficient one, the COURT shall, without further notice, be empowered to issue the WRIT OF WORLD HABEAS CORPUS and set an early date for hearing on the relief sought.

ARTICLE XXXVI SUBPOENAS

ARTICLE XXXVII SERVICE

Service shall be made by leaving a copy of the WRIT or SUBPOENA or complaint with the office of the CHIEF EXECUTIVE OFFICER of the RESPONDENT STATE, or with any other officials who have authority to act directly on the STATE' S behalf, or who are directly answerable to the CHIEF EXECUTIVE in the normal course of their official duties.

ARTICLE XXXVIII PRODUCTION OF BODY

The RESPONDENT STATE, shall at the time of making the RETURN, disclose the person's[s'] actual or constructive custody, according to the command of the WRIT.

ARTICLE XXXIX INFIRMITY OF PETITIONER

If the petitioner, or subject party, cannot without danger, be brought to the place appointed for the RETURN of the WRIT, that fact shall be stated in the RETURN, and if it be proved to the satisfaction of the COURT, the COURT may proceed to hearing or make such other ORDER in the case as law and justice require.

ARTICLE XL CUSTODY

Whenever it shall appear by the petition that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken out of the jurisdiction of the CIRCUIT COURT to which PETITION was made, or will suffer some injury before compliance with the WRIT can he enforced, the COURT may cause the EXECUTIVE OFFICE of the RESPONDENT STATE to take the subject party into its direct or supervisory custody and be held harmless.

ARTICLE XLI NO DELAY

Upon the RESPONDENT'S RETURN or ANSWER the COURT shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination maybe adjourned from time to time as circumstances and substantive justice requires.

ARTICLE XLII DEFENSE TO RETURN

The party imprisoned or restrained may TRAVERSE any of the material facts set forth in the RESPONDENTS RETURN or ANSWER, and may allege any other facts that may be material in the case, which TRAVERSE shall be on affirmation or oath; and the COURT shall proceed to summary hearing on its established rules of procedure consistent with DUE PROCESS OF LAW.

ARTICLE XLIII HEARINGS

The hearings shall be under the control of the presiding JUSTICE or if s/he is unable to preside, by an ALTERNATE JUSTICE designated by the CHIEF JUSTICE.

ARTICLE XLIV PUBLIC HEARINGS

The hearing in COURT shall be public.

ARTICLE XLV MINUTES

ARTICLE XLVI FLEXIBILITY OF PROCEDURE

The COURT shall make orders for the conduct of each case, shall decide the form and time in which each of the parties must conclude their presentation of evidence and arguments and make all arrangements connected with the presenting or taking of evidence, including deposition form, if necessary.

ARTICLE XLVII FINALITY

The COURT will not consider invidious assumptions or conjectures but will base its judgment on the integrity and independence of appropriate, competent, material, relevant and ascertainable fact. The COURT will rely on the principle of judicial reconciliation in determining culpability. If an accused STATE fails to appear in an inquiry or hearing then the COURT will hear evidence under appropriate safeguards and communicate with the accused STATE for its REPLY or REBUTTAL. If declination persists then the COURT shall proceed EXPARTE. All unchallenged or unrebutted evidence shall be considered as PRO CONFESSO and final.

Notice:
This draft Statute of the World Court of Human Rights is being distributed to jurists, legal academicians, diplomats and government leaders for comments, suggestions and criticism. The World Judicial Commission is seeking feedback as well from the nonlegal, nongovernmental community. The presentation and the content are subject to change.

World Judicial Commission c/o Legal Department World Service Authority
5 Thomas Circle NW, Washington, DC 20005
Tel: (202) 638-2662
Fax: (202) 638-0638

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