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”iCHARTER OF RIGHTS AND FREEDOMS OF THE
PEOPLE OF THE MANCHUKUO”j Preamble The cabinet of Manchukuo, conscious that the will of
the people of the Manchukuo is the basis for the authority of its
Government; committed to sharing with all people a peaceful future based
on common values; recognizing the inherent dignity of all members of the
community of equals and of humankind; pledging that all people shall
enjoy the protection of the law of the Manchukuo against violations of
their inalienable rights and fundamental freedoms by the cabinet of
Government; believing that common recognition of these rights and
freedoms is of the greatest importance for the realization of this
pledge; therefore recognizes the rights and freedoms set out hereafter. Article 1 The male pronoun is used throughout this Charter
exclusively as a gender-neutral pronoun and all of the provisions of
this Charter apply equally to all persons regardless of gender. Article 2 The provisions of this Charter are addressed to
every person within the jurisdiction of the Manchukuo and of all
territories for the international relations of which the Manchukuo is
responsible. The status of personhood shall be extended by the
Government without exception to every sapient material being exhibiting
self-awareness and objectivity and having rational nature and the
ability to steer its attention and action purposively; however,
personhood shall not be extended to strictly legal entities, to
collections that include multiple persons, or to any non-human animals
that do not have and exhibit to the Government all of the requisite
criteria set forth herein. Article 3 Every person is equally possessed of the rights and
freedoms set forth in this Charter and are entitled to equal protection
against discrimination on behalf of the Government in violation of this
Charter. Article 4 The enjoyment of the rights and freedoms set forth
in this Charter shall be secured for every person without discrimination
on any ground. In particular, discrimination based on gender; race;
color; ethnic, national, or social origin; association with a national
minority; genetic features; size or stature; language; religion or
belief; political or other opinion; property; birth; disability; age;
sexual orientation; or other such status shall be prohibited.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional, or international status of the country or territory to
which a person belongs, whether it is independent, trust,
non-self-governing, or under any other limitation of sovereignty. Article 5 Every person whose rights and freedoms guaranteed by
this Charter are violated by the Government has the right to an
effective remedy at a fair and public hearing before the cabinet or an
impartial court or tribunal previously established by law. Acts or
omissions committed within the jurisdiction of the Manchukuo shall be
considered for the purposes of this Charter to have been committed by
the Government if they are committed with the authorization, support, or
acquiescence of the Government. Article 6 Every person has the right of physical access to a
standard of living adequate at minimum for the survival, health, and
subsistence of a typical individual. In particular, physical access to
safe and effective shelter, including adequate warmth; and regular and
sufficient supplies of safe drinking water and nutritious, unadulterated
food shall be secured for all persons by the Government. Article 7 No person who seeks it shall be denied access to
emergency medical care offered by the Government. Article 8 No person shall be condemned to the death penalty,
or executed against his will, by the Government. No person shall be
deprived of his life intentionally by the Government except when it
results from the use of force which is no more than absolutely necessary
in defense of any person from unlawful violence; in order to effect a
lawful arrest or to prevent the escape of a person lawfully detained; or
in action lawfully taken for the purpose of quelling a riot,
insurrection, or armed assembly. Article 9 It shall be prohibited for the Government to impose
any law which limits the right of any person to end his own life at
will, provided that the person has been judged competent by the cabinet,
a court or tribunal of the Manchukuo, or an institution or body of the
Government of the Manchukuo authorized by the cabinet to make such
determinations. Furthermore, it shall be prohibited for the Government
to impose any law which makes less eligible the will of such a person by
restricting his ability to seek or to obtain through voluntary request
assistance to end his own life. Article 10 No person shall be held against his will by the
Government in slavery or servitude. No person shall be required against
his will by the Government to perform forced or compulsory labor, with
the exception of work required to be done in complete or partial
fulfillments of a sentence imposed by the Government, or a court or
tribunal of the Manchukuo as penalty for an offence against the laws of
the Manchukuo committed by the person; and of any service extracted in
time of Proclaimed Emergency or other calamity threatening the life or
well-being of the Manchukuo or its people. Article 11 Every person has the right to have his physical
integrity respected by the Government. Insofar as is practicable, the
free and informed consent of a person must be sought before any
individual medical or biological treatment measure is undertaken on the
person by the institutions and bodies of the Government of the Manchukuo. Article 12 No person shall be subjected by the Government to
torture or to inhuman or degrading treatment or punishment. Article 13 The right to seek and enjoy asylum from persecution
shall be guaranteed to all persons by the Government with due respect
for the provisions of international agreements to which the Manchukuo is
a party. This right may not be invoked in the case of prosecutions
genuinely arising from acts or omissions contrary to the purposes and
principles of alliances of States or nations or other international
bodies to which the Manchukuo has been admitted. Article 14 It shall be prohibited for the Government to impose
any law which provides legal assistance to a foreign State from the
Government in any investigation commenced or proceeding instituted in
the foreign State and relating only to a domestic law of the foreign
State and not to a provision of an international agreement to which the
Manchukuo is a party. Article 15 The cabinet, and the courts and tribunals of the
Manchukuo shall be prohibited from recognizing any act or omission
committed by a person while outside the territory of the Manchukuo as an
extraditable offence unless the act or omission runs contrary to the
founding documents, declarations, or other acts of an alliance of States
or nations or other international body to which the Manchukuo has been
admitted. Article 16 No person shall be removed or expelled from the
territory of the Manchukuo by the Government to a foreign territory,
waters, or airspace where there is a serious risk that he would be
subjected to the death penalty, torture, or other inhuman or degrading
treatment or punishment; or to a foreign territory where there is a
serious risk that the Government of the territory would cause the person
to be subjected to such treatment or punishment in its own territory or
in other territories, airspaces, or waters. Article 17 Every person has the right to freedom of expression.
This right shall include freedom to transmit information and ideas
without interference of any kind by the Government and regardless of
frontiers. Article 18 Every person has the right to freedom of peaceful
and unarmed assembly and to freedom of association with others. No
restrictions shall be placed by the Government on the exercise of these
rights other than such as are necessary in the interests of national
security or public safety, for the prevention of disorder or crime, or
for the protection of health. Article 19 Every person who is arrested or detained by the
Government of the Manchukuo has the right to be informed promptly, in
one of the natural languages which he understands, of the reasons for
his arrest or detention and of any charge leveled against him by the
Government. Every person so arrested or detained has the right to take
proceedings by which the lawfulness of his arrest or detention shall be
decided speedily by an impartial court or tribunal of the Manchukuo, or
other institution or body of the Government of the Manchukuo previously
established by law and authorized by the court to make such
determinations, and to have his release ordered if the arrest or
detention is not lawful. Article 20 In the determination of his rights and duties and of
any charge leveled against him by the Government, every person is
entitled in full equality and within a reasonable time to a fair and
public hearing by an impartial court or tribunal of the Manchukuo, or
other institution or body of the Government of the Manchukuo previously
established by law and authorized by the cabinet to conduct such
hearings. Judgments of the government in this capacity, the courts and
tribunals of the Manchukuo, and institutions or bodies of the Government
of the Manchukuo authorized by the cabinet to make such judgments shall
be pronounced publicly in all cases but public access to the physical
premises of some or all portions of the hearing may be limited to the
extent strictly necessary, in the estimation of the cabinet or court or
tribunal or other institution or body hearing the case, in the interests
of public order, national security, or justice. Article 21 Every person charged by the Government with an
offence against the law of the Manchukuo and found to be competent to
stand trial for the offence by the impartial court or tribunal of the
Manchukuo, or other institution or body of the Government of the
Manchukuo authorized by the government to make such determinations is
entitled to the following minimum rights to be exercised according to
rules of procedure previously established by law: to be informed
promptly, in one of the natural languages which he understands and in
detail, of the nature and cause of the accusation against him; to have
adequate time and facilities for the preparation of his defense; to have
the proceedings of his trial held in whichever official language of the
Manchukuo he chooses; to defend himself in person or through legal
assistance of his own choosing and arrangement; to examine or have
examined by a legal assistant or legal assistants of his own choosing
and arrangement any witness against him; to receive the assistance of
the Government in obtaining the attendance of witnesses on his behalf
insofar as it is within their authority or ability to provide such
assistance; to examine or have examined by a legal assistant or legal
assistants of his own choosing and arrangement any witness on his behalf
under the same conditions as any witness against him; and to have the
free assistance of a competent interpreter provided for him, by the
Government if need be, if he cannot understand the language used in his
proceedings or if he cannot speak any official language of the Manchukuo. Article 22 It is prohibited for the Government to impose any
law which requires any person or persons other than the appropriate
presiding deliberative body or bodies to attend in person any portion of
the proceedings of a hearing held by the Prince, the courts or tribunals
of the Manchukuo, or the institutions or bodies of the Government of the
Manchukuo. Article 23 No person shall be held guilty by the Government of
an offence against the law of the Manchukuo on account of any act or
omission which did not constitute an offence under the law of the
Manchukuo at the time it was committed; Nor shall a heavier penalty be
imposed than that which was applicable at the time the act or omission
was committed. If, subsequent to the commission of an offence, the law
of the Manchukuo requires a lighter penalty be imposed for the same act
or omission than that which was applicable at the time the act or
omission was committed, it is the lighter penalty that shall be
applicable. Likewise if, subsequent to the commission of an offence, the
law of the Manchukuo stops recognizing an individual act or
omission as constituting an offence, no person shall be held guilty by
the Government of an offence on account of any such act or omission
which was committed prior to the stoppage in recognition. Article 24 Every person has the right to have his affairs
handled impartially, fairly, and within a reasonable time by the
institutions and bodies of the Government of the Manchukuo. This
includes the right of every person to be heard, in whichever official
language of the Manchukuo the person chooses, by the Government before any individual measure which would
affect the person adversely is taken; and the right of every person to
communicate with, and receive available resources from, any institution
or body of the Government of the Manchukuo in any official language of
the Manchukuo where there is sufficient demand for communications with
and services from that institution or body in such language or, due to
the nature of the institution or body, it is, in the estimation of the
Government, reasonable that communications with and services from that
institution or body be available in such language. Article 25 Every person has the right of access to any
information contained in official documents of the Government of the
Manchukuo, with the exception of information justifiably considered
sensitive by the Government for reasons related to national security or
public safety, which shall be made accessible only in accordance with
practices and procedures established by law. All information contained
in official documents of the Government of the Manchukuo that is
accessible in a foreign natural language shall be made accessible by the
Government in at least one official language of the Manchukuo. Article 26 Upon receipt of a written request in an official
language of the Manchukuo from any natural person or member or organ of
an alliance of States or nations or other international body to which
the Manchukuo has been admitted, the Government shall furnish an
explanation, in the same language, of the manner in which the law of the
Manchukuo ensures the effective implementation of any of the provisions
of the Charter. Article 27 In time of Proclaimed Emergency or other calamity
threatening the life or well-being of the Manchukuo or its people may
take measures derogating from his duties or the duties of his Government
under this Charter to the extent strictly required by the exigencies of
the situation, provided that such measures are not inconsistent with his
other obligations under international law. Article 28 Nothing in this Charter shall be interpreted as
restricting or adversely affecting human rights and fundamental freedoms
as recognized, in their respective fields of application, by the law of
the Manchukuo and international law and by international agreements to
which the Manchukuo is a party. Article 29 Nothing in this Charter shall be interpreted as
implying any right of the Government to engage in any activity or to
perform any act aimed at the destruction of any of the rights and
freedoms recognized in this Charter or at their limitation to a greater
extent than is provided for herein. Article 30 The restrictions permitted under this Charter to the
rights and freedoms set forth herein shall not be applied by the
Government for any other purpose than those for which they have been
prescribed by this Charter. Article 31 No provision of the present Charter may be
effectively amended until detailed notice contained in a proclamation of
the proposed amendment has been made by the cabinet, and until the
appropriate authorities of all alliances of States or nations and other
international bodies to which the Manchukuo has been admitted have been
fully informed of the content of this proclamation. Furthermore, no
proposed amendment of a provision of the present Charter shall become
effective if the proposed amendment as set forth in the above-mentioned
proclamation is opposed by the will of the people of the Manchukuo as expressed in accordance with free
voting procedures previously established by law. Failing such
opposition, the amendment of a provision of this Charter will become
effective immediately upon a second proclamation by the cabinet, to the
effect that all of the criteria for effective amendment set forth in
this Charter have been met. Such an effective amendment shall not have
the effect of releasing the Government from duties under this Charter in
respect of any act or omission which, being capable of constituting a
violation of such duties, may have been committed ”@ |
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