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Bill: MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan
Details
Submitted by[?]: Chann National Party (CNP)
Status[?]: passed
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: August 3946
Description[?]:
| SUMMARY: This case is brought on appeal to the MINISTERIAL COURT contesting the validity of the March 3945 election results. Appellants claim foul play and undue influence on the part of the Chann Government in the outcomes, whereby the Channs have maintained a super majority despite winning only 9.8 million as compared to the Thubats winning 10.4 million. ISSUES PRESENTED: (1) Whether the Chann Government has unduly influenced the outcomes of the March 3945 elections; and, if so (2) What is the remedy. JUDGE PRESIDING: Vithu Chann, Minister of Justice and Chief Justice of the Ministerial Court ORDER OF PROCEEDINGS: (Wait for Prompt by Chief Justice to begin argument) I. Opening by Chief Justice II. Appellants Argument III. Respondents Argument IV. Closing by Chief Justice V. Decision Published |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 23:08:52, November 29, 2015 CET | From | Chann National Party (CNP) | To | Debating the MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan |
| Message | MR. CHIEF JUSTICE: Order! Order! We have before us YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan, who alleges foul play and undue influence on the part of the Chann Government with regard to the outcomes of the March 3945 Election Results. Attorney for Appellant, you may proceed with your oral argument. |
| Date | 01:31:57, December 01, 2015 CET | From | ثبات (Thubat) | To | Debating the MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan |
| Message | Ziya EL-HASHEM, counsel for Thubat: "Mr. Chief Justice, before I begin my client would like to state for the record that it does not believe that the Chief Justice can in good conscience deliver a decision in a case where not only is he a member of the administration which is accused of electoral tampering, but also is of the same family as the accused - we had hoped the Chief Justice would have recused himself prior to the beginning of the case, and have serious doubts now as to whether justice will be done in this case. We also wish to point out that the Justice department was recently granted an enormous budget increase by the Chann family without due debate (http://classic.particracy.net/viewbill.php?billid=454957) - perhaps to purchase the vote of this court? We will state our case nonetheless, so that Kafuristan and the world can know what transpired in the election of March, 3945. "Our case shall revolve around two points: first, that the government of Kafuristan, led by Arthur Chann, actively and unilaterally enacted legislation which disenfranchised Kafuris of Majatran descent, thus awarding its minority Gao-Solentian ethnic voting base power disproportionate to its size; and second, that the government of Kafuristan, led by Arthur Chann, created an atmosphere of fear and cynicism in which even those Majatran Kafuris who *could* vote were discouraged from doing so. As we shall see, these two circumstances led to a Channese electoral victory in spite of the fact that nearly half a million more votes were cast in favor of Thubat than in favor of the Noble House of Chann. "On our first point, I direct the court to the Chann Immigration Reform & Overhaul Act of 3932 (http://classic.particracy.net/viewbill.php?billid=452252) and to the Language Curriculum and Mandate Act of 3932 (http://classic.particracy.net/viewbill.php?billid=452332) both of which were passed unilaterally by the Channs within months of one another. The latter removed all education in Majatran and forced the majority of the population - Majatrans - to learn a new language in order to do business, seek education, and interact with the government. The former established that citizenship in Kafuristan would now longer be a right of all nationals, but instead only should be extended to those who could pass a qualifying exam. That exam is proctored only in the Solentian language, and as such many Majatrans are unable to pass - the number of new citizens of Majatran ethnicity in the years since the passage of these two acts has fallen drastically, and the number of new citizens of Gao-Solentian ethnicity has risen disproportionately. It was in this environment that the election of 3945 took place, and it is no wonder that the Chann family's political arm has won sixty three seats in the Senate despite representing an ethnicity that comprises only fifteen percent of the population - they have disenfranchised the Majatran Kafuri - even those born nationals of this nation must pass a test written by the Channs in the Channese language! We can see, therefore, that the Chann government has conspired to disenfranchise those of Majatran ethnicity in favor of those of Gao-Solentian ethnicity since at least 3932. "On our second point, it is our contention that the Chann government has created a general political atmosphere in Kafuristan which is discouraging to Majatran participation in the political process. The government has continuously boasted about its intentions to change the national character of Kafuristan from Majatran to Gao-Showan, and has even gone so far as to imply that Kafuristan should join in a nonsensical empire of Gao-Showan nations (http://forum.particracy.net/viewtopic.php?f=15&t=6491#p93759). Such a statement can hardly give hope to those of Majatran ethnicity, who as we have previously established find themselves with less and less say in the matter as their nation is taken further and further from its Majatran roots. Furthermore, the Chann government has engaged in practices which inspire fear in the Majatran populace. Let us not forget that the Chann government was installed at the tip of a sword in the early 3930s, and that only *after* invasion was a democratic face put onto the regime. The Chann family used its considerable private income to finance a mercenary and corporate takeover of Kafuristan, and dissent has been silenced. Even now the Majatran population cowers in fear as the Chann family authorizes a shady militia, loyal to the Chann family and outside of the control of the official government, illegal under the laws of Kafuristan, the Dragon Assassins, for an ill defined mission in response to a minor and isolated threat (http://forum.particracy.net/viewtopic.php?f=17&t=3913&start=280#p93856). Let us not forget, either, the violence with which the police force of this nation, much of which is comprised of mercenary veterans of the Chann invasion, responded to recent unrest in al-Kasraj, when it wounded seventeen and killed one in defense of Gao-Solentian property (http://forum.particracy.net/viewtopic.php?f=17&t=3913&start=280#p93878). With such fears in mind, it is no wonder that only thirty-one percent of voters cast ballots in the election (http://classic.particracy.net/viewnews.php?newsid=484210). "In conclusion, we have now established that, first, the Chann government has unilaterally enacted legislation which grants disproportionate influence and political power to their key voters and that, second, the Chann government has created an atmosphere of fear in Kafuristan which discourages Majatrans from participating in the political process. We again reiterate our doubts that we shall have a fair trial when Chann judges Chann, but we rest our case in the hopes that the world may notice." |
| Date | 03:00:26, December 01, 2015 CET | From | Chann National Party (CNP) | To | Debating the MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan |
| Message | MR. CHIEF JUSTICE: Thank you, Mr. El-Hashem. Attorney for Respondent, you shall proceed with your argument. |
| Date | 03:37:33, December 01, 2015 CET | From | Chann National Party (CNP) | To | Debating the MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan |
| Message | Mr. Hassan al-Omer, counsel for the Government: "Mr. Chief Justice, and may it please the Court. Let me first touch on the Appellants opening statement that somehow the budget increase is some form of the purchase of your vote. The fact of the matter is that the court system in Kafuristan has degraded and has not been in place under the many decades of extremist regimes and little to no government. The Government has provided the additional funding to establish a court whereby Mr. Samara can bring his appeal of the election results. If anything, the Government has shown due care in providing an adequate venue in which Mr. Samara can make his claim." "Secondly, Mr. Samara's attempting at drawing some line between you and the High Chancellor or perhaps the Governor is uncalled for and lacks of decorum and candor toward the tribunal. Simply because two may share a last name does not mean they are intimate family. Mr. Chief Justice, you for instance are a very distant cousin of the Governor and High Chancellor and exceed them, respectfully, by nearly 30 in years." "But moving onto the two issues that are in fact before the court, there has been no undue Government influence and disenfranchisement. With regard to the Immigration Reform & Overhaul Act, the goal of the law was to allow immigrants to claim citizenship. It is presumed that those born in Kafuristan are de facto citizens of Kafuristan. A literal reading of the text may be construed as Mr. Samara has construed them, but as applied - as the law has been administered - it has been administered to immigrants, not native-born kafuris. If indeed this law was meant to disenfranchise nationals, then native-born Kafuris who were born to Channese parents would also have to take the exam. Why would the govnerment, if it so favored, impose that same burden on the Channese? The Truth of the matter is that Mr. Samara has taken the literal meaning and has not looked at how the law as-applied and administered to immigrants." "With regard to the Language Curriculum and Mandate Act, Mr. Samara claims something quite the contrary to what the law itself states. Yes, the law does make Solentian the official Government language in all of its affairs and that education should be taught in solentian. But Mr. Samara ignores the results of the law - nearly an entire generation since 3932 are multilingual Solentian/Kafuri speakers. An Entire Generation. Those young majatrans brought up in the schools who are now of voting age can vote. In addition, the Spirit of the Law quite clearly states "and in order to provide multilingual skills.' It does not state that Kafuristan is to be a singular language nation, but a multilingual language. Furthermore, other languages are allowed by the statute and while the Government has Solentian as an official language, it does not rule out the government using multiple languages on the ballots. In fact, the ballots are in multilingual format - consistent with teh spirit of the law in having Kafuristan be a multi-lingual nation." "As to the claims of political atmosphere, we flatly and outrightly reject the theories put forth by Mr. Samara as pure conspiracy. Simply because a party loses at an election does not mean there is foul play or undue influence. So we refuse to say anything more on the matter other than that it is pure conspiracy." "In conclusion, there has been no fear. What we have instead is that after years of oppression, civil war, strife, Kafuristan now has a government that has championed civil liberties - granting the right for same-sex couples to marry, allowing homosexuals and women to serve on an equal status with men, increasing the wage to a living wage, and ridding the evil of a State sponsored religion." |
| Date | 03:38:20, December 01, 2015 CET | From | Chann National Party (CNP) | To | Debating the MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan |
| Message | MR. CHIEF JUSTICE: Thank you. I will have my decision prepared and presented as soon as I can. |
| Date | 04:59:18, December 01, 2015 CET | From | Chann National Party (CNP) | To | Debating the MINISTERIAL COURT: YASIR SAMARA, in his capacity as Director of Thubat v. ARTHUR CHANN, in his capacity as Governor of the Chann Republic of Kafuristan |
| Message | SUBMITTED FOR ARCHIVING PURPOSES |
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Voting
| Vote | Seats | |||
| yes |
Total Seats: 93 | |||
| no | Total Seats: 0 | |||
| abstain |
Total Seats: 7 |
| Random fact: Moderation will not accept Cultural Protocol updates which introduce, on a significant scale, cultures which are likely to be insufficiently accessible to players. In particular, for all significant cultures in Particracy, it should be easy for players to access and use online resources to assist with language translation and the generation of character names. Moderation reserves the right to amend Cultural Protocols which are deemed to have introduced significant cultures that are not sufficiently accessible and which are not being actively role-played with. |
| Random quote: "Since when did you care about women?" - Faith Chiang, former Gaduri politician |