10-02-2019, 04:42 AM
With a view to codify the provisions regarding the status of detainees the Senate of the Maltese Unitary Republic of Hispania hereby adopts this bill.
![[Image: BU7dlK2.png]](https://i.imgur.com/BU7dlK2.png)
Article 1: Definitions
Article 2: Detainee Categorisation
Article 3: Rights, Employment, and Responsibilities of Detainees
Article 4: Life
Article 5: Change of legal guardian
Article 6: Assuming residenship status
Article 7: Revision
Bill #194 on Detainee Status
Article 1: Definitions
1.1. Detainee is a person who under certain conditions has lost his or her personal freedoms fully or partially and is detained by an entity or an individual on an indefinite term.
1.2. Detainer is an entity or an individual who is the legal guardian of a detainee.
1.3. Maltese Hispania shall refer to the Maltese Unitary Republic of Hispania
1.2. Detainer is an entity or an individual who is the legal guardian of a detainee.
1.3. Maltese Hispania shall refer to the Maltese Unitary Republic of Hispania
Article 2: Detainee Categorisation
2.1 For the purpose of increased efficiency of the practice of detainees and their integration into Maltese Hispania’s society, detainees are divided into the following categories.
2.2 Detainees are subject to category change as it is provided further in this bill. The category acquired after the change is regardless of the circumstances of detainment.
2.3 Individuals identified as belonging to allied, friendly, or otherwise important to Maltese Hispania entity, shall be received under the status of “guests” and be subsequently returned to the respected entity unless expressly desiring to remain under Maltese jurisdiction in the capacity of a resident, if the legislation so allows.
- Category A: “prisoners of prisoners” (PoP) is a detainee that has been detained as a result of being freed from captivity of a non-friendly to Maltese Hispania entity, and is not representing an allied, friendly, or otherwise important to Maltese Hispania entity. Upmost category of detainees enjoying the widest range of rights and protection. Close to the status of a resident.
- Category B: “Non-violent detainee” (NVD) is a detainee that has been detained in a non-violent way by either being freed from captivity, procured, picked up in space or stranded on a celestial body, or willingly surrendered without requesting the status of a refugee, and is not representing an allied, friendly, or otherwise important to Maltese Hispania entity. Upper category of detainees enjoying significant range of rights and protection.
- Category C: “Regular detainee” (RD) is a detainee that has been detained as a result of violent actions such as space or ground battle, or other violent means, but was not a direct combatant, or was a combatant in battle to which Maltese Hispania’s citizens or their allies were a third party. RD shall also not represent an allied, friendly, or otherwise important to Maltese Hispania entity. Middle category enjoying sufficient rights and protection.
- Category D: “Prisoner of war” (POW) is a detainee that has been detained as a result of violent actions such as space or ground battle, or other violent means, and was a combatant opposing Maltese Hispania’s citizens or their allies. Lower category that is deemed as capable of re-education. Enjoying basic rights and protection.
- Category E: “Perpetrator” (PP) is a detainee that has been detained as a result of violation of the legislation of Maltese Hispania, and/or detainees of other categories who attempted to escape more than once. Criminal category that is capable of re-education and is subject to punishment for misdeeds. Enjoying only the basic minimum of rights and protection.
- Category F: “Scum” (SC) is a detainee that is considered to be enemy of the state of Maltese Hispania due to either being a criminal known to have committed felonies against the citizens of Maltese Hispania, inflicting significant damage against the citizens or state of Maltese Hispania, having consistently infringing the conditions of detainment, or having been designated as such. The category is identified as non-humans. Category of scum that is deemed as incapable of re-education and does not deserve any rights and protection and can be used in any manner at the discretion of a detainer.
2.2 Detainees are subject to category change as it is provided further in this bill. The category acquired after the change is regardless of the circumstances of detainment.
2.3 Individuals identified as belonging to allied, friendly, or otherwise important to Maltese Hispania entity, shall be received under the status of “guests” and be subsequently returned to the respected entity unless expressly desiring to remain under Maltese jurisdiction in the capacity of a resident, if the legislation so allows.
Article 3: Rights, Employment, and Responsibilities of Detainees
3.1 Rights
3.2 Such rights as freedom of expression and freedom of consciousness are exempted from detainees for the purpose of stability of the society, and for security reasons.
3.3. Employment.
The detainees shall be allowed to engage in any profession unless hereunder prohibited for each category, unless voluntary willing to participate in the industries listed. The final decision on profession belongs to the detainer.
3.4. Responsibilities
Each detainee is considered to be legal minors and employees of a detainer. They are bound by this bill to carry out the tasks and responsibilities prescribed by the detainer.
| Category | Rights |
| A |
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| B |
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| C |
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| D |
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| E |
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| F |
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3.2 Such rights as freedom of expression and freedom of consciousness are exempted from detainees for the purpose of stability of the society, and for security reasons.
3.3. Employment.
The detainees shall be allowed to engage in any profession unless hereunder prohibited for each category, unless voluntary willing to participate in the industries listed. The final decision on profession belongs to the detainer.
| Category | Forbidden Industries |
| A |
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| B |
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| C |
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| D |
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| E |
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| F |
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3.4. Responsibilities
Each detainee is considered to be legal minors and employees of a detainer. They are bound by this bill to carry out the tasks and responsibilities prescribed by the detainer.
3.4.1. A detainer has the right to punish a detainee for refusing to cooperate and perform one’s responsibilities in a manner deemed appropriate, unless it violates the rights granted to detainees in this bill.
3.4.2. A detainer as a legal guardian of a detainee has responsibilities before a detainee in satisfying the rights outlined above. Where applicable, a detainer is to pay allowance to a detainee and provide freedom of movement and choosing place of dwelling.
3.4.3. Given the ever-increasing automatisation of labour, the ultimate goal of detainee practice is not increase of labour force but mitigation of natural low fertility in Maltese Hispania’s society. Having this in mind, the detainees are to be encouraged to join and assimilate in Maltese Hispania’s society, and it is a sacred duty of every detainer to create conditions favourable to that end.
3.4.4. A detainer is to keep registry and track of detainees. In case of buy/sell operations, a record is to be made regardless of the category. The form of record can vary but it is to include mandatory graphs of genetic lineage, family members, crime record, previous occupations, measurement of loyalty to Maltese Hispania and readiness to integration into society.
3.4.2. A detainer as a legal guardian of a detainee has responsibilities before a detainee in satisfying the rights outlined above. Where applicable, a detainer is to pay allowance to a detainee and provide freedom of movement and choosing place of dwelling.
3.4.3. Given the ever-increasing automatisation of labour, the ultimate goal of detainee practice is not increase of labour force but mitigation of natural low fertility in Maltese Hispania’s society. Having this in mind, the detainees are to be encouraged to join and assimilate in Maltese Hispania’s society, and it is a sacred duty of every detainer to create conditions favourable to that end.
3.4.4. A detainer is to keep registry and track of detainees. In case of buy/sell operations, a record is to be made regardless of the category. The form of record can vary but it is to include mandatory graphs of genetic lineage, family members, crime record, previous occupations, measurement of loyalty to Maltese Hispania and readiness to integration into society.
Article 4: Life
4.1. Every human life is sacred within Maltese Hispania. No detainee shall be put to risk of life unless extreme circumstances demand so.
4.2. The quality of life of a detainee is to be kept at appropriate level to create favourable image of living in Maltese Hispania and prepare for further integration in the society. A detainer is to refrain from unnecessary degrading treatment of a detainee, be it psysical or psychological one.
4.2. The quality of life of a detainee is to be kept at appropriate level to create favourable image of living in Maltese Hispania and prepare for further integration in the society. A detainer is to refrain from unnecessary degrading treatment of a detainee, be it psysical or psychological one.
Article 5: Change of legal guardian
5.1. Detainees are generally allowed to be exchanged between their legal guardians either freely or under a commercial provision.
5.2. If applicable, detainees of categories A, B, and C are to be put under new legal guardianship as a family unit.
5.3. Detainees of categories A, B, C are generally not given to legal guardianship outside of Maltese Hispania. Exceptions can be made in certain circumstances that outweigh the benefits of them being present in Maltese Hispania’s space.
5.4. Detainees that are eligible for provision of resident status are forbidden to be put under legal guardianship outside of Maltese Hispania.
5.5. Fertile women aged 18-35, as well as children, are forbidden to to be put under legal guardianship outside of Maltese Hispania.
5.6. Detainees of strategic importance regardless of the category are strictly forbidden to change legal guardianship without the notice and subsequent permission of the authorities.
5.2. If applicable, detainees of categories A, B, and C are to be put under new legal guardianship as a family unit.
5.3. Detainees of categories A, B, C are generally not given to legal guardianship outside of Maltese Hispania. Exceptions can be made in certain circumstances that outweigh the benefits of them being present in Maltese Hispania’s space.
5.4. Detainees that are eligible for provision of resident status are forbidden to be put under legal guardianship outside of Maltese Hispania.
5.5. Fertile women aged 18-35, as well as children, are forbidden to to be put under legal guardianship outside of Maltese Hispania.
5.5.1. The exception can be made for women of Kusari origin that are offered to join Golden Chrysanthemums as a way to freedom. In that case, they are put under the legal guardianship of Golden Chrysanthemums for a tentative period of one year and are considered to be allied entities thereafter should the tentative period end in their joining Golden Chrysanthemums ranks.
5.6. Detainees of strategic importance regardless of the category are strictly forbidden to change legal guardianship without the notice and subsequent permission of the authorities.
Article 6: Assuming residenship status
6.1. Detainees of categories A and B having spent over five years within the territories of Maltese Hispania and having no objections from the Detainer have the right to apply for the status of a resident.
6.1.2. The status of a resident cancels the status of a detainee and all the rights and freedoms thereof. If one member of a nuclear family of parents and children assumes the status of a resident, all members of such family automatically assume the status of a resident unless belonging to categories D, E, F.
6.1.3. As a resident, an individual is entitled to all rights of a citizen of Malta, except for passive and active right of voice.
6.1.4. Grandchildren of an individual having assumed resident status will be considered citizens of Malta unless the status of a resident of their grandparents or parents is lost or emigrating from Maltese Hispania and consistently living outside of it for at least one year.
6.1.3. As a resident, an individual is entitled to all rights of a citizen of Malta, except for passive and active right of voice.
6.1.4. Grandchildren of an individual having assumed resident status will be considered citizens of Malta unless the status of a resident of their grandparents or parents is lost or emigrating from Maltese Hispania and consistently living outside of it for at least one year.
Article 7: Revision
7.1. The current version of the document is effective within the territories under jurisdiction of Maltese Hispania. The text can be subject to amendments. In case of amendments, the list thereof shall be provided in this Article 7 of the document. The latest version of the document is considered to be effective.