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Issues of Immunity

Posted: Mon Mar 19, 2012 12:00 am
by *Darkrob
***a letter is sent to the Bureau Chief who was present during the sentencing phase of the D'Kridis trial and also the Bureau Chief of Garens Department***

Bureau Chief

First of all allow me to extend a thank you for the opportunity to observe, and take part, in the recent sentencing of Citizen dÂ’Kridis. It was interesting to see, firsthand, the workings of the Mercykiller program on punishment standards. I feel I have much to learn in understanding the standards to which they apply their justice and look forward to observing this further.

The reason IÂ’m contacting you is that during the sentencing of the prisoner it was noted, by DÂ’Kridis himself, about certain aspects of his property that he had attempted to use to avoid the punishment for his crimes. He brought forth an immunity contract based on his tower. Needless to say, I was very surprised that such zones would be permitted to exist within the city and, most certainly, for people outside the sphere of law enforcement.

I have retrieved a copy of this contract in an attempt to more closely understand it and find that it can be removed if necessary.

First allow me to state I believe strongly that there should be no part in this city, its attached environs or satellite communities and territories, which should be permitted to exist as safe havens from the law. The law is universal in that it must be applied to all and exempt by none. While I now focus on this tower, I will most certainly attempt to snuff out all “exclusion zones” if any more should exist.

The main issue with this tower is that it creates a pocket plane within the city. While not actually existing as a plane in and of itself, it does exist under different rules as opposed to the rest of the city around it. I understand, by reading the contract that this was by negotiated design by the council. While I will not question the councilÂ’s decisions, I will give specific options with which to deal with this issue.

The first issue is by far the easiest. Under section 3, subsection 6, point A1 of the contract it states:

Should it be shown that the individual(s) who holds legal ownership and possession over the tower be found to have, or to be shown to be intending to use, criminal intent and/or activities during the use of the tower, whether through intentional or accidental means, then said individual(s) shall lose the clause of immunity to lawful jurisdiction from the Council of Sigil, their lawful allies and lawful organizations attached to, and serving under, the lawful Council of Sigil.

(((ooc: While it isnÂ’t written like this in actuality, Mr. O has assured me that there is a point in the contract that states if the tower is used for questionable or illegal purposes then this clause can be revoked. I just figured IÂ’d pretty it up for RP sake.)))

It should be simple for the Council to revoke this clause and I would advise you to approach them to do so.

Should that option be unattainable due to a “difference of opinion” on the council’s official stance, then a potential loophole would be for the Fated, backed by any lawful notes we can find, to seize the land the tower stands on. This should satisfy the terms of the immunity inside the tower as they would not be affecting it at all. It would then be a simple matter of forcing the occupants to “relocate” the tower to a place beyond the planar state of Sigil… at the owner’s expense of course. This loophole would, of course, have to be explored further to ensure validity.

The third option was briefly touched upon during the sentencing and this option was to place a “border point” at the door of the tower. This would force those coming and going into paying a tariff on all goods brought into the tower (worn, carried or stored) or brought back into the city proper. Tolls could be applied and those crossing the border could be halted, detained or searched. Passage could also be blocked for a decided period of time (effectively shutting down the border) should it be found that the border is being used to facilitate deeds illegal to the city that abuts the tower on all sides.

While the last option would not remove the zone of immunityÂ… it would make the prospect of applying for such zones much too expensive to even bother with in future cases.

I leave these options to you.

As a final request to this letter, please approve the assigning of a library clerk to me for a period of time so that I might be able to uncover other areas of the city deemed “immune to law” and see to removing these as well.

Thank you for your time and assistance.

Garen Seph
Administrator A10

Issues of Immunity

Posted: Thu Mar 22, 2012 12:00 am
by *Darkrob
*Garen patiently awaits on word whether he has permission to be granted the dedicated servies of a records clerk to search the archives looking for any reference to other "law exclusion zones" in, or around, Sigil.*


(((if granted I can start to pester the other DM's to let me know if any exist ;) )))

Issues of Immunity

Posted: Thu Mar 22, 2012 12:00 am
by *Agony_Aunt
Bureau Chief Jamis (who was present at the sentencing) responds to Garen:

Administrator Garen Seph,

Good work with your suggestions. You present several viable alternatives. We shall consider them and advise you soon which route we prefer to take. You may then start to initiate the appropriate actions with our full support.

In the meantime, I cannot recall any similar zones being granted. You have permission to search archives to seek out such and confirm my understanding. The appropriate permit you will find enclosed with approval and endorsement to take the services of a record clerk for a full day to aid you in your search.

B3 Jamis.

Issues of Immunity

Posted: Thu Mar 22, 2012 12:00 am
by *Darkrob
*When Garen gets time to devote an entire day (dawn to dusk) to comb over the archives, he does so. He looks for any legal exclusion zones either by design or simple negligence. This includes all “known” areas in the “planar sphere” of Sigil. Faction HQ’s, territories, underground areas… everywhere.*

((unless the areas are accessable to players, I don't really need to know them. He's just basically looking hard at any faction controlled areas/buildings and any areas like undersigil, the adventuring areas under the city and such. Mostly, though... at the factions and their strongholds.))

Issues of Immunity

Posted: Thu Mar 22, 2012 12:00 am
by *Agony_Aunt
Garen's research does not bring up any specific zones, but does highlight 3 areas where there is a lack of certainty.

1) UnderSigil: Theoretically it is part of Sigil and covered by the laws of Sigil. However, the Harmonium (or other lawful factions) only venture there in cases of absoloute necessity. Crimes committed there and reported would be liable for prosecution. However, cases of such actually being reported are as rare as a snowflake in the Abyss, the residents tending to solve their own problems. Having said that, the lawful factions not long ago installed a new group in Under Sigil village to keep order there... however, they have been so far woefully inactive and ineffective.

2) Faction Headquarters: Again, technically covered, but there is a tactic understanding that the lawful factions do not trespass on other factions' territories in pursuit of handling a crime. The understanding is that any crimes committed within a faction's headquarters are dealt with by the faction in question, or the responsible person is tossed out on their behind into the waiting arms of the Harmonium. Certainly any crimes which occur within the envorins of a faction's headquarters should be prosecuted with care and the upmost political discretion.

3) This one is pure conjecture. If her Serenity has a home, a domicile, or something similar (and none has ever been discovered) then it would be prudent to agree that any crimes that occured within fall within the province of the Lady to meet out justice. However, it is highly suspected that even if such a place existed, and somebody somehow gained access, their lifespan would be measured in seconds, and therefore of little concern.

Therefore, it appears that the legal status of the tower of d'Kridis was a most extrodinary event, and one that needs to be undone to ensure the law remains in control of all parts of Sigil, at least technically.

Issues of Immunity

Posted: Tue Apr 03, 2012 12:00 am
by *Darkrob
Garen pens the following letter to Jamis

B3 Jamis

After careful consideration I have found that the options I have put forth are the most viable and, potentially successful, options to deal with the issue of Immunity to law within the DÂ’Kridis tower. I only await your decision on which route to take. Once I have the backing of the Fraternity, and of course the option youÂ’ve decided upon, I will process the file and begin official steps to see it through.

I have also begun involvement with the movement in UnderSigil to ensure their progress. The stalling we have seen is simply unacceptable and I will ensure they comply in a timely manner, with the FraternityÂ’s permission of course. I would request official permissions to oversee this project from an administration standpoint so that they do not stall further.

A10 Seph

Issues of Immunity

Posted: Wed Apr 04, 2012 12:00 am
by *Agony_Aunt
Garen Seph,

It is agreed that no independent state can exist within Sigil. It is a direct threat to law and order within the city. Proving the tower was used for illegal purposes would be tiresome and would involve further litigation with Hildmor d'Kiridis.

I have made discreet enquiries into the taxable status of the land the tower stands on, and it appears the lands has not been taxed in the entire history of Sigil. This could be contentious though. Land not being taxed for such a long time sets a precedent. If you wish to pursue this route, you have to place it into the hands of the Fated, meaning we loose control of the situation.

My personal preference therefore is to set up a border point. Make it damn near impossible to get in or out of that tower without making a significant payment to our coffers.

As this is a unique situation, we need to draft new laws to cover it. Please draft the necessary laws "Concerning independent territories within the environs of Sigil". I will see that they are passed. The Fated will definitely vote in favour providing they can take a cut. The Harmonium and Mercykillers will also definitely be in favour. A majority is a practical certainty.

We can have a checkpoint by the tower within the week with the appropriate representatives. We may even be able to engineer a situation where we declare war against this rogue state within our borders if we are clever about it.

Issues of Immunity

Posted: Wed Apr 04, 2012 12:00 am
by *Darkrob
wrote:Garen Seph,

It is agreed that no independent state can exist within Sigil. It is a direct threat to law and order within the city. Proving the tower was used for illegal purposes would be tiresome and would involve further litigation with Hildmor d'Kiridis.
While I agree litigation might occur, I am also very confident that we would succeed without Mr. dÂ’Kridis even being permitted the chance to open his mouth. During sentencing, which is a matter of public record, Mr. dÂ’kridis stood and openly admitted, with his tower agreement in hand, that these deeds were done in his tower and thus he demanded to be exempt by the very agreement we now discuss. His declaration was witnessed by myself, your honor of course, and all other members of the Triad of order who were present. It is a simple matter to write up a short statement of witness and have it signed by all present. As a matter of law, his word against the entire tribunal that oversaw the sentence would be impossible to dismiss. Also, if permitted to remain, the area of immunity will only cause us more litigation in the future as he will, without doubt, exploit it again.
wrote:I have made discreet enquiries into the taxable status of the land the tower stands on, and it appears the lands has not been taxed in the entire history of Sigil. This could be contentious though. Land not being taxed for such a long time sets a precedent. If you wish to pursue this route, you have to place it into the hands of the Fated, meaning we loose control of the situation.
As youÂ’ve wisely stated, making the matter one of simple taxation is not the best option for the pursuance of law. For the Fraternity to lose jurisdiction over this would be nothing short of unacceptable. I stand corrected in my original advisement and withdraw this option.
wrote:My personal preference therefore is to set up a border point. Make it damn near impossible to get in or out of that tower without making a significant payment to our coffers.

As this is a unique situation, we need to draft new laws to cover it. Please draft the necessary laws "Concerning independent territories within the environs of Sigil". I will see that they are passed. The Fated will definitely vote in favour providing they can take a cut. The Harmonium and Mercykillers will also definitely be in favour. A majority is a practical certainty.

We can have a checkpoint by the tower within the week with the appropriate representatives. We may even be able to engineer a situation where we declare war against this rogue state within our borders if we are clever about it.
As requested, here is a rough draft of law for this situation. Please read it over, edit it as necessary and I will sign it over to you once done.


--------------------

Independent territories within the lawful jurisdiction of the City of Sigil and her lawful territories

(((the following is an ooc rundown of what would be included. After looking at a few law sites to see whatÂ’s involved, IÂ’ve decided that IÂ’m not going to write up 450 pages of documents to back this. What follows will have to suffice )))

- The territory will be considered an independent territory within the lawful jurisdiction of Sigil.

- The territory must have a written set of laws, approved by the surrounding City of Sigil and its legal council, which is to be enforced at all times within the territory.

- Enforcement of the laws of The territory must be administered by a Harmonium approved unit with a minimum number of officers (eight) which must be financially maintained by The territory. If this number ever falls below the assigned minimum then the City of Sigil has the right to seal the border until such a time as the minimum number is returned.

- The territory has the right to tax anyone entering the territory to compensate for these expenditures.

- The territory cannot use its independent status to undermine the lawful authority of Sigil (and its lawful council) at any point or for any reason, outside or inside of its independent territory.

- The territory must maintain records of taxation collected by anyone departing the territory. A complete list of all of these taxes is to be forwarded to the Fated on a weekly basis to ensure proper taxation is being maintained at the border.

- Any illegal actions (as considered by the Lawful council of Sigil and the Lawful city of Sigil) by The territory, its occupants, owners, visitors or any other entity inside The territory that directly affects the Lawful city of Sigil, itÂ’s council, laws, officers, citizens, visitors or any entity within the lawful jurisdiction of Sigil will be considered an act of aggression and will be met with legal enforcement of Sigils right of defence and self-determination. The territory will be subject to possible military action by the Lawful city of Sigil and the factions therein.

- The Lawful Council of Sigil, under the taxation and excise system (enforced by the Fated) will levy a border tax of no less than ten percent, but no more than twenty percent, on all goods brought into, or out of The territory at each border crossing. This includes all items carried in containers (magical or mundane), all items worn, all items transported and all items deemed eligible for taxation by the border services at the crossings.

- The City of Sigil and the lawful council of Sigil retains the right to seal the boarder at all entry points (whether they be mundane or magical) for unspecified times and for various reasons. These may include, but are not limited to, investigations, border disputes, taxation issues, legal issues, and aggressive actions by the territory.

- At any time, the territory may request admittance back into the legal jurisdiction of Sigil as a full member of Sigil society and territory by releasing its right to independence. In such a case, the territory must cede all rights to independence and completely adhere to the jurisdiction of Sigil and the lawful council of Sigil. The territory would simply be considered another property within the city, no different than any other in permissions and rights.

Issues of Immunity

Posted: Wed Apr 04, 2012 12:00 am
by *Agony_Aunt
Jamis reads over the legislation and smiles.

An interesting approach Garen. I may call you Garen yes? I see you have a bright future within the Guvners ahead of you. I will take this to the Hall of Speakers soon for ratification and lodging with the Hall of Records.

Give me a few days to handle the formalities, then, please, have a scribe make you two copies, a notary to certifiy them, and get a preservation spell put on them. Then, be so good chap and post one up at the entrance to the territory, and have a copy delivered to Hildmor d'Kridis. You can do it at the same time as you set up the border and checkpoint. It will be a nice surprise for d'Kridis.

You'll need to find a couple of A10s to administer the checkpoint, i think we will be needing you for other work.

Hmmm, A10 Seph. I think A9 Seph sounds much more pleasing to the ear, don't you agree? And it will give you the authority to commandeer a couple of A10 who are currently unassigned. I'll have approval for your promotion by this evening.



Issues of Immunity

Posted: Wed Apr 04, 2012 12:00 am
by *Darkrob
A polite half-bow is made by Garen as he silently departs the room, leaving the judge to enjoy his success in the matter.