Governo di Manchukuo
| Carta costituzionale
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.
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.
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.
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.
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.
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.
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.
No person who seeks it shall be denied access to emergency medical care offered by the Government.
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.
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.
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.
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.
No person shall be subjected by the Government to torture or to inhuman or degrading treatment or punishment.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.