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RivermarchThe kingdom at the meeting of rivers

Statute

§3.2 - Civil Liberties and Prohibitions on Unlawful Detention

Recognition of Civil Liberties

(a) All legal persons, as defined under §3.1, shall be entitled to fundamental civil liberties within the jurisdiction of Rivermarch. These liberties shall be presumptively vested and shall not require formal grant to be exercised.

(b) Civil liberties guaranteed under this section shall apply at all times, in all territories governed by Rivermarch, and during all states of peace, unrest, or emergency, except where explicitly suspended under lawful emergency provisions in Title II.

(c) These liberties shall extend to all citizens, residents, recognized entities, and visitors, except where abridged by tribunal ruling or lawful sentence under Title IV.


§3.2.2 - Enumerated Civil Liberties

(a) The following civil liberties shall be considered irrevocable except by lawful due process:

  • (i) Freedom of Speech and Expression: All persons may speak, write, perform, or communicate without prior restraint, provided such expression does not constitute incitement to violence, magical destabilization, treason, or gross spiritual offense.

  • (ii) Freedom of Assembly: All persons may gather peacefully in public or private for civic, spiritual, commercial, or personal purposes.

  • (iii) Freedom of Petition: All persons may submit grievances, appeals, or proposals to the Council without fear of reprisal.

  • (iv) Freedom of Conscience and Faith: No person shall be compelled to worship, renounce belief, or participate in religious rite. Faiths deemed lawful under §9.1 may practice freely; those deemed profane, extraplanar, or seditious may be restricted under §9.4.

  • (v) Freedom from Magical Compulsion: No person shall be subject to enchantment, domination, possession, or magical surveillance without informed consent, lawful writ, or emergent threat to the public.


§3.2.3 - Prohibition on Unlawful Detention

(a) No person shall be detained, imprisoned, bound, shackled, banished, extradimensionally anchored, or otherwise deprived of liberty except pursuant to:

  • (i) A valid Writ of Seizure issued by a recognized tribunal, magistrate, or peace officer;

  • (ii) A lawful sentence imposed under §4.5 following a formal trial;

  • (iii) Direct apprehension during commission of a High Crime or when immediate action is necessary to prevent imminent harm.

(b) Detention without charge shall not exceed seventy-two (72) hours from the moment of restraint unless a formal indictment is issued. Failure to indict shall result in immediate release and potential liability for unlawful confinement.

(c) Persons detained under arcane, planar, or magical restraint must be examined within twenty-four (24) hours by an authorized Arcanist or Healer to verify their physical and metaphysical condition.

(d) The use of magical restraints, binding circles, soul jars, or extraplanar interdictions shall be lawful only when:

  • (i) A tribunal has approved the method as proportionate and necessary;

  • (ii) No lesser form of restraint would preserve public safety or the integrity of reality.


§3.2.4 - Right to Counsel and Representation

(a) All detained persons shall have the right to consult with a legal representative, spiritual advocate, or sworn proxy within twenty-four (24) hours of arrest or binding.

(b) If a representative is unavailable due to hardship, language barrier, planar misalignment, or magical affliction, the tribunal shall appoint an Advocate-at-Oath to ensure fair process.

(c) No interrogation, magical extraction, mindreading, or spiritual trial may be conducted without presence of such representative unless waived in writing by the accused.


§3.2.5 - Remedies for Violation

(a) Any person subjected to unlawful detention, abridged civil liberty, or coercive magical abuse shall have standing to bring petition for redress before a Magisterial Tribunal.

(b) Upon finding of violation, remedies may include:

  • (i) Immediate release and restoration of rights;

  • (ii) Public censure, dismissal, or imprisonment of the offending officer or mage;

  • (iii) Financial compensation, restoration of arcane essence, or spiritual cleansing.

(c) Repeat or egregious violations by a governing body or official may constitute grounds for removal from office, revocation of license, or indictment under §4.1.

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