Ejercicios para la readaptación de lesiones

Most humbly the respondents contend that Mr. Kamaal Khan is guilty of the offence of sedition under the Pakistan Penal Code and has also violated the AJK Constitution Act. Section 124A of the Pakistan Penal Code makes sedition a punishable offence and the statements made by Kamaal Khan⁷³ are clerarly seditious. Mr. Kamaal Khan made the following statement:

69Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter) [1962] ICJ Rep 151, at 163 (hereinafter „Certain Expenses‟) (ICJ decisions are available at http://www.icj-cij.org), with analysis by Basak, supra note 1, at 80, 144

70Since the ICJ has found recommendations to have certain legal effects that nonetheless do not amount to those of decisions, I prefer a less inclusive definition of „binding‟ than Castañeda, supra note 3, at 20–21.

71 Compromis ¶ 6.

72 Compromis ¶ 9.

73 Compromis ¶ 16.

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“It is high time that the people of the BoLR must either join the Soremon Union or self-proclaim independence as self-determination is their basic fundamental internally recognized right”.

Thus, he was arrested by the State of Boremon as he had made a seditious statement and was inciting people against the Boremonian state. The action to arrest and detain the said individual is in accordance with the laws of the land. No sovereign state would allow itself to be slandered in the eyes of the populi of the nation.

6.THAT AS PER THE AGREEMENTS SIGNED BY BOTH THE STATES,THE STATE OF BOREMON

HAS FULLY COMPLIED WITH THE PROVISIONS OF THE TREATY BY HOLDING FREE AND FAIR

ELECTIONS IN BOLR

It is humbly submitted before the honorable court that the State of Boremon has fully complied with the ARSDB by holding free and fair elections in the state of BoLR.

6.1 That Boremon has fulfilled all its obligations Under the Agreement by Holding Free and Fair Elections

Article 4 of the ARSDB creates an obligation on the State of Boremon to conduct free and fair elections.⁷⁴ The Preamble to the ARSDB states the significance of the notion of democracy. The respondent hereby avers that the State of Boremon has been successful in conducting free and fair elections in BoLR and there is no evidence to the contrary. It is further contended by the respondents that the State of Soremon has vested interest in the BoLR region and they intend to create unrest in the BoLR region by deploying their military.

74 Article 4, The Agreement for the Right of Self Determination and to establish a Democratic set up in BoLR.

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6.2 That the Elections Held In BoLR Region Were Free And Fair

The 1989 resolution of the General Assembly declares that „determining the will of the people‟

requires an electoral process that provides an equal opportunity for all citizens to become candidates and put forward their political views individually and in cooperation with others within the constitutional and national legislation.⁷⁵

It is to be noted that the elections were held in October, 2015 and Mr. Zakeer Sakia was declared to have won the elections without any protest.⁷⁶ Further everything was appearing normal and in perfect order until the dead body of Mr. Kamaal Khan was found in East Sufghanistan.⁷⁷ The respondents aver that under the pretext of the death of Kamaal Khan, the Soremon leadership deployed their army in the BoLR region without making any enquiry, the very next day.⁷⁸

6.3 That the State of Soremon Obstructed the Conduct Of Free And Fair Elections Article 21 of the UDHR gives equal right to everyone to take part in the government of his country based on the principle of universal and equal suffrage and secret voting.⁷⁹ Further democracy has become a norm and almost a moral value in the world, and the military intervention dilutes the process of free and fair elections.⁸⁰ The right to security of the person includes not only protection from arbitrary arrest, detention and exile,⁸¹ but in the context of the electoral process, includes the protection of voters, candidates and their agents, poll workers, and

75 General Assembly resolution 44/146 (15 December 1989).

76 Compromis ¶ 21.

77 Compromis ¶ 21.

78 Compromis ¶ 21.

79 Article 21 (3), Universal Declaration on Human Rights. [hereinafter referred to as UDHR]

80 The Responsibility To Protect. Supplementary Volume to the Report of the International Commission on Intervention and State Sovereignty, December 2001:

81 UDHR, Arts.3 and 9; ICCPR, Art. 9; ICERD, Art. 5; ACHPR, Art. 6; ACHR, Arts. 7(1) and 7(3); CIS, Art 5(1);

ECHR, Art. 5

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domestic and international observers from interference, coercion or intimidation.⁸² In this sense, security of the person includes not only the protection of the physical person, but also protection of their mental state.⁸³

It is to be noted that the State of Soremon did not adhere to the provisions of the ARSDB and ordered 200 members of its army to remain in BoLR⁸⁴, thereby trying to subvert the election process. It is hereby contended that the Soremonian army was deployed with an intention to create an impact in the minds of voters.

7. THE STATE OF SOREMON HAS ACTED IN VIOLATION AND HAS BREACHED THE SPIRIT OF INTERNATIONAL LAW BY DEPLOYING IS ARMY AND BY INDULGING IN SEVERAL HUMAN RIGHTS VIOLATIONS

It is humbly submitted before the honorable court the State of Soremon has indulged in several Human Rights Violations by breaching the spirit of International Law from time to time and by illegally deploying its army in the territory of Boremon.

7.1 The State of Soremon Has Made Serious Human Rights Violations

The Respondent hereby avers that the State of Soremon has violated the human rights of the people by not letting the people of BoLR to exercise their right of self-determination and by interfering in internal democratic process. Also, Soremon conveniently neglected the issue of Khatoon migration who feared persecution.

82 UNHRC, General Comment 25, para 11

83 Avery Davis-Roberts and David J. Carroll, Using International Law to Assess Elections, Oxford University Press, 2012.

84 Compromis ¶ 20.

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7.2 The State of Soremon has violated the Human Rights of the People of BoLR by Interfering in the Democratic Process

The respondent hereby contends that that State of Soremon has vested interest in the region and in furtherance of its intention to disrupt the electoral process of the region, they have not complied with the mandate of the ARSDB. The State of Soremon did not remove one-third of their members of the troop and later decided to call back all their troops thereby rejecting the electoral mandate of the people of BoLR.

Universal Declaration of Human Rights identifies the will of the people as the basis of the authority of government, when the right to democratic government is violated, „all the other human rights that depend on the lawful institutions of government become matters for the discretion of dictators. Violations of the right to popular government are not secondary or less important. They are very, very serious human rights violations.‟⁸⁵

7.3 The State of Soremon Denied the Right Of Self Determination to the people of Lola And Ramola

Soremon tried to snatch away the right of self-determination from the people of Lola and Ramola and has dismissed the holding of plebiscite⁸⁶ as required under the U.N resolution.

Self-determination is the right of peoples to “freely determine their political status and freely pursue their economic, social and cultural development”⁸⁷. The UN Charter⁸⁸ recognizes this right as a prerequisite to enjoyment of other rights. The Security Council‟s work relating to

85 W. Michael Reisman, „Humanitarian Intervention and Fledgling Democracies‟, 18 Fordham Int. L.J. 794, 795 (1995).

86 Compromis ¶ 6.

87 International Covenants on Human Rights, Common Article 1, December 16, 1966, U.N.T.S., vol. 999.

88 Arts.1(2), 55, 73(b) and76(b) of the United Nations Charter, 1945.

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self-governing territories⁸⁹ and the General Assembly‟s recognition⁹⁰ of self-determination reaffirm this principle.

7.4 That the Migration of Khatoons to the BoLR Region was not given due attention by the State of Soremon

The Khatoons community migrated to the BoLR region in large scale when they feared persecution and the issue was not given its due attention by the State of Soremon.⁹¹ It is contended that the Khatoons are internally displaced person who were made to flee into the BoLR region which itself is in a state of turmoil. Internally displaced persons are defined in the 12998 guiding principles on internal displacement as “perosns or groups of persons who have been forced or obliged to flee or lto leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border‟.⁹²

7.5 That the State of Soremon has violated the Principle of Non-Refoulement

The obligation exists under Article 33 of the1951 Refugee CoThe obligation exists under Article 33 of the 1951 Refugee Convention not to return a refugee to a country of territory where he/she would be at risk of persecution:

89 SC Res. 163 (XVI), Question Relating to Angola, June 9, 1961, S/4835 (1961).

90 GA Res. 421(V), Draft International Covenant on Human Rights and Measures of Implementation, December 4, 1950, A/RES/421.

91 Compromis ¶ 12.

92 Feller E. Tark, Refugee Protection In International Law, UNHCR Global Consultations on International Protection, Cambridge University Press, 2003.

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“No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion”.⁹³

This is known as the principle of non-refoulement, which is considered part of customary international law and therefore binding on all states.⁹⁴ Thus, Soremon has breached the principles of international law by not giving due attention to such large scale migration.

In conclusion, a state that cannot manage to control its own fleeing population cannot be expected to take care of a large and diverse population such as that of the lands of Boremon occupied Lola and Ramola (BoLR). The instance of that refugee scenario is enough to put at rest the doubts that Soremon is disregardful of its own population. It is to be noted that the partition of Soremon into two nations was supported by both the sides and it was only after the high level talks between the two leaders that a theocratic nation of the State of Boremon was carved out.⁹⁵ Hence, it can be inferred that the State of Boremon largely consisting of Bismil population⁹⁶ would be in a better position to govern the territory of BoLR.

93 UNHCR, Handbook on Criteria and Procedures Determining the status of Refugees, Geneva 1979.

94 Hathaway J.C, The Rights of Refugees under International Law, Cambridge University Press, 2005.

95 Compromis ¶ 4.

96 Compromis ¶ 4.

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XVIII PRAYER

In light of the questions presented, arguments advanced and authorities cited the agent for the Applicant State most humbly and respectfully pray before this Hon’ble Court, that it may be pleased to adjudge and declare that:

a) The State of Soremon has violated the customary rules of international law which protects the States from the Non-Interference of any other State

b) The State of Boremon has not violated any international treaty or agreement including ARSDB

c) The State of Boremon is fully sovereign equal State in international law possessing all rights and obligations

d) The state of Soremon has no stake in the affairs of Boremon and has illegally deployed its Army in the BoLR region by violating international law

e) The actions of the State of Boremon are fully in conformity with the basic principles of international law and were necessary to maintain the unity and integrity in the nation.

f) As per the agreements signed by both the States, the State of Boremon has fully complied with the provisions of the treaty by holding free and fair elections in BoLR

g) The State of Soremon has acted in violation and has breached the spirit of international law by deploying is Army and by indulging in several human rights violations.

The Respondent State additionally prays that the Court may make any such order as it may deem fit in terms of equity, justice and due conscience. And for this act of kindness the Respondent State shall as duty bound ever humbly pray.

(Respectfully Submitted)

- Agents on behalf of the Respondent State.