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Full Covenant English

CHARTER OF POW RIGHTS

  1. PREAMBLE
  1. This is a charter governing the rights of prisoners of war.
  2. The parties who sign this charter do so in order to fulfil the obligations that arise from the following the Quran, the Sunnah and the Sharia.
  3. Adherence to the Quran and Sunnah shall constitute general principles of this charter.
  4. The overriding obligation in this charter is that prisoners must be treated with kindness, justice and mercy.
  5. RECOGNITION OF PRISONER OF WAR
  1. Upon capture, the prisoners must be guarded and not ill-treated
  2. All prisoners of war shall be treated in accordance with this charter and be entitled to be treated as such.
  3. Every prisoner of war shall be provided with an identity card showing his name, surname and group to which he or she belonged.
  4. Every person who is a prisoner of war shall be registered in a register held by a duly authorised representative of the Detaining Power.
  5. Prisoners of war shall be kept separately from other prisoners.
  6. RECOGNITION OF STATUS OF A POW AS A BELIEVER
  7. Every prisoner of war who claims to be a Muslim shall be treated as such until a properly constituted court declares him or her to have committed the crime of apostasy in accordance with the law and processes established by the Sharia.
  8. JUDICIAL PROCESS AND APPEALS TO A HIGHER COURT AND FINAL APPEALS TO  THE LEADER
  1. At the first stage all prisoners are entitled and the Detaining Power is obliged  to  take the prisoner before a judge to be tried in accordance with the Sharia.
  2. A judge or judges presiding over the case of a prisoner has the power according to the principles of the Sharia to order that the prisoner of war be:
    1. Convicted of any crime under the laws of Sharia including that of apostasy or murder,
    2. Killed but not in the case of a woman or child (who may instead be ordered to be held in captive ), 
    3. Ransomed in any manner including but not limited to teaching ten Muslims to read and write,  
    4. Freed (including freedom after conversion to Islam). All prisoners of war who are not Muslim must be given the choice to become Muslim and so earn their freedom through a judicial process.
    5. Imprisoned
    6. Exchanged 
    7. Punished or dealt with in any other way that he Sharia permits. Punishment by fire does not behove anyone except the Master of the Fire 
  3. All prisoners of war shall have a right of appeal.
  4. The judgement of the judge or judges presiding may only be overturned by an appeal court.
  5. After the appeal proceeds is finalised all prisoner shall have a final right to appeal to the leader of the Detaining Power before a sentence is carried out by the head of the Detaining Power.
  6. Whenever a prisoner of war is given a death sentence he shall have the automatic right to appeal to a higher court against his conviction and sentence and thereafter the automatic right to appeal to the head of the Detaining Power.
  7. DUE PROCESS RIGHTS
  1. As soon as is reasonably practicable the prisoner of war shall be provided with a charge sheet detailing the charges against him in a language that he understands.
  2. As soon as is reasonably practicable a prisoner of war shall be taken before a judge. The judge shall explain to the prisoner of war what his rights are under this charter and the Sharia and, shall as soon as is reasonably practicable, set down a date for hearing of the charges against a prisoner of war.
  3. The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified representative (entitled to represent  in the courts of the Detaining Power) of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.
  4. Failing a choice by the prisoner of war, the Detaining Power shall find him a qualified representative, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said prisoner, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Detaining Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.
  5. The representative conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.
  6. PETITIONS FOR THE RELEASE OF A PRISONER OUTSIDE THE JUDICIAL PROCESS
  1.   Independent from the judicial process each Detaining Power shall establish an office which shall receive petitions for the release of a prisoner from any person under the authority of the Detaining Power or the prisoner’s family.
  2. All petitions shall be responded to as soon as is reasonably practicable.
  3. A petition shall be considered by the head of the Detaining Power or any person duly authorised by him to consider the petition.
  4. GENERAL DUTIES TOWARDS PRISONERS
  1. Every prisoner shall have the right to due process as set out in this charter.
  2. If the Muslims capture a prisoner of war and take them to a place that has been prepared for them, they should not harm them or torture them with beatings, depriving them of food and water, leaving them out in the sun or the cold, burning them with fire, or putting covers over their mouths, ears and eyes and putting them in cages like animals.  
  3. Rather they should treat them with kindness and mercy, feed them well and encourage them to enter Islam. 
  4. All parties will redeem their prisoners with kindness and justice according to practice among Believers and not in accordance with pre-Islamic notions.
  5. To this end all prisoners of war who are held in custody:
    1. Shall not have to beg for their proper and humane subsistence
    2. Shall not be overcrowded and be kept in premises which are   entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
    3. Shall be held in prisons which are fit for human living and have basic necessities such as a clean bed, ablution facilities and blankets and pillows.
    4. Be entitled to proper and respectful ablution facilities 
    5. The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
    6. Shall be properly fed and clothed with kindness and provided  with sufficient food and potable water, and with the necessary clothing and medical attention
    7. The food and drink provided to the prisoners of war shall be the same or superior standard to that provided to members of the Detaining party.
    8. Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained.
    9. The basic daily food rations  and water shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
    10. Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. 
    11. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them.
    12. Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
    13. Prisoners who are wounded and sick shall be collected and cared for.
    14. Shall be entitled to proper medical treatment when required
    15. Prisoners who are related must be kept together in accordance with the customs of the Sharia.
  6. TORTURE
  7. A prisoner of war shall not be subjected to any forms of torture including physical, mental or psychological nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. 
  1. END OF HOSTILITIES
  2. After the fighting is over, prisoners are to be released or ransomed as decided by the leader.

 SIGNATORIES:

1.______________________

2.______________________

3._______________________

CHARTER OF RIGHTS FOR THOSE SUSPECTED AND / OR CONVICTED OF COMMON LAW AND GENERAL CRIMES 

  1. PREAMBLE
  1. This is a charter governing the rights of persons suspected of  committing common law and general crimes under the Sharia such as theft, murder, robbery, assault, arson  such list being illustrative but not being exhaustive.
  2. The parties who sign this charter do so in order to fulfil the obligations that arise from the following the Quran, the Sunnah and the Sharia.
  3. Adherence to the Quran and Sunnah shall constitute general principles of this charter.
  4. ARREST OF SUSPECT 
  1. No person shall be arrested for a crime under this charter without reasonable course and basis.
  2. The person affecting an arrest shall, at the time of affecting the arrest or immediately after affecting the arrest, inform the arrested person of the cause of the arrest or, in the case of an arrest affected by virtue of a warrant, upon demand of the person arrested hand him a copy of the warrant.
  3. The effect of an arrest shall be that the person arrested shall be in lawful custody and that he shall be detained in custody until he is lawfully discharged or released from custody or granted bail. 
  4. In general, but subject to 9 below, if a person is suspected of committing a crime such person may only be arrested with a warrant from a judge.
  5. The judge shall only issue a warrant at the request of any person or official if the judge is satisfied that a reasonable basis exist for the suspicion and that the suspect is likely to be found guilty of the offence based on the principles of the Sharia including the laws relating to evidence.
  6. No person accused of any crimes shall be arrested without a warrant unless 
    1. that person has committed the crime openly and in the presence of a person authorised to effect an arrest or
    2. If the authorised person reasonably suspects that the suspect is guilty and does not have sufficient time to obtain a warrant.
  7. A person arrested without a warrant shall be immediately taken before a judge who must satisfy himself that the arrest without a warrant was lawful and if not satisfied the person arrested must be forthwith released.
  8. In all cases mentioned in this section the judge shall keep proper and accurate records of the proceedings.
  9. A person who is arrested shall upon arrest be treated with dignity and shall not be subjected to any verbal or physical assault except if that persons resists arrest in which case reasonable force is permitted.
  10. BAIL PENDING TRIAL
  1. A person who is arrested must be taken before a judge in no less than 48 hours after the arrest.
  2. Any person who is arrested may at any time before or after 48 hours apply to a judge to be released on bail pending trial and the arresting authority shall ensure that such application is forthwith taken before a judge..
  3. The judge may grant or refuse bail with our without conditions based on the interest of justice including the interest of the accused, his family and dependants and the interest of the public.
  4. The conditions that a judge may impose is in the judge’s discretion but may include payment of a sum of money (to be held in trust and refunded at the end of the trial if bail conditions were not broken), handing in of passport until the trial is over, house arrest, reporting to a police station once  or as many times as ordered a day
  5. The interests of justice do not permit the release from detention of an accused where one or more of the following grounds are established:
  1. Where there is the likelihood that the accused, if he or she were released on bail, will endanger the safety of the public or any particular person or will commit a serious offence
  2. where there is the likelihood that the accused, if he or she were released on bail, will attempt to evade his or her trial; or
  3. where there is the likelihood that the accused, if he or she were released on bail, will attempt to influence or intimidate witnesses or to conceal or destroy evidence; or
  4. where there is the likelihood that the accused, if he or she were released on bail, will undermine or jeopardise the objectives or the proper functioning of the criminal justice system, including the bail system;
  5. where in exceptional circumstances there is the likelihood that the release of the accused will disturb the public order or undermine the public peace or security;
  6. any other factor that is relevant
  7. A person may be re-arrested and detained pending trial if he or she breaches any bail conditions 
  8. DETENTION PENDING TRIAL
  1. Any person arrested in terms of this charter, if not granted bail, may be detained pending trial.
  2. The trial shall commence  as soon as reasonably practicable.
  3. GENERAL DUTIES TOWARDS PRISONERS DETAINED PENDING FINALISATION OF JUDICIAL PROCEEDINGS 
  1. No suspect awaiting finalisation of judicial proceedings shall be tortured, assaulted, deprived of food and water, left out in the sun or the cold nor shall anyone subject the suspect to putting covers over their mouths, ears and eyes and putting them in cages like animals. 
  2. Rather they should treat them with kindness and mercy.
  3. To this end all suspects who are held in custody:
    1. Shall not have to beg for their proper and humane subsistence
    2. Shall not be overcrowded and be kept in premises which are   entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
    3. Shall be held in prisons which are fit for human living and have basic necessities such as a clean bed, ablution facilities and blankets and pillows.
    4. Be entitled to proper and respectful ablution facilities 
    5. The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
    6. Shall be properly fed and clothed with kindness and provided  with sufficient food and potable water, and with the necessary clothing and medical attention
    7. The food and drink provided to the detainees shall be the same or superior standard to that provided to members of the Detaining Power.
    8. Clothing, underwear and footwear shall be supplied to detainees in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained.
    9. The basic daily food rations and water shall be sufficient in quantity, quality and variety to keep detainees in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
    10. Detainees shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. 
    11. In any camps in which women detainees are accommodated, separate conveniences shall be provided for them.
    12. Also, apart from the baths and showers with which the camps shall be furnished, detainees shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
    13. Detainees who are wounded and sick shall be collected and cared for.
    14. Shall be entitled to proper medical treatment when required
  4. INTERROGATION OF SUSPECT BEFORE CONVICTION
  1. Only a judicial officer shall be entitled to interrogate a suspect before conviction if there is reason to believe that the suspect may hold vital information necessary for the protection of life.
  2. No suspect who has not been convicted of a crime shall be subject to any form of punishment or torture in order to induce the suspect to provide information.
  3. DUE PROCESS RIGHTS IN THE TRIAL
  1.   The person arrested shall be provided with a charge sheet within 14 days of being taken into custody detailing the charges against him in a language that he understands.
  2. Within 14 days of being taken into custody a detainee shall be taken before a judge.  The judge shall explain to the suspect what his rights are under this charter and the Sharia’ and shall as soon as is reasonably practicable set down a date for hearing the charges against the person.  Any extension of the period to deliver a charge shall be approved by a judge on such conditions as the judge deems fit.  A charge sheet may be amended.
  3. The suspect shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified representative (entitled to represent in the courts of the detaining power) of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. 
  4. Failing a choice by the prisoner of war, the Detaining Power shall find him a qualified representative. 
  5. The representative conducting the defence on behalf of the suspect shall have at his disposal a reasonable period before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence. He shall have the benefit of these facilities until the term of appeal or petition has expired.
  6. JUDICIAL PROCESS AND FINAL APPEALS TO  THE LEADER
  1. Before convicting a person of any crime under this charter the judge must be satisfied that sufficient evidence admissible under Sharia has been led to prove the guilt of the accused with certainty.
  2. A judge or judges presiding over the case of a suspect has the power according to the principles of the Sharia  to order that the suspect be :
    1. Acquitted and freed
    2. Convicted of any crime under this charter of Sharia 
  3. A judge who has convicted a person of the crime must consider at least the following before passing sentence:  
    1. The best interest of the believers and 
    2. The Interest of the accused
    3. The seriousness of the crime
    4. If the person had any mitigating excuse or aggravating feature  for his crime before deciding what penalty to impose in particular whether the crime was committed out of disbelief, or apostasy, or out of preferring Kufr (disbelief) to Islam or for some other personal reason.
  4.   A judge who has convicted an accused may impose any  sentence which is just and accords with the Sharia 
  5. All persons convicted of a crime under this charter shall have a final right to appeal to the leader of the Detaining Power before a sentence is carried out.

SIGNATORIES:

1.______________________

2.______________________

3._______________________

CHARTER OF RIGHTS FOR THOSE SUSPECTED AND / OR CONVICTED OF SPYING AND RELATED CRIMES 

  1. PREAMBLE
  1. This is a charter governing the rights of persons suspected of spying and related crimes against any signatory to this charter (“referred to as the Mujahedeen”).
  2. The parties who sign this charter do so in order to fulfil the obligations that arise from the following the Quran, Sunnah and the Sharia.
  3. Adherence to the Quran and Sunnah shall constitute general principles of this charter.
  4. SPYING AND RELATED CRIMES
  1. Spying carries its ordinary meaning and includes espionage, eaves dropping with intent to pass on information, intercepting and monitoring communications in any form with intention to pass on information, and act, omission or conduct that betrays the Mujahedeen or the civilian population.
  2. The term “Crimes that are related to spying” carries its ordinary meaning and includes the crime of apostasy or murder.
  3. Spying and crimes related to spying is a form of alliance with the disbelievers, the ruling on it may range from a declaration of disbelief and apostasy to a state of major sinfulness. If its motivation is a longing for the victory of the disbelievers, and a hope for their subjugation of the Muslims, then this is the act of a disbeliever and constitutes the crime of apostasy. However if a person was motivated by a desire for some personal or worldly gain or something similar, then it is a major sin and punishable as a crime under his charter.
  4. ARREST OF SUSPECT 
  1. The person affecting an arrest shall, at the time of affecting the arrest or immediately after affecting the arrest, inform the arrested person of the cause of the arrest or, in the case of an arrest affected by virtue of a warrant, upon demand of the person arrested hand him a copy of the warrant.
  2. The effect of an arrest shall be that the person arrested shall be in lawful custody and that he shall be detained in custody until he is lawfully discharged or released from custody. 
  3. In general if a person is suspected of spying or committing a crime related to spying such person may only be arrested with a warrant from a judge.
  4. The judge shall only issue a warrant at the request of any person or official if the judge is satisfied that a reasonable basis exist for the suspicion and that the suspect is likely to be found guilty of the offence based on the principles of the Sharia including the laws relating to evidence.
  5. No person accused of these crimes shall be arrested without a warrant unless 
    1. that person has committed the crime openly and in the presence of a person authorised to effect an arrest or
    2. If the authorised person reasonably suspects that the suspect is guilty and does not have sufficient time to obtain a warrant.
  6. A person arrested without a warrant shall be immediately taken before a judge who must satisfy himself that the arrest without a warrant was lawful and if not satisfied the person arrested must be forthwith released.
  7. In all cases mentioned in this section the judge shall keep proper and accurate records of the proceedings.
  8. A person who is arrested shall upon arrest be treated with dignity and shall not be subjected to any verbal or physical assault accept if that persons resists arrest in which case reasonable force is permitted.
  9. DETENTION PENDING TRIAL
  1. Any person arrested in terms of this charter may be detained pending trial.
  2. The trial shall commence as a matter of urgency and as soon as reasonably practicable.
  3. GENERAL DUTIES TOWARDS PRISONERS DETAINED PENDING FINALISATION OF JUDICIAL PROCEEDINGS 
  1. No suspect awaiting finalisation of judicial proceedings shall be tortured, assaulted, deprived of food and water, left out in the sun or the cold nor shall anyone subject the suspect to putting covers over their mouths, ears and eyes and putting them in cages like animals.
  2. Rather they should treat them with kindness and mercy.
  3. To this end all suspects  who are held in custody:
    1. Shall not have to beg for their proper and humane subsistence
    2. Shall not be overcrowded and be kept in premises which are   entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
    3. Shall be held in prisons which are fit for human living and have basic necessities such as a clean bed, ablution facilities and blankets and pillows.
    4. Be entitled to proper and respectful ablution facilities 
    5. The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
    6. Shall be properly fed and clothed with kindness and provided  with sufficient food and potable water, and with the necessary clothing and medical attention
    7. The food and drink provided to the detainees shall be the same or superior standard to that provided to members of the Detaining party.
    8. Clothing, underwear and footwear shall be supplied to detainees in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained.
    9. The basic daily food rations and water shall be sufficient in quantity, quality and variety to keep detainees in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
    10. Detainees shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. 
    11. In any camps in which female detainees are accommodated, separate conveniences shall be provided for them.
    12. Also, apart from the baths and showers with which the camps shall be furnished, detainees shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
    13. Detainees who are wounded and sick shall be collected and cared for.
    14. Shall be entitled to proper medical treatment when required
  4. INTERROGATION OF SUSPECT BEFORE CONVICTION
  1. Only a judicial officer shall be entitled to interrogate a suspect before conviction if there is reason to believe that the suspect may hold vital information necessary for the protection of life.
  2. No suspect who has not been convicted of a crime shall be subject to any form of punishment or torture in order to induce the suspect to provide information.
  3. INTERROGATION OF SUSPECT AFTER CONVICTION
  1. Only if a suspect has been convicted of a crime under this charter may a judge, in addition to any competent sentence under Sharia, authorise any competent person in authority to further interrogate the person convicted and to administer  the punishment  set out in 22  in order to extract from that person vital information for the protection of life.
  2. In such a case the judge may only authorise that the person convicted of a crime be lashed in order to provide the information necessary for the protection of life. The judge must specify the period and amount of lashes that may be administered to the person convicted of a crime under this charter.
  3. Save as provided for in 22 above no torture of a person convicted of a crime under this charter shall be permitted to extract information. Without limiting the generality of the foregoing the following is expressly prohibited: water boarding, sleep deprivation, cramped confinement, stress positions, wall slamming, exposure to extreme heat or cold, loud music, being placed in a confinement box with insects, sexual humiliation and sexual assault.
  4. DUE PROCESS RIGHTS IN THE TRIAL
  1.   Bearing in mind the need to urgently finalise the trial and as soon as is reasonably practicable the person arrested shall be provided with a charge sheet detailing the charges against him in language that he understands.
  2. The person arrested shall be provided with a charge sheet within 14 days of being taken into custody detailing the charges against him in a language that he understands.
  3. Within 14 days of being taken into custody a detainee shall be taken before a judge.  The judge shall explain to the suspect what hi rights are under this charter and the Sharia and shall as soon as is reasonably practicable set down a date for hearing he charges against this person.  Any extension of the period to deliver a charge shall be approved by a judge on such conditions as the judge deems fit.
  4. Failing a choice by the prisoner of war, the detaining Power shall find him a qualified representative. 
  5. The representative conducting the defence on behalf of the suspect shall have at his disposal a reasonable period before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence. He shall have the benefit of these facilities until the term of appeal or petition has expired.
  6. JUDICIAL PROCESS AND FINAL APPEALS TO  THE LEADER
  1. Before convicting a person of any crime under this charter the judge must be satisfied that sufficient evidence admissible under Sharia has been led to prove the guilt of the accused with certainty.
  2. A judge or judges presiding over the case of a suspect has the power according to the principles of the Sharia to order that the suspect be:
    1. Acquitted and freed
    2. Convicted of any crime under this charter of Sharia including that of apostasy or murder.
  3. A judge who has convicted a person of the crime must consider at least the following before passing sentence:  
    1. The best interest of the believers and 
    2. Whether the person remains a Muslim after commission of the crime or is to be judged as an apostate 
    3. If the person had any mitigating excuse or aggravating feature  for his crime before deciding what penalty to impose in particular whether the crime was committed out of disbelief, or apostasy, or out of preferring Kufr (disbelief) to Islam or for some other personal reason.
  4.   A judge who has convicted an accused may impose any sentence which is just and accords with the Sharia.
  5. All persons convicted of a crime under this charter shall have a final right to appeal to the leader of the Detaining Power before a sentence is carried out.

SIGNATORIES:

1.______________________

2.______________________

3._______________________

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