Monday, July 14, 2008

Chapter 31

Lucas Aldon was one of the most respected jurists of his era. He had the finest legal mind of his generation and one of the most gifted minds in Imperial history. He was capable of detecting fine nuances that his colleagues often missed and they gave his opinion great deference because of it.

Lucas was not the Chief Justice of the Imperial High Court, but only because the position wasn’t available when he was appointed. He was still regarded as the most powerful jurist in the Empire, a fact which he relished. Despite this, he was a humble man, who made friends easily.

Kilthanis D’Endray recalled the first time he’d met Lucas, when they were studying law together. They had maintained their friendship throughout the intervening years and Kilthanis sincerely hoped it would not cause his friend to recuse himself in the case he had brought before the Court. He was counting on his friend’s sharp legal mind to sway the Court to stand up to the Emperor.

“My Lord Chief Justice and members of the Court,” Kilthanis began. “I come here today to ask your intercession on behalf of the people of the deserts. The Emperor has contravened the laws of Gods and men by ordering their capture, transport to Osh’riyo and interrogation. He does this on only the thinnest of bases, asserting it is in the service of the Empire.”

“Lord D’Endray,” the Chief Justice interrupted, “What remedy do you seek from this Court?”

“My Lord Chief Justice, I am asking this Court to instruct the Emperor and Laris Rychart to release all those being held, and to prevent the future capture and interrogation of others.”

“What laws do you allege have been violated?”

“Of the Kiyem-merethil, the Emperor has violated the Pact of Dhereshu, which recognizes the deserts as autonomous zones. Additionally, the Declaration of the Rights of Citizens demands that no man be held without notice of the charges leveled against him.

“Of the Kiyem-bo, the Emperor has violated the rights of citizens as handed down by Bokiyem, God of Law, which guarantee to all the citizens of the Empire the right to be free from confinement without due suspicion and upon such seizure to be brought before a committee of citizens to ascertain their guilt.

“Finally, Lord Justices, if rumors are to be believed, the prohibition against cruel torture and interrogation is being violated by the Emperor’s cousin, Lord Laris Rychart of Osh’Riyo.”

There was some muttering from the crowd that had come to watch the Court hear the case. There were always several students from the school of law in attendance at Court and that number usually increased when word got out that Kilthanis was arguing a case. Considering he was asking for the Court to chastise the Emperor, the gallery was packed.

“Lord D’Endray,” Lucas interjected, “you admit that your last charge is supported only by rumor?”

Kilthanis nodded. “Yes, Lord Justice Aldon. Because these citizens have been transported to a land far distant from their arrest, information is sketchy at best. There are reports of torture and denial of access to counsel. Therefore, I cannot attest in open court to the tactics being used during interrogations.”

“And yet, you ask us to rule on these matters?”

“My Lord Justices, an order protecting the right to be free from cruel torture cannot possibly go awry, even if such behavior is not occurring. It is within this Court’s power to make an advisory ruling, counseling those who hold the people of the deserts to behave in a manner consistent with the law.”

Lord Justice Yurin Juroch leaned forward. “You said there was no suspicion on which to arrest these people. On what do you base that claim?”

“Lord Justice, I represent the apothecary who mixed the fatal potion that killed the Empress. While it is true that a desert man was implicated in the plot on the Emperor and his family, there is no evidence that the plot was more widespread than that.

“These citizens are being summarily rounded up merely because they happen to be of the desert people. At best, based on testimony given under Oath, there would be due suspicion of all desert men with green eyes. But the Emperor’s order sweeps much more broadly than that. It is for this reason this suit was filed. To ask this Court, consistent with the right of all citizens to seek redress from the Law, to order their immediate release.

“And by what right does this Court issue such an order?” the Chief Justice asked.

“No man is above the law,” Kilthanis replied. “Even if that man is born an Emperor.”

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