Wednesday, July 30, 2008

Chapter 34

The Court was packed again on the day the Court issued its ruling. It was an unusually swift decision, coming just a week after the Court heard arguments. Decisions typically took weeks to render and sometimes a span of months would elapse before the Court announced a decision.

But given the weighty issues that the Court was being asked to consider and the urgency of the need for a decision, the Justices had burned the midnight oil putting together their opinion. In fact, the decision itself had been reached fairly quickly. Lucas had walked into their conference with a draft opinion already written.

He waited to hear what his other colleagues thought before voicing his own opinion, but after making his case the decision was rapidly agreed to. All the justices had agreed on the need for a unanimous decision and that was initially a source of contention. But Lucas’s calm explanation of his rationale had quickly achieved a consensus.

“We are seated today to announce our decision in the case brought by Lord D’Endray against the Emperor,” the Lord Chief Justice announced. “The decision is unanimous as to all issues. The Court’s decision has been authored by Lord Justice Aldon.”

So saying, the Chief Justice turned to Lucas. “Thank you, Lord Chief Justice.” He looked out at the gathered crowd, his eyes locking with Kilthanis.

“We are called upon to issue a ruling of great importance today. The possibility of crisis rests heavily on our minds. Were the Emperor to defy this Court, chaos would erupt. Additionally, the implication that the Emperor and his cousin are complicit in the violation of the Kiyem-merethil and the Kiyem-bo must not be arrived at lightly.

“Given the lack of evidence in this case, it is the opinion of this Court that there is no basis to issue the orders asked by Lord D’Endray in this matter. Therefore, the charge that Imperial citizens are being held without being presented with the charges must be dismissed until such time as competent evidence can be taken on the issue.”

Kilthanis looked striken.

“The same fate must befall the claim that Laris Rychart is violating the prohibition against cruel torture. However, as the Imperial Solicitor acknowledges, this flaw does not affect the claim that the men and women of the desert are being held without due suspicion.

“The holding of an Imperial Citizen without due suspicion is without a doubt a violation of the law, as handed down by Bokiyem himself.” Here, Kilthanis felt a spark of hope. But this hope turned to confusion at Lucas’s next words. “The question remains, however, whether the people of the desert are Imperial Citizens. And this brings us to the last charge, the violation of the Pact of Dhereshu.

“This Pact creates a special relationship with Yometh Robak and Kolam Robak unseen elsewhere in the Empire. It grants a level of autonomy not experienced by any other realm within our Imperium. Given this special status, it is the ruling of this Court that the desert lands of Yometh Robak and Kolam Robak are Imperial territory, but in a foreign sense, and thus the citizens of these territories stand outside the Empire.

“This matter is further complicated by the accusations on both sides that the Pact of Dhereshu has been violated. We find it unnecessary to determine by whom the Pact was broken. Without a doubt, it is no longer in force. If broken by the desert people, they cannot now claim its protections before this Court.

“If broken by the Emperor, it still affords no protections. For the desert lands are now in a state of war. While the Kiyem-bo applies in territory occupied by military forces, this application has always depended on a state of occupation, rather than open hostilities. To require otherwise would hamper the ability of Imperial forces to successfully prosecute a war. And this step we will not take.

“The fact that some of these people were taken far from the field of battle is immaterial. Given our ruling that they are not Imperial Citizens, the locus of their capture is not relevant.” So saying, Lucas ceased his recitation of his opinion.

“There being no other business before us today, this Court is now adjourned,” said the Chief Justice.

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