Punishment Type: Ban
Appeal Type: Dispute
Which staff member issued the punishment?: Valentine
How long were you banned/blacklisted for?: 1 Month
Your Steam Name: NeXuS
Your Roleplay Name: Marcus Cromwell
Your SteamID: STEAM_0:1:45804070
Why were you banned/blacklisted?: 1.2, 1.6 - The player used a racial slur in character, tried deceiving staff in the report open by stating they didn't say it, then after summing up proof, tried to justify the use of the slur.
Why should this appeal be considered?: First this dispute is partially an apology because I really missed the part of the rule where it said you can't use racial slurs and stuff in IC as well. I thought it only applied to OOC like you can't be racist for real of course but In Character you can be whatever criminal type terrorist whatever you want.
Now to the dispute part:
Additional Information: First I'd like to see the evidence Valentine is referring too.
Second I didn't use the n-word, you can't just ban a word entirely.
Niger or République du Niger is a country in Africa, I'm sorry if a player mistakenly thought that its a racial reference.
I was referring to the country he came from telling him that it is inferior which is clearly a fact, his country and most of Africa is well underdeveloped compared to US or EU countries, huge distances between the two civilizations.
Referring to cultural background and stating facts is not racist.
Racist can only be someone who is distinguishes/discriminates people by their color or race and ranks them.
Someone who distinguishes people by their culture or country or government can't be a racist thus the rule doesn't apply especially because its not the n word since it wasn't applied to a person.
These African countries commit numerous atrocities against people, inhumane treatment of their own, massacre of both white and even black people, other black gangs, tribes whatever who they think is inferior to them, rape, slavery, these things still exists there, these are facts, you can check them anytime on the UN's site, plenty or warcrimes too.
news.un.org
news.un.org
However a real crime was committed by Valentine who called me a racist in OOC, and he called ME a racist not my character in game but ME.
The Civil Code § 227. (1) Whoever, in addition to those specified in § 226, against someone else
a) in connection with the performance of the injured party's job, the performance of public duties or public interest activities or
b) in public
uses an expression capable of defaming honor or commits other such acts, is punishable by imprisonment of up to one year for misdemeanors.
Defamation Btk. Statutory facts of § 266
Civil Code § 226. (1) Anyone who asserts a defamatory fact about someone else, makes a rumor, or uses an expression directly referring to such a fact, shall be punished for a misdemeanor with imprisonment of up to one year.
(2) The penalty is imprisonment for up to two years if defamation
a) for a nefarious reason or purpose,
b) in public, or
c) causing significant damage to interests
are committed.
I believe ban is definitely unjustified since:
----> In criminal proceedings, the burden of proving the charge rests on the accuser, and a fact that has not been proved beyond a doubt cannot be assessed as the burden of the accused. The infringement authority and the court are obliged to clarify the circumstances relevant to the assessment of the case. The person subject to the procedure is not obliged to prove his innocence, the responsibility of proving his responsibility rests with the violation authority or the court.
----> The presumption of innocence
§ 1. No one can be considered guilty until the final decision of the court establishes his guilt.
Protection of fundamental rights
§ 2 (1) The human dignity of everyone must be respected in criminal proceedings.
(2) The right to freedom and personal security must be ensured for everyone in criminal proceedings.
(3) In criminal proceedings, a fundamental right may be restricted only in the procedure according to this Act, for the reason, manner and extent specified in this Act, provided that the desired goal cannot be ensured by means of other procedural acts or measures involving lesser restrictions.
As long as there is the slightest question and uncertainty about whether I can be called a racist or not, applying punishment and especially calling me a racist is completely unjustified.
Calling me a racist is same as calling someone the so called n word for real, applying punishment before showing me evidence first, clearing the circumstances, giving me a chance to defend myself a so called fair trial.
----> Fundamentals of proof
§ 7 (1) The accuser is obliged to prove the charge.
(2) The accused cannot be obliged to prove his innocence.
(3) In criminal proceedings, no one may be required to make a self-incriminating statement or provide evidence against himself.
(4) A fact that has not been proven beyond a doubt cannot be assessed against the defendant.
Since its just an in game forum discussion, I'd close this here however I will request information about this administrator in email so I can make a criminal complaint at the prosecutor's office that goes from my country through interpol to the country where the crime was committed.
Like I told the admin even real court cases were won just because the circumstances were not clear and unambiguous.
However silly this sounds since I have like infinite free time, I'll definitely look into the possibilities.
Appeal Type: Dispute
Which staff member issued the punishment?: Valentine
How long were you banned/blacklisted for?: 1 Month
Your Steam Name: NeXuS
Your Roleplay Name: Marcus Cromwell
Your SteamID: STEAM_0:1:45804070
Why were you banned/blacklisted?: 1.2, 1.6 - The player used a racial slur in character, tried deceiving staff in the report open by stating they didn't say it, then after summing up proof, tried to justify the use of the slur.
Why should this appeal be considered?: First this dispute is partially an apology because I really missed the part of the rule where it said you can't use racial slurs and stuff in IC as well. I thought it only applied to OOC like you can't be racist for real of course but In Character you can be whatever criminal type terrorist whatever you want.
Now to the dispute part:
Additional Information: First I'd like to see the evidence Valentine is referring too.
Second I didn't use the n-word, you can't just ban a word entirely.
Niger or République du Niger is a country in Africa, I'm sorry if a player mistakenly thought that its a racial reference.
I was referring to the country he came from telling him that it is inferior which is clearly a fact, his country and most of Africa is well underdeveloped compared to US or EU countries, huge distances between the two civilizations.
Referring to cultural background and stating facts is not racist.
Racist can only be someone who is distinguishes/discriminates people by their color or race and ranks them.
Someone who distinguishes people by their culture or country or government can't be a racist thus the rule doesn't apply especially because its not the n word since it wasn't applied to a person.
These African countries commit numerous atrocities against people, inhumane treatment of their own, massacre of both white and even black people, other black gangs, tribes whatever who they think is inferior to them, rape, slavery, these things still exists there, these are facts, you can check them anytime on the UN's site, plenty or warcrimes too.
Crime and drugs in West and Central Africa: Security Council highlights 'new alarming trends’
West and Central Africa faces “disruptive and destabilising” new trends regarding drug trafficking, drug use and other crimes, according to Yury Fedotov, Executive Director of the United Nations Office on Drugs and Crime (UNODC), who briefed the UN Security Council on Wednesday.
South Africa ‘on the precipice of explosive xenophobic violence’, UN experts warn
A group of independent UN human rights experts have condemned reports of escalating violence targeting foreign nationals in South Africa, and called for accountability against rising xenophobia, racism and hate speech aimed at migrants, refugees, asylum seekers - and even citizens perceived as...
However a real crime was committed by Valentine who called me a racist in OOC, and he called ME a racist not my character in game but ME.
The Civil Code § 227. (1) Whoever, in addition to those specified in § 226, against someone else
a) in connection with the performance of the injured party's job, the performance of public duties or public interest activities or
b) in public
uses an expression capable of defaming honor or commits other such acts, is punishable by imprisonment of up to one year for misdemeanors.
Defamation Btk. Statutory facts of § 266
Civil Code § 226. (1) Anyone who asserts a defamatory fact about someone else, makes a rumor, or uses an expression directly referring to such a fact, shall be punished for a misdemeanor with imprisonment of up to one year.
(2) The penalty is imprisonment for up to two years if defamation
a) for a nefarious reason or purpose,
b) in public, or
c) causing significant damage to interests
are committed.
I believe ban is definitely unjustified since:
----> In criminal proceedings, the burden of proving the charge rests on the accuser, and a fact that has not been proved beyond a doubt cannot be assessed as the burden of the accused. The infringement authority and the court are obliged to clarify the circumstances relevant to the assessment of the case. The person subject to the procedure is not obliged to prove his innocence, the responsibility of proving his responsibility rests with the violation authority or the court.
----> The presumption of innocence
§ 1. No one can be considered guilty until the final decision of the court establishes his guilt.
Protection of fundamental rights
§ 2 (1) The human dignity of everyone must be respected in criminal proceedings.
(2) The right to freedom and personal security must be ensured for everyone in criminal proceedings.
(3) In criminal proceedings, a fundamental right may be restricted only in the procedure according to this Act, for the reason, manner and extent specified in this Act, provided that the desired goal cannot be ensured by means of other procedural acts or measures involving lesser restrictions.
As long as there is the slightest question and uncertainty about whether I can be called a racist or not, applying punishment and especially calling me a racist is completely unjustified.
Calling me a racist is same as calling someone the so called n word for real, applying punishment before showing me evidence first, clearing the circumstances, giving me a chance to defend myself a so called fair trial.
----> Fundamentals of proof
§ 7 (1) The accuser is obliged to prove the charge.
(2) The accused cannot be obliged to prove his innocence.
(3) In criminal proceedings, no one may be required to make a self-incriminating statement or provide evidence against himself.
(4) A fact that has not been proven beyond a doubt cannot be assessed against the defendant.
Since its just an in game forum discussion, I'd close this here however I will request information about this administrator in email so I can make a criminal complaint at the prosecutor's office that goes from my country through interpol to the country where the crime was committed.
Like I told the admin even real court cases were won just because the circumstances were not clear and unambiguous.
However silly this sounds since I have like infinite free time, I'll definitely look into the possibilities.
