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Cptn Corizon

Memos

TO: Captain Ah-Windu Corizon, Commanding Officer, USS Excalibur

 

FROM: Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC

 

CC: Admiral Hirokie M’Snia, Starfleet Command

 

RE: SCORPIAD FREIGHTER

 

I have reviewed your preliminary report. My first instinct is to advise caution. I have sent your report along with this memo onto to Starfleet Command for further advisement given the sensitivity of the situation.

 

Please report back again with more information once you have met with the Scorpiad Commandant. Until such time as your orders are modified, you are to grant the Scorpiad delegation aboard your vessel full diplomatic courtesy. As to their prisoners, the Prime Directive is clear; we cannot intervene on their behalf simply because we disagree with the Scorpiads on what constitutes terrorism. You may, however, see to it that they are properly cared for while they are under your jurisdiction.

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TO: Ambassador Joy Seven; Ambassador t’Salik

 

FROM: Admiral Hirokie M’Snia, Starfleet Command

 

CC: Federation Diplomatic Corps; Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC;

 

RE: SCORPIAD FREIGHTER

 

I have enclosed a report forwarded to me from the Gamma Quadrant Command’s CO, it was filed by Captain Ah-Windu Corizon of the USS Excalibur. In brief synopsis, in the course of responding to a distress signal sent by a Scorpiad freighter, the Excalibur has inadvertently stumbled into a potential diplomatic crisis. The freighter’s engine systems were badly damaged and at the request of the vessels Commandant, Excalibur beamed her crew and cargo aboard. The cargo of eighteen Al-Ucard and Eratian prisoners are currently being held, per request of the Scorpiad Commandant, in Excaliburs brig.

 

Captain Corizon and Vice-Admiral Abronvonvich have inquired for direction in this matter. They also ask for your interpretation of options to avoid turning over the prisoners to the Scorpiads. Starfleet has contacted the Scorpiad embassy and I will forward you any response we receive.

 

Please advise.

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Subject : Scorpiad Freighter

To : Admiral Hirokie M'Sna, Starfleet Command

From : Ambassador Joy Seven

CC : Ambassador t'Salik, Federation Diplomatic Corps; Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC;

 

 

Admiral

 

After researching the situation, not only are there "options to avoid turning over the prisoners to the Scorpiads," but there is a duty to not turn over prisoners to the Scorpiad. I shall work through the situation as I perceive it.

 

The Freighter, when it broke down, was in open space. There is no power claiming its laws should be exclusively followed within that area.

 

By well accepted tradition, the Scorpiad freighter is ruled under Scorpiad law while it is in open space. With the beam out of the prisoners from the ship, and the subsequent destruction of the ship, Scorpiad jurisdiction vanished. With the passage of the prisoners onto the Excalibur, the only law relevant is the Federation's.

 

By Federation law, all sentients on board Excalibur are protected by the Guarantees. The Excalibur's guests are to be treated well by our own standards, and are not to be punished without proof of guilt beyond reasonable doubt established through all due process.

 

There is no extradition treaty between the Federation and the Scorpiad. Neither government has a procedure by which prisoners held by one power might be requested for hand over to the other. No such treaty is apt to be negotiated at any time soon. The Federation does not sign extradition treaties with powers that do not recognize the Guarantees (or something very much like them).

 

Neither the Scorpiad nor the Federation recognize the Al-Ucard or Eratians as sovereign powers. Thus, the ongoing struggles are considered an internal criminal activity rather than part of a war. Thus, treaties regarding prisoners of war are not applicable, though the Scorpiad have not signed said treaties, regardless.

 

The guests aboard the Excalibur have the Guaranteed right to freedom of movement. On the other hand, Excalibur is in part a warship. Restricting foreign nationals from critical spaces is a well accepted practice. Reasonable prudent security measures should be taken. Confining them to cells without probable cause of wrongdoing would be highly questionable legally.

 

The Prime Directive demands that we do not interfere with what is going on in other power's territories. The Guarantees demand that we protect the rights of those within our own territory. It would be the Federation's policy and Starfleet's Duty to honor and implement both principles. This should be made clear to the Scorpiad. There are subversive elements within the Federation attempting to undercut both the Prime Directive and the Guarantees. The Council, at present, is striving to maintain them. Our actions should not be presented as taking sides in a struggle, but as an attempt by the Federation to maintain respect for the principles which prevent us from taking sides. It would likely be in the Scorpiad interests to support the Federation Idealists rather than the Section 31 militarists.

 

This should not be considered a diplomatically clever lie. The Council does not wish Starfleet to take sides. The Council does wish a greater respect for individual rights in Gamma Quad. The Council does not wish Starfleet, however, to use force to change local cultures and values.

 

If necessary, the Scorpiad should be assured that we are not going to start beaming people onto our ships and claiming legal jurisdiction over them. In this case, we were asked to beam them over, for humanitarian cause, at the request of the vessel's command. If they wish to discuss when and with what authority we beam people aboard our ships, we could hold such a discussion. If they wish to discuss a mutual extradition treaty, we could hold that discussion as well. I will offer my services if they desire either discussion.

 

I would suggest that finding a long term home for the terrorists / freedom fighters should be an immediate goal. I does not seem prudent to hold them on the Excalibur indefinitely. Camelot might not be significantly better. What planet would accept them? I would suggest that asking our guests where they might wish to go would be a prudent first step.

 

Ambassador Joy Seven

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Subject : Scorpiad Freighter

To : Admiral Hirokie M'Sna, Starfleet Command; Ambassador Joy Seven

From : Ambassador T'Salik, Federation Diplomatic Corps

CC : Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC;

 

Admiral:

 

In making your inquiry, I would caution that a request to consider "options to avoid turning over the prisoners to the Scorpiad" may presume that Federation policy is sufficiently porous that a legalistic rendering can be made to justify an already pre-determined course of action. I trust this is not your intention to imply. In any case, while I have points of disagreement with my esteemed colleague, I am led to concur with her conclusions.

 

The statement that there is a "duty to not turn over prisoners to the Scorpiad" seems to presume policy determinations that have not been declared. The failure of Federation negotiators to establish an extradition treaty is not a de facto condemnation of the Scorpiad system of jurisprudence, nor is it a rendering that they would not sufficiently adhere to the Guarantees. Starfleet does not have a duty to choose when to ignore local law or Federation policy. Starfleet further has a duty to promote peace. The potential conflict between these duties is the crux of this matter. Few galactic powers would look positively on interference with their system of justice. Given the tenuous balance currently maintained with the Scorpiad Empire, this issue has real potential to strain peaceful relations. My assessment of policy, however, assumes neither a bias toward avoiding prisoner return nor overlooking law to maintain good relations.

 

The freighter in question was operating outside treaty-defined borders of the Scorpiad Empire. However, open space is not Federation space. In this incident, it is not Federation law that takes precedence, but interstellar law as recognized by the Federation. Further, the Scorpiad invoked peremptory norms associated with the response to distress and accepting shelter aboard a foreign vessel.

 

As a jus cogens of interstellar law, the principle of non-refoulement protects Al-Ucard and Eritan refugees from being returned to a place where their lives or freedoms may be threatened. I must therefore concur that Starfleet is under no obligation to return these individuals to Scorpiad control. Further, it has the duty to withhold return of these prisoners in the interest of maintaining treaty-mandated neutrality and interstellar law.

 

I concur with my colleague in the remaining matters, especially pertaining to the treatment and freedom of movement afforded to refugees. I believe the latter remain under the purview of the commanding officer, Excalibur.

 

In rendering this opinion, I offer two cautions. First, Starfleet officers should avoid any implication that asylum has been extended to these refugees. Asylum requests bear a political dimension that should be avoided, unless the subjects themselves request it. Even then, these should be adjudicated by civilian authority. Second, distress law suggests that the disposition of those rescued be handled at the point of disembarkment. In light of this, care should be taken in selecting the ship's next port of call with the prisoners aboard.

 

Despite minor points of contention, I concur with the ultimate conclusion reached by Ambassador Joy Seven. While there have been nuances to consider and complications to unravel, I hope my response has been sufficiently plain: Excalibur has obligations under interstellar law to safeguard the refugees it has taken aboard.

 

Until such time as you require further elucidation, I remain your servant.

Edited by Ambassador TSalik

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Subject : Scorpiad Freighter

To : Ambassador T'Salik

From : Ambassador Joy Seven

CC : Admiral Hirokie M'Sna, Starfleet Command, Federation Diplomatic Corps, Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC;

 

Ambassador

 

We seem to have reached much the same conclusion by slightly different routes. My only minor quibble is that the protection of the Guarantees by the language I chose, or the principle of jus cogens as you chose to invoke it, are matters of law and treaty rather than policy. Thus, I would say not turning over the prisoners is a duty, and need not await any declaration of policy. No policy maker has the authority to overturn the Guarantees or jus cogens.

 

But, alas, both the Guarantees and jus cogens are principles of Alpha Quad. While we are bound by them by long tradition, in Gama Quadrant these same ideas are new, alien, not intuitively logical, and in conflict with long local traditions and values.

 

Thus, I would suggest you consider arguments of practicality and prudence as well as arguments by Alpha law.

 

Not as easy.

 

Ambassador Joy Seven

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TO: Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC

 

FROM: Captain Ah-Windu Corizon, Commanding Officer, USS Excalibur

 

RE: Scorpiad Fighter

 

I have met with the Scorpiad commanding officer. Had a surprisingly cordial meeting, to be entirely honest. Informed him that I would be treating the Al-Ucard and Eratian subjects with our standards. He has since informed me that one of his vessels will be arriving within three days to collect his crew and prisoners. Please advise as to orders concerning this.

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TO: Ambassador Joy Seven; Ambassador t’Salik

 

FROM: Admiral Hirokie M’Snia, Starfleet Command

 

CC: Federation Diplomatic Corps; Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC;

 

RE: SCORPIAD FREIGHTER

 

Thank you both for your prompt replies. I have received further information from the Excalibur indicating that the Scorpiad have dispatched a vessel to intercept the Excalibur to collect their crew and the prisoners. We have been in touch with the Federation Secretary of State Undersecretary for Gamma Quadrant Affairs. He concurs and supports your position that we have an obligation to avoid returning the prisoners to Scorpiad custody, however he, as well as Starfleet Command, is unsure as where to advise Captain Corizon to deposit said prisoners. There is also the matter of how far we are willing to go to protect these individuals, should the Scorpiad be unwilling to adhere to the precepts of intergalactic law. While Starfleet is committed to upholding both Federation law and policy, the practical, as Ambassador Joy put it, must also be observed. If indeed these are violent criminals as the Scorpiad have charged, are we willing to commit the resources, and more importantly, the lives of Federation citizens to protect them? And while it seems unlikely that the Scorpiad would start a full scale war over such an affront, history is replete, no doubt, with lesser such moments that have led to significant wars.

 

What are your feelings on these issues? And further, who might you suggest we, if possible, turn the prisoners over too?

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TO: Captain Ah-Windu Corizon, Commanding Officer, USS Excalibur

 

FROM: Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC

 

CC: Admiral Hirokie M’Snia, Starfleet Command

 

RE: SCORPIAD FREIGHTER

 

I have received no direct orders from Starfleet Command to modify current orders, concerning the Scorpiads. As to your prisoners, Starfleet Command is looking into the situation and will offer further advisement at a later time. For now, continue to treat them within the bound of Starfleet and Federation law and regulation.

 

The diplomatic corps has taken special notice to remind us of the Guarantees, and suggests that the 'prisoners' be moved to more comfortable locals than the brig. You may, however, continue to keep them sequestered from the crew and the Scorpiad.

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SUBJECT: Scorpiad Freighter

 

TO: Vice-Admiral Misha Abronvonvich, Commanding Officer, SGQC

 

FROM: Ambassador Joy Seven

 

CC: Captain Ah-Windu Corizon, Commanding Officer, USS Excalibur

Admiral Hirokie M’Snia, Starfleet Command

 

 

Admiral

 

This communications might properly be considered unofficial. Androids are not supposed to have gut feelings, but none the less I have some conjecture that cannot be proven.

 

Someone attempted to send damaged Romulan weapons through Starfleet channels to the resistance. It is my guess that whomever did this was not a friend of either the Romulans, the Federation or the resistance. There was an intended provocation here. If they had been good weapons, I would suspect a variation on the theme of Section 31, but as the weapons were bad the intent seems be to get everyone angry at everyone else.

 

Immediately after this first provocation, a Scorpiad freighter broke down, and the Excalibur just happened to be the nearest ship in a position to rescue. This put the Federation into a position where we might be seen as interfering with a fight that hasn’t been ours, and which we are trying not to make ours. The most likely result seems similar to the weapons smuggling case. Everyone is apt to be mad at everyone else.

 

At this time, I am not inclined to believe the freighter’s drive problems were an accident. Someone wishes to disturb the peace, and wants the Federation involved in the resulting mess.

 

The ‘signature’ of the above incidents is ‘Let’s you and him fight.’ This reminds me of the Dominion. Their culture and recent history includes provocative incidents intended to draw their enemies into conflicts that might not otherwise have happened.

 

The Scorpiad had the best opportunity to cause the second incident, but I don’t see the motive. Some Section 31 like entity could plausibly think we should join the fight, but they would need considerable ingenuity to cause the second incident. Then again, they have the ingenuity.

 

But I see no complete picture. I would recommend an immediate and very thorough investigation of the smuggling incident, as any evidence on the freighter is gone.

 

I would also expect the unexpected.

 

I would like to be kept informed of any other incidents even vaguely fitting this pattern.

 

 

Ambassador Joy Seven

Edited by Joy

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TO: Semil, Hundred Vorta Adjutant, Camelot Station

 

FROM: Captain Ah-Windu Corizon, Commanding Officer, USS Excalibur

 

RE: SCORPIAD FREIGHTER

 

As I am sure you are doubtless aware, given your proficiency in mining our data, we have a small issue with some individuals we’ve brought on board. I’ve enclosed a non-classified report on the matter that will bring you up to speed.

 

According to intergalactic law and Federation policies and laws, I cannot willingly turn them over to their own government, nor can I give them to Scorpiads, as I cannot willingly turn them over to a government who will put them in danger. As a compromise, we need a third party who is neutral who will secure their safety and who is willing to negotiate with the Al-Ucard and Eratian provisional governments for their eventual release.

 

The Dominion itself would be preferable as they are recognized officially, unlike your government, however I believe that they would be unreceptive to the notion of wading into the internal affairs of the Scorpiad Empire for fear that they would retaliate in some fashion.

 

Which brings me to you; I would be grateful if your organization would be willing to act as a neutral third party in the manner. I’ve enclosed a proposal for your to peruse that will explain in more detail.

 

Look forward to your response.

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