Order 008: Aldurian Civil Defense Corps

[Alduria]

Transitional Government of the Republic of Alduria

ORDER 008

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Pursuant to my authority as President of the Republic of Alduria, and the provisions of the Constitution of Alduria, I hereby promulgate the following:SECTION I. Establishment of the Aldurian Civil Defense Corps.

1. The Aldurian Civil Defense Corps is established as a temporary institution, subject to a decision by an internationally recognized, representative government, established by the people of Alduria as provided by the Constitution of Alduria, to continue or disband the Corps.
   
2. The Aldurian Civil Defense Corps is a security and emergency service agency for Alduria. 
   The Aldurian Civil Defense Corps is composed of Aldurians who will complement operations 
   conducted by national military forces in Alduria to counter organized groups and individuals employing violence against the people of Alduria and their national infrastructure.
   
3. In support of operations to provide security and stability to the people of Alduria, the Aldurian Civil Defense Corps is authorized to perform constabulary duties, including the following tasks: patrolling urban and rural areas; conducting operations to search for and seize illegal weapons and other contraband; providing fixed site, check point, area, route and convoy security; providing crowd and riot control; disaster response services; search and rescue services; providing support to humanitarian missions and disaster recovery operations including transportation services; conducting joint patrols with the Aldurian Armed Forces; and, participating in other activities designed to build positive relationships between the Aldurian people and government authorities including serving as community liaisons.
   
4. The Aldurian Civil Defense Corps is distinct from the Aldurian police forces and the Aldurian Armed Forces. The Aldurian Civil Defense Corps will complement the police force but will be designed to perform operations that exceed the capacity of the police.
   
   1. While on duty and under the supervision of the Aldurian Armed Forces, members of the Aldurian Civil Defense Corps will not be subject to the direction or control of the Aldurian police forces. Except as provided herein, the Aldurian Civil Defense Corps will not have, or exercise, domestic law enforcement functions.
      
   2. The Aldurian Civil Defense Corps is not a component of the Aldurian Armed Forces and is not subject to the orders of the armed forces’ chain of command.
      

SECTION II. Organization of the Aldurian Civil Defense Corps.

1. The Aldurian Civil Defense Corps shall consist of active members in full-time employment and may also include reserve members whose service will be governed by Administrative Instructions issued pursuant to this Order.
   
2. All Aldurians who meet the professional criteria established by applicable Administrative Instructions are eligible for selection to the Aldurian Civil Defense Corps.
   
3. Service in the Aldurian Civil Defense Corps is voluntary. Volunteers for service in the Aldurian Civil Defense Corps will be required to serve for a period of 12 months subject to a decision either by the Government of Alduria, the Parliament of Alduria, or by an internationally recognized, representative government, established by the people of Alduria, to discontinue the Aldurian Civil Defense Corps. No term of service may be extended without the consent of the member of the Aldurian Civil Defense Corps except in the case of a national emergency proclaimed pursuant to law.
   
4. The President of the Republic or a lawful and appropriate designee shall have final authority over the selection and appointment of members of the Aldurian Civil Defense Corps and shall have the authority to dismiss such members on such grounds as he determines to be appropriate.
   
5. The terms and conditions of service and organization, including rank structure, of the Aldurian Civil Defense Corps may be further defined by Administrative Instructions, issued by the President of the Republic or a designee, as may be considered necessary to give effect to the terms of this Order.
   
6. Members of the Aldurian Civil Defense Corps may not:
   
   1. be members of a political party, organization or association; 
      
   2. participate in any activities of a political party, organization or association or recruit members for political parties or organizations;
      
   3. publicly state any opinion of a political nature that constitutes an effort to indoctrinate members of the Aldurian Civil Defense Corps or any other person with a political ideology or otherwise convince any person to adhere to a political ideology; 
      
   4. advocate racial, gender or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, gender, sexual orientation or identity, religion, or regional origin; or use, or advocate the use of, force or violence or other unlawful means for political purposes, whether internal or international; or 
      
   5. participate in any manner in organizations or activities that involve, promote, 
      or practice the conduct described as forbidden in this Section. 
      
7. Nothing in this Section shall limit the right of a member of the Aldurian Civil Defense Corps to vote in elections for political office organized on a local, regional, or national level. Violations may result in the removal of the member from employment in the Aldurian Civil Defense Corps.
   

SECTION III. Authority of the Aldurian Civil Defense Corps.

1. Members of the Aldurian Civil Defense Corps may, while performing their official duties, shall apprehend persons who:
   
   1. they witness committing or attempting to commit a criminal offense;
      
   2. have escaped after being lawfully arrested; or
      
   3. otherwise interfere with their lawful activities.
      
2. Persons apprehended by the Aldurian Civil Defense Corps must be turned over to the Aldurian police or Aldurian Armed Forces within twelve hours of apprehension or be released. Members of the Aldurian Civil Defense Corps may not interrogate, except under the direct supervision of the Aldurian police forces, or otherwise detain persons except as provided herein. 
   
3. When acting under the supervision of the Aldurian Armed Forces, the Aldurian Civil Defense Corps may limit access to certain areas as reasonably necessary to ensure the security of 
   persons or property contained in or passing through such areas. 
   
4. Members of the Aldurian Civil Defense Corps may, while performing their official duties, conduct reasonable searches for weapons or other dangerous or prohibited items on persons or vehicles entering or in designated areas, on criminal suspects incident to apprehension, or when acting under the supervision of Aldurian Armed Forces or the Aldurian police forces, in areas or buildings where dangerous or prohibited items, including prohibited 
   weapons, are reasonably believed to exist. Members of the Aldurian Civil Defense Corps may conduct reasonable searches at established checkpoints anywhere within Alduria and at other locations to prevent such items from being carried into, transported within, or out of designated areas.
   
5. Members of the Aldurian Civil Defense Corps may, while performing official duties, use force against persons or things as is reasonable and necessary under the circumstances. However, the use of force that may be likely to cause death or serious bodily injury is not permitted unless the member reasonably believes that using such force is necessary to protect himself or others from the imminent use of deadly force or force likely to cause serious bodily injury, prevent the escape of a person suspected of committing murder or assault resulting in serious bodily injury, or defend Government, Departmental, or government or state-owned infrastructure, and fixed sites under the direction and control of Government or local governmental authorities, to prevent their destruction or incapacitation.
   

SECTION IV. Functioning of the Aldurian Civil Defense Corps.

1. The Aldurian Civil Defense Corps shall operate under the authority of the President of the Republic, being required to be counseled by the Cabinet, and shall be subject to the supervision of Aldurian Armed Forces. The President of the Republic may delegate to the senior military commander of Government forces in Alduria responsibility and authority for the recruiting, training, organization, and control of the Aldurian Civil Defense Corps. This responsibility and authority may be redelegated pursuant to the provisions of this Order.
   
2. Operational or tactical command of units of the Aldurian Civil Defense Corps operating with Aldurian Armed Forces shall be vested in an officer of Aldurian Armed Forces designated by the senior military commander of Aldurian Armed Forces in Alduria pursuan to the provisions of this Order.
   
3. The Aldurian Civil Defense Corps will not be deployed outside the territory of Alduria, except for training or exchange programs.
   

SECTION V. Jurisdiction.

1. Members of the Aldurian Civil Defense Corps will always be subject to Aldurian law and the civilian criminal courts of Alduria shall have jurisdiction over offenses alleged to have been committed by members of the Aldurian Civil Defense Corps.
   
2. The President of the Republic, the Parliament of Alduria, and/or (jointly or separately each or by only one of them) may determine that offenses alleged to have been committed by members of the Aldurian Civil Defense Corps while on duty may be submitted to the proper criminal courts of Alduria in accordance with the law.
   
3. Members of the Aldurian Civil Defense Corps shall enjoy immunity from civil liability for acts or omissions arising within the scope of their duties and in the conduct of authorized operations to the same degree as other governmental officials under the law of Alduria.
   

SECTION VI. Weapons.

1. The possession of weapons by members of the Aldurian Civil Defense Corps is regulated by Administrative Instructions, which may be issued by the President of the Republic by himself, or by the Prime Minister jointly with the Cabinet.
   

SECTION VII. Delegation of Authority.
The President of the Republic may delegate responsibilities under this Order, as determined by the President via executive, to the senior military commander of Aldurian Armed Forces in Alduria. The senior military commander of Aldurian Armed Forces in Alduria may further delegate responsibilities under this Order to those under his command. 

SIGNED,

Alejandro Campos
President of the Republic of Alduria.

[Natalia Cotilla]

Countersigned,

Natalia Cotilla
Prime Minister of the Republic.