by Lina Ambre3:31pm on Friday 17th August 2018
Orvanne Federal District Court has officially declined the request by Arataka Research Consortium to hear a complaint for injunctive relief against the Federal Intelligence Office, after several months of deliberation.
The Orvanne District Court's statement justified the decision, saying: "While the Arataka Research Consortium (ARC) is, under Federal laws enacting the Yulai Convention, recognized as having certain defined rights to do business within Federation space, a Federal District Court has no jurisdiction over the application of Federal civil law to extraterritorial and foreign entities falling under the terms of the said Yulai Convention."
"Moreover, ARC itself has not established standing in Orvanne District Court with respect to FIO materials pertaining to Astral Mining's RP4 facility in Postouvin; nor with respect to such materials pertaining to the SoCT's H4-RP4 Kyonoke Inquest Center. On these grounds individually and in combination, ARC's filed request is determined to have no force in Orvanne Federal District Court."
Reisu Lemarrein, legal spokesperson for the Federal Intelligence Office, commented on the ruling. "It is only just. ARC is made up of Caldari and Amarr corporations, and they have no business in our court system. It's clear now that in a spurious search for openness they imagine to be lacking they came to the Federation instead of filing a request with the CBT or petitioning the Amarr Civic Court. Perhaps they did not realize that we are not naive enough to allow our system to be exploited by external parties."
The Hope for All Act, passed under provisions of the Yulai Convention during the Kyonoke Inquest last year, imposes a duty under CONCORD law to release all research and intelligence logs pertaining to the Kyonoke plague. Despite the adoption of the HfA Act, at this time none of the four empires have complied with it.
Sources close to the Caldari Chief Executive Panel suggest that discussions on the topic among the Big Eight are deadlocked. Powerful megacorps such as Kaalakiota, Lai Dai andare reportedly keen to defend a position of non-disclosure under another of the acts imposed during the Inquest, the Vital Secrets Act, which guarantees every empire the right to maintain secrecy over their own investigations into the Kyonoke Crisis.
Inquiries from the Scope to the CEP, as well as to the Minmatar Tribal Council and the Amarr Court Chamberlain's office have not been answered.
While the court has refused ARC's petition, a significant number of similar requests have been filed with either the Orvanne District Court or the Federal Supreme Court itself by a number of Federation-based individuals and associations, and rulings on standing and validity of such filings are still pending.
Legal observers suggest that filings at Orvanne District Court pertaining to the SoCT's H4-RP4 facility are likely to be refused on grounds of extraterritoriality under the Yulai Convention but are divided as to the merits of petitions concerning the Astral Mining facility. Some have suggested that the entire matter will inevitably be heard by the Supreme Court as the only judicial venue where all connected issues could be heard in their entirety.