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Indybay FeatureRelated Categories: Americas | San Francisco | Global Justice and Anti-Capitalism
Miskitu-Nicaragua Genocide Case In U.S. San Francisco Court Invokes Political Question
International and new United States laws governing the right of United States Courts being afforded jurisdiction over claims and complaints of international genocide and torture have recently been legislated by the Congress resulting in over 800 lawsuits being filed against Saudi Arabia for 09/11/2001.
By Grin Olsson and Gary B C Mitchell
Miskitu-Nicaragua Genocide Case In U.S. Court Invokes Political Question Doctrine
San Francisco, July 13, 2017 – International and new United States laws governing the right of United States Courts being afforded jurisdiction over claims and complaints of international genocide and torture have recently been legislated by the Congress resulting in over 800 lawsuits being filed against Saudi Arabia for 09/11/2001.
In another precedent setting case, filed in a United States District Court in New York, the tribes of Namibia have successfully sued the Republic of Germany in an over century old genocide complaint.
The Miskitu Government in exile represented by their Matriarch, the Honorable Rev. Josephenie E. Robertson, M.T.T., complaint has been restricted in pertinent part by the U.S. District Court in Northern California that has applied the Political Question Doctrine to portions of her complaint.
The FISA laws were enacted by the United States Government to prevent All governments from Law suits in the United States Courts, in effect restricted individuals and foreign governments from obtaining jurisdiction in a U.S. court thus preventing law suits and giving power to foreign governments to conduct their business as they see fit. However, this is in violation of all military laws and rules of engagement, Including the Geneva Convention as was proved in the Nuremberg trials where war criminals were brought to trial and held responsible for decisions issued from their Command and government hierarchy, until very recently last two years there was no way around this barrier.
Since a US court has now created an exception to the rule under 7d with respect to human rights violations, genocide, terrorism, mass murder under the Alien Torts Act including the taking of property from a national without compensation, leaves the door open to jurisdiction in the U.S. courts.
A documentary filmed by Lee Shapiro in 1984 entitled “Nicaragua was our Home” detailed through his investigative interviews and eye witness accounts of compelling evidence that the Sandinista government led by Daniel Ortega in the civil war with the Contras was responsible for one-fourth of the Miskitu people seeking refuge in Honduras.
The Nicaraguan Government, by forcibly intervening in Indian life, compelled the Miskitos to ''take up arms'' where many allied themselves to the Contras in order to protect themselves from the Sandinistas.
The Miskito refugees who fled to Honduras were protected by ''Miskito warriorswho showed extraordinary love and interest in their people.' The elderly and very young were carried.
The documentary also made specific charges that 49 Miskito villages along the Coco River were burned down by Sandinista soldiers; 65 bombs were dropped on six villages in 11 days. Miskitos, speaking in translation, told tales of horror: people hanged, machine-gunned and that Miskito peoples were set on fire and burned.
Ironically in a convoluted assessment of the civil war, the Nicaraguan President, Daniel Ortega Saavedra, has defended the forced relocation of Miskitos by saying it was done to protect them from these same counter-revolutionaries.
During this vicious civil war, the Sandinista government who were opposed by the Contras were funded by the Reagan administration of the United States. A joint peace proposal by the Democratic Speaker of the House Jim Wright and Ronald Reagan helped precipitate a peace agreement at a meeting of five Central American chiefs of state in July 1987, which won Costa Rican President Oscar Arias the Nobel Peace Prize.
However, the Miskitu people were betrayed in this peace agreement where they were forced to not only disarm, but the Sandinista government only negotiated with those Miskitu peoples who allied themselves with the Sandinistas.
Now, genocide and torture again, is being used to destroy the Miskitu people, plunder their homes and farms, and steal their natural resources from the very same government that the United States had originally protected the Miskitu people from during the civil war of the 1980’s and 1990’s. With no recourse under the terms of the American brokered peace to defend themselves, the Miskitu people have taken their cause to the United States Federal Court, unless it was and is the intent of the United States to afford the Nicaraguan government to annex the Miskitu nation under conditions of total submission, which a new Court order from the U.S. District Court regarding the Miskitu nation’s complaint is suggesting precisely that.
Although Judge Jon Tigar is a good judge trying to do the right thing he failed to address which portion of the complaint falls under the “Political Question Doctrine” versus the portion of the complaint that is scheduled to move forward. His comments about the political problems did not provide a nexus with respect to the last 200 years of persecution and have nothing to do with FISA and the current Miskitu law suit.
This case is about what is currently taking place on a regular basis defined under terrorism and genocide property tort where he over step that fact thus convoluting the issues. His complicity seems to be falling in line with the United Nations and misapplying the Political. Question Doctrine. This “doctrine” refers to the idea that an issue is so politically charged that federal courts, which are typically viewed as the apolitical branch of government, should not hear the issue. The doctrine is also referred to as the justiciability doctrine or the non-justiciability doctrine.
One of the earliest examples of applying this doctrine can be found In Oetjen v. Central Leather Co. (1918), when the United States Supreme Court applied the political question doctrine, the Court found that the conduct of foreign relations is the sole responsibility of the Executive Branch. As such, the Court found that cases which challenge the way in which the Executive uses that power present political questions. Thus, the Court held that it cannot preside over these issues.
The Court’s order added confusion to the issues before his Court, by refusing the appoint of counsel with respect to the issues he is allowing to go forward, that also affect the class action portion of the lawsuit that he states requires the plaintiffs to have counsel to proceed on the class action argument of the case.
This judicial bias by not affording the appointment of counsel results in a case that is now with divided issues requiring the plaintiffs to find a lawyer that will represent their cause within 30 days under the liability that the Court has ruled to dismiss some of the complaint based upon the “political question doctrine” that has resulted in the plaintiffs having a hard time to find a willing attorney who would find themselves with problems requiring them to amend the complaint to cure the vague deficiencies cited by the court.
It is interesting to note as a natural conclusion covering this case, is that when a citizen files a complaint with the Court as a means of protection, they lose their rights and then the law says just go to court and settle the matter. This was not the perception and way of thinking of our Forefathers.
It is time for the American people to start breathing life into our Constitution in order save our freedoms from the tyrants and scoundrels that would kill this great experiment called Democracy because they are not publicly confronted.
More here: https://docs.google.com/document/d/1ub1ln4YP7FxsDUiLEdYCizX1wrzOnxMenFbhEmt7TZM/pub
If anyone is interested in helping the Miskitu cause and wish to donate their time, or want to help finance the hiring of counsel to help the Miskitu people with this federal complaint, or recommend a lawyer who will volunteer their services please contact the Miskitu Government in Exile on their website at http://www.miskitunation.org.
If you would like more information about this topic, please contact Ercell Fleurima at ercell [at] miskitunation.org or email at Rev. Josephenie miskitu.nation [at] gmail.com or Gary Mitchell email at excallibburr [at] yahoo.com 1-530-313-3118
Colonos are the New Sandinistas bent on Ethnic Cleansing and Robberry
the Miskitu Nation is Approaching famine in the rural regions
Miskitu territories are abundant in natural resources including Gold and Silver which China is mining illegally and without compensation to the Native people who own it. Instead they are treated less than human by foreign countries condoned by Daniel Ortega and U N Global Compact
Sandinista Military periodically raid Miskitu Villages and homes and take any type of tool able to be used as self defense and soon after the Colonos show up and start killing, raping and taking land by force.
Ercell Hendy Fleurima & Laura Charmaine traveled to Nicaragua and the Miskitu Coast. Colonos surrounded the truck and Colonos were aught in the act by our group. See Video on you tube: https://www.youtube.com/watch?v=S0v7tOSLLXg
When ever an attack breaks out and the . Colonos are hurt or killed the Sandinista government fly in more Colonos with military grade weapons and call them farmers. Who in turn commit crimes against humanity
Miskitu nation is experiencing, famine and decease.
See Lee Shapiro Film here:
GrinOlsson - Screenwriter and Novelist
Former "Hells Cat" and Senior Technologist to the Star Wars Project -(S D I)- Strategic Defense Initiative
Young Reverend. Josephenie 1957 when she took Royal Staff and Responsibility for her Miskitu Nation