Africa Must Help!!

Africa Must Help!!

FIND OUT WHY!!…it has been kept a secret that H. E. Dr. Malachi Kobina York is African by Birth and Blood?

Non scire quod scire debemus et possumus culpa est’

 ‘That one (B.O.P, U.S.A, Agents) who fails to gain knowledge of law (international diplomatic law) that would prevent a violation of the law (Dr. Malachi K. York rights as a diplomat and foreign official) is liable for any resulting violation (Actus Reus, continuing acts). The maxim may also be applied to those cases in which a person (all arresting agents of Dr. Malachi York) failed to fulfill an obligation (inform Liberia and Ghana) to investigate facts (Dr. M. K. York diplomatic appointment) that would have prevented a harm from occurring to another (Dr. Malachi K. Yorks arbitrary 16 year incarceration)

As he sits in prison fighting for his life, freedom, his international legal and domestic team are moving desperately to improve his overall medical situation being tortured in the most secure prison that world has ever seen, the only one of its kind. If you are reading this then you have some interest in our President and Chief, Liberian Diplomatic Agent, Consul General Dr. York, in his plight and our fight. Hopefully the information received in this article will be of a reasoning and intellectual assistance in the fight across the board in accomplishing our ultimate goal of freedom and great health for H.E. Dr. Malachi K. York, BAAAH BAAAH NABAB YAA NANAAN.

Do you know the legal standing he has in regards to the Republic of Ghana and how it correlates with the Republic of Liberia the progress and the options that are available to Dr. Malachi K. York? The threshold of his fight, with the meshing of additional international legal approaches with supporting case law that will strengthen his legal standing and our unity. The goal here in this article is to ensure that all who have an interest do their part in absorbing the facts of the various approaches that was negotiated between countries, and talks throughout the years, negotiations of Ghana through its Ministries of Foreign Affairs to join a multi-lateral treaty Prisoner Transfer treaty 112 of the ‘European Convention’ in which the United States as a party to, intended to create the ideal vehicle in which the U.S. and Ghana could exchange each others incarcerated nationals abroad with intentions of including Dr. Malachi York as a Ghanaian prisoner. Placing additional legal standing under Dr. Malachi York’s feet, today, along with the resulting relevance of what legal standing he has in the legal fight to repatriate him to West Africa, now.

Also, written in this legal text are other legal international legal options that are available to Dr. Malachi K. York for his freedom. Along with views that all of our collective efforts, supported in both scopes of law, domestic and international will champion the defense of the rights of the Republic of Liberia and the Republic of Ghana, inter alia, the rights of nationals of other African sending states. The protection of those rights in the form of ‘diplomatic protection’ through international judicial proceedings in the international court, as it covers the protection of rights of not only Dr. Malachi K. Yorks and his sending states rights, but also the sending states rights of all of the African nationals (Kenya, Nigeria, Sierra Leone, Uganda, Sudan, etc.)

PRISONER TRANSFER NEGOTIATIONS BETWEEN GHANA AND THE U.S.

In 2009 there was pivotal legal support handed to Dr. Malachi K. York by the Republic of Ghana by way of international recognition as a Liberian citizen and representative of the Republic of Liberia as a ‘Consul General’, acknowledging him as such on April 23rd 2009, through its Ministries of Justice, Attorney General Mrs. Obuobisa,[1] confirming through legal examination. This international recognition strengthened the international call of relief from an ECOWAS nation, with inquiries into legal remedies for Dr. Malachi K. York, which led our mission to the pressing for successful cooperation of a bi-lateral agreement between the U.S. and Ghana[2] for the purpose of exchanging U.S. prisoners for incarcerated Ghanaian prisoners, transferred and brought back to their home country for more successful social rehabilitation, with Dr. Malachi K. York and other qualifying nationals in accordance with international and the domestic law of the negotiating states. The Republic of Ghana therefore requested that further particulars be set forth as to prove his citizenship of Ghana, and his parentage, which was provided in the form of various document, a ‘Statutory Declaration’ from his mother[3] and sisters[4], Ghana’s verification of an authentic ‘Birth of Dr. Malachi K. York’[5], no proof of a ‘Dwight York’ born in Boston, Ma, between 1941-1950[6], the ‘misnomer’ he is held under. There are thousands of petitions and affidavits worldwide confirming his birth and Ghanaian nationality[7] in accordance with Ghanaian law, and other international laws governing nationality.

The attached documents hopefully will give a clear picture and timeline of what was accomplished in Ghana regarding the international prisoner transfer request under Section 10(2) of Transfer of convicted Person Act, 2007, Act 743 and the multi-lateral prisoner transfer treaty, Treaty no. 112 of the European Union pursued by our office through diplomatic dialogue, negotiating based upon humanitarian rights of nationals between the U.S. and Ghana through the U.S. State Department (Rachel Washington of the US Citizens, Africa Division[8]) the Ghanaian Ministries of Justice and its Foreign Affairs ministries. Other actors of this negotiation were pivotal in these process particular Ghanaian nationals incarcerated in the U.S., and U.S. nationals incarnated in Ghana. There was verbal and visual communication between the U.S. prisoners[9] incarcerated in Ghana through Ghanaian attorney Mr. Obour in 2007-2009 as well as myself to both male and female incarcerated Ghanaian nationals, and U.S. citizens incarcerated in Ghana. In order to gather qualified prisoner applicants, the Blue House Lodge members of our fraternal order of the United Nuwaupian nation, were assigned to communicate with ALL LISTED African nationals in all facilities in all 48 annexed states across the U.S. in various state prisons in the U.S. Once correspondence was established under the rubric of ‘The Africa Diaspora Forum’[10] we inquired with Ghanaian prisoners if they were willing to petition to be transferred back to their home country to finish out their sentence, in accordance with Ghanaian law.

We also found through examination of various cases through correspondence, with African nationals and unprecedented cases such as Dr. Malachi K. York, foreign nationals when incarcerated by the U.S., arrested, tried and convicted they were found never to be informed of their rights to ‘consular communication’ [11] in accordance with international law, thus breaching many obligations to many nations, including Ghana and Liberia, these acts are ‘erga omnes’ by nature. To this day some incarcerated nationals consulates have never been informed of their detention, violating the rights of nationals and their state origin, these are blatant violations of international law. In examination of these facts most African nationals, Guinean, Liberian, Nigerian, Togolese, Libyan, Sierra Leone, Ghanaian and many other African nationals it was found that 75% of the cases their rights were violated by the U.S. disregarding the Vienna convention on consular relations with regards to ‘Foreign Nationals’. Their exist a scathing disproportionate amount of African Nationals[12] who’s right under Article 36 of the Vienna convention and other international covenants protecting foreign nationals have been violated in numerous cases across the country, the lack of knowledge of the duties of the United States law enforcement competent officials[13] duty to inform foreign nationals of their rights to consular communication is attributable, (these violations appear to be systematic international law breaching’s, or intentional flagrant violations directed at African nationals in America in particularly……to be continued!

         International Law Missive coming

We will examine cases paralleling the international law principles given effect to repair the foreign right violations of ‘foreign nationals’ and ‘diplomats’, even examining the gross violations of the Iranian government storming the U.S. Embassy in Tehran and taking U.S. diplomats seizing and holding as hostages of members of the US diplomatic and consular staff and certain other US nationals.[14]

Footnotes

[1] Refer to Attachment ‘Ministries of Justice” signed by Mrs. Obuobisa, paragraph 2, ‘Our office has carefully considered the petition raised on the behalf of Dr. Malachi York. We find that Rev. Dr. Malachi York is a Liberian and represents the Republic of Liberia as a Consul General to the State of Atlanta, Georgia in the United States of America’ April 23 2009.

[2] Refer to attachment ‘Babas Prisoner Transfer Response’ Re-application for Prisoner Transfer from the United States of America to Serve Remaining Sentence Under Transfer of Convicted Person Act, 2007, ‘We have written to the Ministries of Foreign affairs which is responsible for initiating International Agreements on behalf of the Republic of Ghana to initiate a Bilateral Agreement with the U.S. for the purpose of sending and receiving convicts between two countries. This will be the foundation for any potential transfer between the two countries.’ February 25th 2011, for Attorney K. Adjei Lartey Barrister and Solicitor Darkuman, Accra.

[3] Refer to Attachment ‘MothersAff’, and ‘Ghanaian Mothers pic’, 5.‘That I have a son named Malachi K. York born of June 26th, 1945 fathered by David York in Takoradi, Ghana West Africa’ 6.

[4] Refer to Attachment ‘SistersAff’, 4. That my brother Malachi K. York is indeed a Ghanaian citizen. 5. That my brother Malachi York was brought to the United States at an early age. 6. That my brother is incarcerated in the United States for crimes that he did not commit and needs to be back home with his family in Ghana.

[5] Refer to attachment ‘Verification of Birth’ March 13, 2009,‘I refer to Letter dated March 15th 2009 and to inform you that the birth certificate with the entry number of 2277 in respect of Malachi York issued at Liberation Road Registry on the 17th of June 2008 is a genuine document issued by this registry’ Registrar of Births and Deaths, Ag: Stephen Kwaku Amaoh

[6] Commonwealth of Massachusetts, Secretary of the Commonwealth, states that Stanley E. Nyberg Registrar of MA/Vital Records duly Appointed and that to his/her acts and attestations, as such, full faith and credit are and ought to be given in and out of Court; and further, that his/her signature to the annexed instrument is genuine’ with the Great Seal of the Commonwealth of Mass. Dated April 11, 2016

[7] Refer to attachment: Seth Kofi Mills and Olulola Olujide Statutory Declaration (ie. Several hundred Statutory Declarations by Ghanaian nationals and in general African nationals, are in possession of the Embassy Archives)

[8] Attachment Dated March 2, 2012 by State Department, Rachel Washington (America Citizens Services Specialist) Africa Division ‘The United States invites countries interested in a prisoner transfer relationship with the United States to join on of the two multilateral conventions to which the United States is already a party: The Council of Europe Convention of the Transfer of Sentenced Persons. Please note, however, that the procedures for acceding to each of the two conventions mentioned above are not identical, and Ghana must consider these procedures in deciding how to proceed.’

[9] Abena Serwah made an oath saying as follows: 1. I am the Deponent herein. 2. That I was born on July 11th 1990 in the United States of America with passport no. 443322411. 3. That she was arrested on 9th September 2009 and convicted on 19th of May 2011 for narcotic offence…. 7. That I wish to be transferred to my home country to serve the rest of my sentence there as my mother is in the USA. 8. That I am informing you of my consent to be transferred.

[10] In 2012 Mr. Doosua York was voted in as chair of Africa Diaspora Forum (DAF, USA), a diplomatic forum headed by Ambassador Mrs. Erika Bennett headquartered in the Accra Ghana, at the African Diaspora Forum, located at the W. E. B. Dubois Center.

[11] Done at Vienna on 24 Apricl 1963. Entered into force on 19 March 1967. United Nations, Treaty Series, vol. 596, p. 261

[12]

[13] Code of conduct for Law Enforcement Officials, Adopted by General Assembly res 34/169 Dec. 1979

[14] US nationals were amongst hostages held by Iran in the storming of their Iranian Embassy, US v Tehran 1979

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