Activist's freedom of speech denied in Bonaire

Open letter to Common Court of Justice and Openbaar Ministerie                           Bonaire – March 26, 2020

Mr. D. Radder, voorzitter

Mr. S.A. Carmelia, rechter

Mr. A.J.M. van Gink, rechter

Common Court of Justice denies a judge to try the unlawful police order and unlawful arrest of human rights activist James Finies

We took note of your arbitrary decision of March 17, 2020 to deny my human right to have my case heard in a public court. The police arrested me unlawfully and used false statements on the location for me to protest and that I resisted arrest from arresting police officers Charlie Mercelina, Reagan Nicolaas and Ronald Schleper.

The prosecutor Blanco, represented by the General Prosecutor mr. Bos, suppress my fundamental human right of freedom of speech, expression, assembly, and manifestation, the main pillars of a democratic state. The decision to not to go to court, robs me of the possibility to expose the police’s actions as fraudulent and to prove my arrest on September 6, 2019 to be unlawful based on an arbitrary interpretation of facts.

My name is slandered by the actions of the police and the prosecutor and without a trial; I have been condemned, as the dismissal does not declare me innocent, by the prosecutor who forced me to agree to and sign fabricated statements and which I did not sign. Is it not the purpose of the justice system that I am innocent until proven guilty? My right to have my name restored in a court case was denied by the decision of March 17, 2020. Ironically, the same week a group in Rincon protested without notification and permit and nobody was arrested.

It is preposterous that in your decision you state that I have no legal means against this decision. By this letter, I therefore share my side of the story and present the facts through which the truth may come out and justice will prevail.

Your decision was based on the following (also see attached annex 1):

·         “that a permission for a peaceful assembly manifestation was requested and given by the governor with a specified place in writing and that the public order will not be breached.”  

·         that the police report that prosecutor and you are using states that: ”I was requested to go stand at the indicated place.” and that started a discussion “on the interpretation of the indicated place.”

·         that the officer Mercelina reported on October 24, 2019 (proces-verbaal) to you as this was after our complaint to you, with fabricated evidence that never existed before, a drawing/situation sketch with a place marked where I was supposed to stand (see annex 2).

Contrary to this version, I present you with my side of the case, which you deny me to put forward. It is all based on facts among which a video recording (see annex YouTube link: https://youtu.be/-rzXjwWFgfo , https://youtu.be/1UnCyhl9ljs) and not the post hoc fabricated reports by police and prosecutor.

The attached letter of governor Rijna giving permission (this is misleading information because a human right is not subjected to permission from any authority) point 1:  “as place of the demonstration is designated the Wilhelminaplein in Kralendijk, opposite the fixed stage there.” The following facts will show that police Mercelina never told the truth in his statements. According to his statements, he is reporting verbally and in writing two different places that are contradictory to the indicated place in the governor letter.

Allegation 1: not following the content of the permit

The police officer Mercelina came to me a told me that where I was standing, OPPOSITE the fixed stage (with one table with newspapers with information and two flags, one of Bonaire and one of United Nations representing international law and our Human Rights and a mannequin with a t-shirt of Re-listing Bonaire on the Non-Self-Governing-Territories of the United Nations and accompanied by two colleagues, no protest boards, no music, no chanting, nothing, out of the way at the side next to a big bus from the news-media NOS TV), that I have to move and go stand ON the stage. I requested officer Mercelina to read the letter himself as in the letter (see annex 3) it is not written ON the fixed stage but OPPOSITE the fixed stage, the exact spot where I was standing at that moment.  Both of us agreed that his instruction was contrary to what was written in the letter. I then asked him if he could go ask the governor to come help us out and explain the letter, as it was completely contradictory to officer Mercelina’s request. - Officer Mercelina, went supposedly to ask the governor. Officer Mercelina came back after about 10 minutes and said the same that I should go on top of the stage as indicated in the letter and I again said to officer Mercelina if he is asking me to go ON TOP of the fixed stage. Officer Mercelina confirmed “Yes, ON TOP of the fixed stage.” I said that this was not what is written in the permit letter that officer Mercelina asked me to comply with. Therefore, why then do I have to move, which he could not contradict as it is clearly written OPPOSITE and not ON TOP of the fixed stage?

Allegation 2: that the public order should not be breached:

Then officer Mercelina after he could not answer my question he asked me to go stand ON the fixed stage based on point four of the conditions attached to the permit: “the orders and instructions of the police are immediately followed in the interest of public order, peace, and safety.” I then asked officer Mercelina to tell or explain me in which way the interest of public order, peace, and safety were served by his order. ( see annex youtube/video link: https://youtu.be/1UnCyhl9ljs)

As officer Mercelina,again, could not answer my questions and based on the permit letter I told him that if I should follow his order, I would be obeying an unlawful order. Officer Mercelina said that the police themselves would remove the table, newspapers, and flag and I told him that was ok, but that what he as police is requesting me to do is a breach and a violation of our human rights.

Then officer Mercelina decided to call the other police officers to come and remove the stuff as he told me he would. I did not say anything, did not resist, did not try stop him from removing the stuff. Officer Mercelina never told me that I would be arrested or anything because the discussion was a very simple factual discussion based on the permit letter that mentioned OPPOSITE and officer Mercelina telling me that means ON TOP. At no moment, I was aggressive, not verbally or physically. I just asked the questions mentioned above. From the video to which I refer, you may see, listen, and understand that the reports of officer Mercelina and the other police officers and supported by prosecutor Blanco are incorrect and contain fabricated and contradictory information.

Allegation 3: “resisting arrest”

That was a result of above “provoked” interaction, where I every moment, second was peaceful and no way was nor verbally or physically aggressive or used any bad words or anything and only exercising my “fundamental human right of peaceful assembly and manifestation, and freedom of expression”.  In my view, I experienced excessive use or abuse of police power and I will present these facts in a next open letter.

I wrote this open letter with the only intention and hope to serve our community and the justice system. In the democratic state and justice system, the rule of law was especially created to protect the citizen from the power-position of the government/, not to arbitrary decide that “I am guilty until proven innocent” and denying me my human rights. First, my universal fundamental right of freedom of expression and next my human right to a fair trial or to be heard or present my side of the case Of course, this is based on the premise that it is the truth and justice you are seeking.

Thank you for your attention,

Respectfully Yours,

James Finies
Human Rights Activist, Bonaire