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
