WPC 2BVQW#|x12 cpi0m[dddfd  @ sPanasonic KX-P1124sions of WordPerfePAKXP112.PRSd  @ s&#|x2Y8 WVJCourier 10 cpiCourier 12 cpiPanasonic KX-P1124sions of WordPerfePAKXP112.PRSx  @)s&m[xxxx  @)s0m[dddd  @ s2 d  @ s   COURSE OF ACTION RECOMMENDED FOR FULL ASSERTION OF YUPIC SOVEREIGN $JURISDICTION IMPLEMENT WITHDRAWAL OF U.S. OCCUPATION AND ADMINISTRATION INCLUDING COURTS WITHIN THE BOUNDARIES OF YUPIC JURISDICTION. TRANSFER ENFORCEMENT THROUGH A MUTUAL SECURITY PACT WITH U.S. TO SOVEREIGN YUPIC JURISDICTION UNDER SUZERAIN TRUST PURSUANT TO ATMAUTLUAK RESOLUTION 86-05. THIS REMOVES ALL CONFLICTION OF AUTHORITY ARISING FROM PURCHASE AGREEMENT BETWEEN U.S. AND RUSSIA OVER THEIR TRADING COMPANY RIGHTS WITHIN ALASKA. SINCE THE ASSERTION OF THEIR SOVEREIGN RIGHTS BY THE YUPIC TRIBES THROUGH THE TRADITIONAL ELDERS COUNCIL OF ATMAUTLUAK PURSUANT TO THE PUBLISHING OF RESOLUTION 86-05 ON SEPT. 22 1986. SINCE THE PUBLISHING DATE CONFORMED TO THE ACTS OF CONGRESS THIS GIVES THE YUPIC U.S. COURT PROTECTION TO THE ACKNOWLEDGEMENT OF THIS JURISDICTION. THE U.S THROUGH ITS INTERNATIONAL AGREEMENTS AND TREATIES IS OBLIGED TO PROTECT THE SOVEREIGN JURISDICTION OF THE YUPIC TRIBES SINCE THEY ARE CHARTERED UNDER THE HIGHEST STANDARD OF HUMAN GOVERNANCE WHICH IS THE DOCTRINE OF HUMAN RIGHTS AS PROMULGATED BY THE INTERNATIONAL COMMUNITY AND ADOPTED BY THE U.S. AND REINFORCED BY THE ANTI-GENOCIDE COVENANTS RATIFIED BY CONGRESS ON FEB.19,1986 AND AN ACT OF CONGRESS (P.L.100-606) SIGNED INTO LAW ON NOVEMBER 4, 1988.   ATMAUTLUAK TRADITIONAL COUNCIL "GENERAL DELIVERY ATMAUTLUAK, ALASKA 99559 #(907) 553-5610 FINDINGS OF FACT AND COURT DECISION OF TRADITIONAL ELDERS COURT OF ATMAUTLUAK THE ATMAUTLUAK TRADITIONAL ELDERS COUNCIL ACTING AS TRIBAL COURT CONVENED AT 1PM IN ORDER TO HEAR FURTHER TESTIMONY CONCERNING THE COMPLAINT OF AMBROSE AGUCHAK AND EDWARD BERLIN AGAINSTT RON PERRY CONCERNING RON PERRY'S INTERFERENCE OF THEIR MOOSE HUNT ON THE AFTERNOON OF SEPTEMBER 10, 1987. THIS INTERFERENCE RESULTED IN THE LOSS AND SPOILAGE OF 2,000 LBS. OF MOOSE MEAT, 3 DAYS OF TIME AWAY FROM THEIR NOMAL OCCUPATION AND TRAVEL EXPENSES TO PREVENT FURTHER INTERFERENCE. RON PERRY WAS NOTIFIED OF THE COMPLAINT BY REGISTERED MAIL ON NOVEMBER 5, 1987 AND INSTRUCTED THAT A FURTHER HEARING ON THE COMPLAINT WOULD BE HELD AFTER 10 DAYS OF NOTIFICATION, IN ATMAUTLUAK ELDERS COURT. RON PERRY WAS INFORMED BY TELEPHONE CONVERSATION ON THE AFTERNOON OF NOVEMBER 17, 1987 THAT THE HEARING WAS SCHEDULED FOR 1PM NOVEMBER 19, 1987 SO THAT HE COULD ATTEND THE HEARING AND GIVE TESTIMONY IN HIS BEHALF CONCERNING THE COMPLAINT. HE SAID THAT HE WAS REFUSING TO SUBMIT TO THE COMPLAINT IN THE ATMAUTLUAK TRIBAL COURT AND WAS INFORMED THAT THE HEARING WOULD PROCEED ON SCHEDULE. THE COURT OPENED WITH A PRAYER BY ELDER ALEXIE MOCHIN SR. FOLLOWING THE PRAYER AMBROSE AGUCHAK AND EDWARD BERLIN REAFFIRMED THE CHARGES AND SUBMITTED A LIST OF DAMAGES AS FOLLOWS: ESTIMATED WEIGHT OF 2 MOOSE, 2,000 LBS. AT REPLACEMENT VALUE OF $5. PER LB. $10,000 3DAYS EACH OF THE TIME AWAY ROM NORMAL ACTIVITIES AT $100 PER DAY. AMBROSE AGUCHAK, EDWARD BERLIN, AND JOHN BERLIN 3 DAYS X 3 HUNTERS X $100 PER DAY. $900 TRANSPORTATION COST FOR AMBROSE AGUCHAK AND EDWARD BERLIN $80. FOR A TOTAL OF $10,980 AFTER REVIEWING THE DAMAGE COST THE COURT HAS APPROVED THEM IN FAVOR OF AMBROSE AGUCHAK AND EDWARD BERLIN. THE COURT HAS ALSO DETERMINED THAT DUE TO THE SPOILAGE OF THE MEAT AND AS A RESULT OF RON PERRY'S INTERFERENCE THE FURTHER JUGDEMENT OF THE COURT IS THAT RON PERRY SUBMIT TO 10 HOURS OF INSTRUCTION BY THE ELDERS COUNCIL OF ATMAUTLUAK SO THAT HE MAY RECOGNIZE THE JURISDICTIONAL BOUNDRIES OF ATMAUTLUAK PURSUANT TO RESOLUTION 86-05 AS PUBLISHED IN THE TUNDRA DTIMES, SUPTEMBER 22, 1987 AND TO ACQUAINT HIM IN THE PROPER PROCEDURE IN PROCESSING COMPLAINT THAT HE MAY HAVE AGAINST TRIBAL MEMBERS WHEN IN THE ATMAUTLUAK JURISDICTION SO THAT HIS OFFENSE DOES NOT OCCUR AGAIN. THE PAYMENT FOR THE NOOSE MEAT MAY BE MADE IN KIND OR IN CASH WHICH EVER IS MORE CONVIENT.  h)Ԍ THIS COURT ORDER WILL BE SUBMITTED TO THE FEDERAL ATTORNEY LOCATED IN ANCHORAGE FOR PROPER SERVICE TO RON PERRY. CHARLIE NICHOLAI ALEXIE MOCHIN SR. CARL WASKA CC/WARREN SPAHN U.S. ATTORNEY AMBROSE AGUCHAK EDWARD BERLIN RON PERRY INFORMATION COPIES TO: DEPARTMENT OF LAW STATE OF ALASKA BETHEL AND JUNEAU DEPARTMENT OF PUBLIC SAFETY STATE OF ALASKA BETHEL AND JUNEAU ATMAUTLUAK TRADITIONAL COUNCIL "GENERAL DELIVERY ATMAUTLUAK, ALASKA 99559 #(907) 553-5610 TO: C.R. MC MAHON MAGISTRATE BETHEL COURT DEAR SIR, THE COMPLAINT AGAINST AMBROSE AGUCHAK AND EDWARD BERLIN BY THE STATE OF ALASKA HAS ALREADY BEEN DISPOSED OF BY THE TRADITIONAL TRIBAL COURT OF ATMAUTLUAK WHICH IS THE ONLY COURT OF COMPETENT JURISDICTION WITHIN THE BIO-REGIONAL AREA AS DEFINED BY ATMAUTLUAK TRIBAL RESOLUTIONS 86-05, AND 87-02. (ENCLOSED) THE FINDINGS OF FACT AND COURT DECISION OF NOVEMBER 19, 1987 IS ENCLOSED FOR YOUR INFORMATION. THE ELDERS TRIBAL COUNCIL OF ATMAUTLUAK CAN ONLY VIEW THE RECENT ARREST AND ARRAIGNMENT OF AMBROSE AGUCHAK WHO WAS RELEASED FROM YOUR CUSTODY ON APRIL 28, 1988 AS A GROSS VIOLATION OF HIS RIGHTS AS A YUPIC TRIBAL MEMBER. THE STATE AGENCIES AND AGENTS INVOLVED IN THIS HOSTILE ACT AGAINST AMBROSE AGUCHAK HAVE SUBJECTED THEMSELVES TO A CRIMINAL CAUSE OF ACTION BY AMBROSE AGUCHAK AND ARE IN DEFIANCE OF THE ATMAUTLUAK COURT DECISION ON NOVEMBER 19, 1987. IF YOU CAREFULLY REVIEW THE FINDINGS OF FACT AND DECISION ENCLOSED YOUR PROPER COURSE OF ACTION WOULD HAVE BEEN TO ARREST RON PERRY AND DELIVER HIM TO ATMAUTLUAK FOR ENFORCEMENT OF THE ATMAUTLUAK COURT DECISION. WE REALIZE THAT THE FEDERAL ATTORNEY'S FAILURE TO ACT IN THIS MATTER IS PUTTING UNDUE STRESS ON THE STATES ABILITY TO PROPERLY DISENGAGE FROM THESE VIOLENT ACTS OF THE STATE AGENCIES AGAINST THE SOVEREIGN YUPIC TRIBAL MEMBERS. COPIES OF THIS CORRESPONDENCE ARE BEING SENT OR DELIVERED TO THE FEDERAL ATTORNEY MICHAEL SPAAN IN ANCHORAGE, STATE OF ALASKA DISTRICT ATTORNEY HERBERT SOLL IN BETHEL, AND CRISTINA BACH OF THE INTERGOVERNMENTAL AFFAIRS OF THE h) PRESIDENT IN WASHINGTON D.C. FOR THEIR INFORMATION AND INVOLVEMENT IN POSSIBLE FUTURE COURSE OF ACTION ON BE HALF OF AMBROSE AGUCHAK AND EDWARD BERLIN. SINCERELY YOURS, ARTHUR JENKINS, JIMMY NICHOLAI, CARL WASKA TRADITIONAL ELDERS TRIBAL COURT, ATMAUTLUAK, ALASKA OCTOBER 3,1988 FINDINGS OF FACT AND DECISION OF ATMAUTLUAK TRADITIONAL ELDERS COURT THE COMPLAINT AGAINST JAMES JACOB OF ATMAUTLUAK ON A CHARGE OF RECKLESS DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL,THAT WAS SUBMITTED TO THE COUNCIL BY MAGISTRATE CRAIG R. MCMAHON ,DATED 09/16/88, WAS RECEIVED BY THE ATMAUTLUAK TRADITIONAL ELDERS COUNCIL SITING AS A COURT AT 4 PM OCT.3, 1988 IN THE ATMAUTLUAK COMMUNITY CENTER. THE ATMAUTLUAK TRADITIONAL ELDERS COURT AFTER HEARING THE TESTIMONY OF JAMES JACOB AND GIVING FULL CONSIDERATION TO THE RECOMMENDED SENTENCE OF MAGISTRATE MCMAHON, HAS DECIDED TO COUNCIL JAMES JACOB CONCERNING HIS DRINKING PROBLEM AND REQUIRE HIM TO PERFORM COMMUNITY SERVICE FOR THE TRIBE AS RECOMMENDED BY MAGISTRATE MCMAHON WITHIN THE TIME SPECIFIED BY HIS COMPLAINT. ANY FINES, RESTITUTION AND COUNCILING WILL BE IMPOSED BY THE TRIBE COMMENSURATE WITH JAMES JACOB'S COMPLIANCE TO THE CONTROL OF HIS ALCOHOL PROBLEMS. THE COURT FULLY UNDERSTANDS THE GRAVITY OF THE OFFENSE AND FULLY APPRECIATES THE CONCERN OF MAGISTRATE MC MAHON IN FOWARDING THIS COMPLAINT TO THE ATMAUTLUAK ELDERS COUNCIL AND HIS RECOMMENDATIONS TO SOLVE THESE PROBLEMS RELATED TO THE INFLUENCE OF BOOTLEG ALCOHOL IN THE MAMTERLEQEMIUT AREA. ATMAUTLUAK TRADITIONAL ELDES COURT ATMAUTLUAK TRADITIONAL TRIBAL COUNCIL ATMAUTLUAK ALASKA 99559 $907-553-5610 $JUNE 30, 1988 TO: JULIA ANDREW NAPAKIAK ALASKA 99634 FROM: ATMAUTLUAK ELDERS TRIBAL COURT ATMAUTLUAK ALASKA DEAR MS. ANDREW: THIS IS A SUMMONS FROM THE ATMAUTLUAK ELDERS TRIBAL COURT TO APPEAR BEFORE THE COURT ON JULY 11, 1988 AT 1PM, IN ATMAUTLUAK COMMUNITY BUILDING, TO ANSWER A h) COMPLAINT, BY ROBERT AYAGALARIA, CONCERNING YOUR CHARGES OF MISMANAGEMENT AND MISAPPROPRIATION OF FUNDS, REGARDING THE TRUST, IN BEHALF OF JASON AYAGALARIA, A MINOR, LIVING IN NAPAKIAK WITH HIS MATERNAL GRANDPARENTS, ISSAC AND MARY PAUL. THE ASSERTION OF JUDICAL JURISDICTION IN THIS TRIBAL MATTER IS MADE PURSUANT TO ATMAUTLUALK RESOLUTIONS 86-05 AND 87-02. SINCEREELY YOURS; CHARLIE NICHOLAI CHAIRMAN ATMAUTLUAK ELDERS COUNCIL STATEMENT THAT IS RETURNED WITH JURY NOTIFICATION ON CONSULTATION WITH THE TRADITIONAL ELDERS COUNCIL OF ATMAUTLUAK I HAVE BEEN ADVISED TO REFUSE JURY SERVICE IN STATE COURT PUSUANT TO ATMAUTLUAK RESOLUTION 86-05. AS A TRIBAL MEMBER I ONLY RECOGNIZE THE TRADITIONAL ELDERS COURT OF ATMAUTLUAK AS THE ONLY COURT OF COMPETENT JURISDICTION. IF YOU HAVE ANY DIFFICULTY UNDERSTANDING THIS YOU MAY CALL MORRIS MOCHIN,MOSES A. PAVILLA OR JOSHUA NICK MEMBERS OF THE ATMAUTLUAK TRADITIONAL ADMINISTRATIVE COUNCIL AT 553-5610 TO; JOHN P GUINN AVCP HOUSING AUTHORITY BOX 767 BETHEL ALASKA 99559 RE: AVCP HOUSING AUTHORITY HARRASMENT PLEASE BE INFORMED THAT ANY HARRASMENT BY THE AGENTS OF AVCP OR THE STATE OF ALASKA AGAINST ANY TRIBAL MEMBER OF ATMAUTLUAK IS IN DIRECT VIOLATION OF THE JUIRSDICTION OF THE SOVEREIGNTY OF THE ATMAUTLUAK TRADITIONAL TRIBAL COUNCIL. FUTURE COMPLAINTS AGAINST ANY TRIBAL MEMBER WITHIN THE SOVEREIGN/SUZERAIN JURISDICTION OF ATMAUTLUAK CAN ONLY BE VALIDATED BY TRIBAL CONSENT AND CAN ONLY BE ADJUDICATED IN TRIBAL COURT AWHICH IS THE ONLY RECOGNIZED COURT OF COMPETENCY WITHIN THE SOVEREIGN/SUZERAIN JURISDICTION AS OUTLINED IN ATMAUTLUAK TRIBAL RESOLUTION 86-05. CHARLIE NICHOLAI CHAIRMAN ATMAUTLUAK TRADITIONAL COUNCIL CC/ RONALD REAGAN / CHRISTINA BACH INTERGOVERNMENTAL OFFICE OF THE PRESIDENT WASHINGTON D.C. FEDERAL ATTORNEY MICHAEL SPAAN 701 C STREET ANCHORAGE, ALASKA  h)Ԍ FINDINGS OF FACT AND DECISION OF TRADITIONAL ELDERS COURT OF TUNUNAK CASE #01 CONCERNING COMPLAINT OF BERTHA KANRILAK AND DAVID KANRILAK AGAINST KIM OHMAN THE TRIBAL ELDERS OF TUNUNAK SITTING IN COUNCIL ON APRIL 8, 1988 CONVENED AS A TRIBAL COURT PURSUANT TO RESOLUTION #88-03, 88-05 AND 88-08 AT 10:30 AM IN THE PUBLIC SAFETY BUILDING IN ORDER TO REVIEW THE INFORMATION AND CONSIDER THE RECOMMENDATIONS OF STATE TROOPER ROBERT BATY CONCERNING THE COMPLAINT OF BERTHA KANRILAK AND DAVID KANRILAK,TRIBAL MEMBERS OF THE YUPIC COMMUNITY OF TUNUNAK,CHARGING KIM OHMAN OF PHYSICAL ASSAULT ON THIER PERSON. TROOPER BATY'S INFORMATION AND RECOMMENDATIONS WERE RECEIVED ALONG WITH OTHER EVIDENCE BROUGHT TO THE ATTENTION OF THE ELDERS BY OTHER TRIBAL MEMBERS OF THE YUPIC COMMUNITY OF TUNUNAK. THE DECISION OF THE ELDERS TRIBAL COURT OF TUNUNAK IS: THAT KIM OHMAN BE REMOVED FROM THE BIOREGIONAL JURISDICTION OF TUNUNAK AS DESCRIBED IN TUNUNAK RESOLUTION #88-02 AND THAT HE BE PLACED IN CUSTODY OF PROFFESIONAL COUNCILORS OF HIS OWN CULTURE TO RELIEVE THE RAGES THAT CONTRIBUTE TO HIS VIOLENT ASSAULTS AND FORCEFUL TRESPASS OF THE HUMAN RIGHTS OF BERTHA KANRILAK AND DAVID KANRILAK OF TUNUNAK. THE DECISION OF THE ELDERS ALSO RECOMMENDS THAT KIM OHMAN BE COUNCILED BY HIS OWN ELDERS AS HE HAS NOT RESPONDED TO THE COUNCILING OF THE YUPIC ELDERS OF TUNUNAK AND THAT HIS VIOLENT AGRESSIVE BEHAVIOR HAS DIRUPTED THE PEACE AND DIGNITY OF THE YUPIC TRIBAL COMMUNITY OF TUNUNAKK THAT WILL RESULT IN BODILY HARM OR FATAL INJURY TO HIMSELF AND/OR OTHERS. THIS DECISION IS NOW BEING FORWARDED TO THE FEDERAL ATTORNEY MICHAEL SPAAN LOCATED IN ANCHORAGE FOR ENFORCEMENT BY THE UNITED STATES MARSHAL AS PROVIDED UNDER CERTAIN ACTS OF CONGRESS , SO THAT THE PEACE AND DIGNITY OF THE YUPIC TRIBAL COMMUNITY OF TUNUNAK CAN BE RESTORED AND PRESERVED. THE DECISION OF THE TRADITIONAL ELDERS COURT IS FINAL AND WILL BE POSTED IN THE PUB LIC SAFETY OFFICE ALONG WITH THE TRIBAL RESOLUTIONS SO THAT THE VILLAGE PUBLIC SAFETY OFFICERS OF TUNUNAK CAN DISCHARGE THE FUNCTIONS OF THIER OFFICE IN PRESERVING THE PEACE AND SECURITY OF THE SOVEREIGN YUPIC TRIBAL COMMUNITY OF TUNUNAK. ORDERED THIS 8th DAY OF APRIL 1988 SIGNED BY THE TRADITIONAL ELDERS COUNCIL OF TUNUNAK ACTING AS JUDGES OF THE TRADITIONAL TRIBAL COURT OF TUNUNAK. NATIVE VILLAGE OF TUNUNAK TUNUNAK TRADITIONAL ELDERS TRIBAL COUNCIL %P.O. BOX 97  TUNUNAK ,ALASKA 99681 $(907)652-6312 h)Ԍ %JULY13,1988 FINDINGS AND DETERMINATIONS OF THE ELDERS COUNCIL OF THE NATIVE VILLAGE OF TUNUNAK, SITTING AS MEMBERS OF THE TRIBAL COURT OF TUNUNAK, TO HEAR COMPLAINTS BY JOHN WHITE, ANTHONY SUNNY, BENEDICT WHITE,PAUL PITKA, JAMES ALTSIK AND MOSES ABRAHAM,HERRING FISHERMEN OF NELSON ISLAND, CONCERNING WRITTEN COMPLAINTS BY STATE AGENTS CHARGING VIOLATIONS OF CLOSING TIME REGULATIONS IMPOSED BY THE STATE. SINCE THESE COMPLAINTS BY THE STATE AGENTS WERE NOT SUBMITED TO THE TRIBAL COURT AND SINCE THE TRIBAL COURT IS THE ONLY SOVEREIGN COURT OF COMPETENT JURISDICTION WITHIN THE AREA WHERE THE SUPPOSED OFFENCES OCCURED, THE FINDINGS OF THE TUNUNAK TRIBAL COURT IS THAT: THE STATE AND ITS AGENTS ARE REQUIRED TO REVIEW TUNUNAK TRIBAL RESOLUTIONS 88-01,88-02,88-03 AND RESOLUTION 88-05 IN ORDER THAT THEY MAY FOLLOW PROPER PROCEEDURES IN PROCESSING COMPLINTS AGAINST YUPIK TRIBAL MEMBERS WITHIN THE BIOREGIONAL AREA OF SOVEREIGN JURISDICTION AS DEFINED IN TUNUNAK TRIBAL RESOLUTION 88-02. THE ATTENTION OF THE STATE AND ITS AGENTS IS SPECIFICALLY DIRECTED TO TUNUNAK TRIBAL RESOLUTION 88-05. ALL THE ABOVE RESOLUTIONS ARE ENCLOSED. THE DECISION OF THE TUNUNAK ELDERS COUNCIL SITTING AS THE TRIBAL COURT ON JULY13,1988, AT 7:OO PM IN THE TUNUNAK PUBLIC SAFETY BUILDING IS THAT: ALL COMPLAINTS AGAINST THE NELSON ISLAND FISHERMEN JOHN WHITE, ANTHONY SUNNY,BENEDICT WHITE, PAUL PITKA, JAMES ALTSIK AND MOSES ABRAHAM,WHO HAVE APPEARED BEFORE THIS COURT, BE DISMISSED AND THAT ALL EQUIPMENT THAT WAS FOLLOW THE DIRECTIVES AS OUTLINED IN TUNUNAK TRIBAL RESOLUTIONS COURT WILL LOOK FAVORABLY ON A CAUSE OF ACTION BROUGHT BY THE ABOVE NELSON ISLAND FISHERMEN, AGAINST THE STATE AND ITS AGENTS, TO COMPENSATE THESE SEIZED BY THE STATE AND ITS AGENTS BE IMMEDIATELY RETURNED, AND; THAT THE FOLLOW THE DIRECTIVES AS OUTLINED IN TUNUNAK TRIBAL RESOLUTIONS 88-01,88-02,88-03 AND RESOLUTION 88-05. THE TUNUNAK TRIBAL COURT IN THE PROCESS OF ITS DELIBERATIONS HEARD THE TESTIMONIES OF JOHN WHITE , ANTHONY SUNNY, BENEDICT WHITE, PAUL PITKA, JAMES ALTSIK AND MOSES ABRAHAM WHICH WILL BE INCLUDED AS A SEPERATE PART OF THE RECORD. COPIES TO; FEDERAL ATTORNEY, MICHAEL SPAAN, ANCHORAGE ALASKA ATTORNEY GENERAL, GRACE BARGE SHAIBLE, JUNEAU ALASKA GOVERNOR STEVE COWPER, JUNEAU DEPARTMENT OF PUBLIC SAFETY JUNEAU AND BETHEL SUPERIOR AND MAGISTRATES COURT BETHEL NELSON ISLAND HERRING FISHERMEN,JOHN WHITE, ANTHONY SUNNY, BENEDICT WHITE, PAUL PITKA, JAMES ALTSIK AND MOSES ABRAHAM TRIBAL GOVERNMENTS OF THE YUKON KUSKOWIM DELTA