|
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. 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 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 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 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 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 |