In the Words of Former President William J. ClintonOf the United States of America

“This then is our first principle: respecting your values, your religions, your identity, and your sovereignty. This brings us to the second principle that your should guide our relationship: We must dramatically improve the Federal Government’s relationships with the tribe and become full partners with the tribal nation.

I don’t want there to be any mistake about our commitment to a stronger partnership between our people. Therefore, in a moment, I will also sign an historic Government directive that requires every executive department and agency of Government to take two simple steps: first, to remove all barriers that prevent them from working directly with tribal governments and, second, to make certain that if they take action affecting tribal trust resources, they consult with the tribal governments prior to that decision1”

In The Words of Former President George W. Bush Of the United States of America

“My administration will continue to work with tribal government on a sovereign to sovereign basis to provide Native Americans with new economic and educational opportunities. Indian education programs will remain a priority, so that no American child, including no Native American child, is left behind. We will protect and honor tribal sovereignty and help to stimulate economic development in reservation communities. We will work with the American Indians and Alaskan Natives to preserve their freedoms, as they practice their religion and culture.” “I call on all Americans to learn more about the history and heritage of the Native Peoples of this great land. Such actions reaffirm our appreciation and respect for their traditions and way of life and can help to preserve and important part of our culture for generations yet to come”2

In The Words of Barack Obama President of The United States of America

“While we cannot erase the scourges or broken promises of our past, we will move ahead together in writing a new, brighter chapter in our joint history3”

From the Executive Office of Paa Mumkak: Khamam “Bananu” A’aqab,

1 William J. Clinton, “Remarks to American Indian and Alaskan Native Tribal Leaders,” Apr. 29, 1994, 30 Weekly Compilation of Presidential Documents, No. 18, 941, 942, (May 9, 1994). A memorandum by the U.S. Department of Justice states that former President Clinton’s position “builds on the firmly established federal policy of self-determination for Indian Tribes” that has been supported by previous U.S. presidents, including former Presidents Bush and Reagan, U.S. Department of Justice, Office of Attorney General, Department of Justice Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes, June 1, 1995, at 2.2 On November 12, 2001 A.D., “I, President George W. Bush of the United States of America declared a National American Indian Heritage Month.3 Remarks by the President at the White House Tribal Nations Conference, Washington, D.C. Dec. 16, 2010

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Chief Black “Thunderbird” Eagle, Our Constitutionally Seated President and Head of the State of Nuwaupia, The United Nuwaupian Nation of the Yamassee Native American, Creek, Seminole,

Shushuni, Washitaw #215-1993 #208-1999 Sovereign Grand Commander H. E. Dr. Malachi Z. K. York 33°/720°

Declaring Independence to The World on June 26th 1992 H.A.

Presented to the United States Government Respectfully and in Good Faith by the Appointed Agent and Plenipotentiary of the Retained Sovereign Government of

The United Nuwaupian Nation, Ambassador Dr. Doosua York “Hawkeye” aka Dr. Damon Pryor for the preservation of the equal rights of our nation, our self-determination, self-preservation and protection of our autonomous indigenous peoples, our tribal members and in the interest of maintaining international peace,

security and principles enshrined in the Charter of United Nations, International Law Peremptory Norms enjoyed by All Self-Governing Nations.

The Following United States Governmental Officials of The Executive Branch, The United States Cabinet, Departments, Agencies and other States Organs Operating in the United States Official

Governmental Capacity are Hereby Upon This Communication Officially Placed on Notice of the Intent of The Government of The United Nuwaupian Nations and Order Enclosed,

The United States President: Barack Hussein ObamaThe United States Vice-President: Joseph R. Biden

The United States Department of State Secretary: Hillary Rodham ClintonThe United States Department of State Deputy Secretary: William J. Burns

The United States Department of Defense Secretary: Leon E. PanettaThe United States Department of Homeland Security Secretary: Janet Napolitano

The United States Department of Interior Secretary: Kenneth SalazarThe United States Department of Justice Attorney General: Eric Holder

The United States Department of Justice Deputy Attorney General: James ColeThe United States Department of Justice Associate Attorney General: Tony West The United States Department of Justice Solicitor General: Donald B. Verrilli Jr.

The United States Department of Justice AssistantAttorney General of the Office of Legal Policy: Christopher Schroeder

The United States Department of Justice Assistant Attorney General of the Office of Legal Counsel: Virginia A. Seitz

The United States Department of Justice Principle Deputy Assistant Attorney of the Office of Legal Counsel: Caroline Diane Krass

The United States Department of Justice Federal Bureau of Investigation Director: Robert S. Mueller, III

The United States Department of Justice Bureau of Prisons Director: Charles E. Samuels Jr.

EX PARTE LEGAL ORDER FOR RELEASE

IT IS HEREBY ORDERED that the retained sovereign internationally protected, constitutionally seated President and Head of State of The United Nuwaupian Nation known to the thirty-thousand Nuwaupian tribal members and nationals as Paa Mumkak: Khamam “Bananu” A’aqab, Chief: Black “Thunderbird” Eagle H. E. President Dr. Malachi Z. K. York™ 33/720 misnomer

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Dwight York4, be released Instanter, from the custody of the internal organ of the United States known as the Federal Bureau of Prisons for the facts declared herein,

I. For Violations of Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons

A. By the breaching of the United States obligation to protect and preserve the sovereign inalienable rights of an indigenous person and Head of State with a retained sovereign government de jure since its nations independence on June 26th 19925, the conduct of the United States governmental internal organ of the Federal Bureau of Investigation against President Dr. Malachi Z. K. York-El™ 33/720 misnomer Dwight York is contrary to the States international obligations as asserted in Article 1, Article 2 subparagraph (1) a., Article 1 (1) subparagraph b., of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, and therefore invokes international responsibility6.

Article 1."Internationally protected person" means, (a) A Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him...”

Article 2 (1) a. “a murder, kidnapping or other attack upon the person or liberty of a internationally protected person; (2) “Each State Party shall make these crimes punishable by appropriate penalties…”

Article 1 (1) b. “any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household.”

Statement of Facts

1. The United States unilaterally attributing to itself universal jurisdiction over the internal and local affairs of an indigenous autonomous nation/states government by declaring juridical authority to prosecute alleged crimes purportedly to have been committed by President Dr. Malachi Z. K. York-El™ 33/720, subsequently leading to an attack on his person, liberty

4 The Commonwealth of Massachusetts (DEPARTMENT OF PUBLIC HEALTH REGISTRY OF VITAL RECORD AND STATISTICS Register No.8523 issued a birth record as 2.full name of child: York 3. Sex: Male 4.If plural Births: 5. Born ALIVE or STILLBORN: alive 6. Date of Birth: June 26 1945, The Common Wealth of Massachusetts (STATE DEPARTMENT OF PUBLIC HEALTH) G 70486 Dated, April 23, 2009 states: This is to Certify that a search has been made of the records in this office for the birth of “Dwight D. York”, Throughout the records of the Common wealth for the years 1941-1950 and that said record has not been found. For further search you are respectfully referred to the clerk of the city or town where the event occurred.5 June 26th 1992 the date of The United Nuwaupian Nation of Yamassee Native American, Creek, Seminole, Washitaw declared independence and unanimously accepted its nations constitution as its complete authority under which Chief Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York was seated to govern the indigenous aborigine nation freely in exercising their right to self-determination, autonomy and self-government in matters relating to their internal and local affairs.6 Corfu Channel, Merits, Judgment, I.C.J. Reports 1949, p. 4, at p. 23.

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and official premises by forcibly kidnapping his person on May 8 th 20027, functioning as head of state under the constitution of the United Nuwaupian Nation, local and federal officials in the federated state of Georgia acting in their official capacity under the colour of their domestic law. The amount of physical force applied to his person8 and his travelling governmental personnel at the commencement of the crime is unacceptable and excessive force was unjustifiable. This violent attack while enjoying the international protection that President Dr. Malachi Z. K. York –El™ has attached to his office was violated and the confidence of that protection was subsequently shattered by these acts, his emotional, mental stability, and the physical suffering of a ten year kidnapping by organs of the United States proclaiming jurisdiction upon a sovereign indigenous head of State was unbeknown to him until May 8th 2002, knowing that there were no legal grounds of which such excessive use of force, torment and torture is unacceptable and no justification is applicable. These agents using the element of surprise broke the windows, drew guns aiming their weapons at the heads of the occupants of the vehicle including the President of the United Nuwaupian Nation while violently grabbing the personnel out of the vehicle illegally taking into their custody their persons for reasons unknown at the time, forced upon the ground in the hot scorching sun with cocked rifles to the head of President Dr. Malachi Z. K. York -El™ 33/720 he informed the agents of his sovereignty as head of State, international protection and diplomatic immunity that is attached to his office as well as the absent of the jurisdiction authorizing this arrest. The mental suffering Chief Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York -El™ 33/720 is experiencing even until this day is unacceptable and universally condemned in any juridical institutions recognizing the due course of justice by governing appropriate bodies of authority to carry that justice whether in national or international fora.

The facts of these international wrongful acts are established by way of this presented order, emphasizing the gravity of subjects President Dr. Malachi Z. K. York -El™ 33/720 attack upon his dignity and liberty, violating his rights protected under the convention of the Prevention and Punishment of Crimes Against Internationally Protected Persons, 1035 U.N.T.S 167, 13 I.L.M. 41, entered into force Feb. 20, 1977. The United States under the principles of International law governing state obligations cannot use the conformity to municipal law to preclude the conduct characterized as an internationally wrongful. International judicial decisions leave no doubt on that subject. This principle is affirmed many times:

“...it is certain that France cannot rely on her own legislation to limit the scope of her international obligations;”9

“...a State cannot adduce as against another State its own Constitution with a view to evading obligations incumbent upon it under international law or treaties in force.”10

The International Court of Justice has often applied this principle, and thus sounds the position of the United Nuwaupian Nations government claims against the United States that conforming

7 Refer to CIVIL ACTION NO. 5:03-CV-0392-3 (Referencing Criminal Case No. 5:02-CR-27-1, Questionnaire For Prisoners Proceedings Pro Se Under 42 U.S.C. §1983, pg. 11, sec; statement of claim, eyewitness to the kidnapping, arrest and torture of President Dr. Malachi Z. K. York (Elizabeth York-Westbrook)8Over 100 hundred law enforcement officers were used to arrest President Dr. Malachi Z. K. York -El™ 33/720 in a parking lot of a K-Mart Shopping Center in Milledgeville, Ga. 9 Free Zones of Upper Savoy and the District of Gex, Order of 6 December 1930, P.C.I.J., Series A, No. 24, p. 12; and ibid., Judgment, 1932, P.C.I.J., Series A/B, No. 46, p. 96, at p. 167.

10 Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory, Advisory Opinion, 1932, P.C.I.J., Series A/B, No. 44, p. 4.

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to its municipal law while simultaneously breaching its international obligations is contrary to what is required of it by to protect and prevent crimes against an internationally protected person and preserve the rights of indigenous peoples self-determination to have their constitutionally seated head of state amongst their nation governing the thirty-thousand nationals whose will it was of the people to vote President Dr. Malachi Z. K. York-El™ 33/720 as such, this doctrine is protected by peremptory norms of international law and principles.

B. By the breaching of the United States obligation to make the crimes committed against and crimes currently in commencement against President Dr. Malachi Z. K. York-El™ 33/720punishable by appropriate penalties, and by the United States not taking into account the grave nature of the crimes committed against President Dr. Malachi Z. K. York™ 33/720 is contrary to the States international obligations as asserted in Article 2, of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons and therefore invokes international responsibility.

Article 2) 2. “Each State Party shall make these crimes punishable by appropriate penalties, which take into account their grave nature”.

Statement of Facts

1. The United States as a party to this convention “having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation amongst States”.11 The United Nuwaupian Nation exist as a State of Nuwaupia de facto, according to Black’s Law Dictionary state is defined as: “The political system of body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such body of people<separation of church and state>. - Also termed political society. Cf NATION. According to Theodore D. Woolsey, Introduction to the Study of International Law.

“A STATE is a community of persons living within certain limits of territory12under permanent organization13 which aims to secure the prevalence of justice by self-imposed

11 UN General Assembly/Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons/February 20th, 197712 This state was named in honor of King George II of England. In 1730 James Oglethorpe formulated a plan to obtain the release of people from London's debtors' prison and to establish a new colony ignoring the indigenous peoples and tribal nations who are the rightful owners of the land of Altamaha entitled to them by the laws of nature. This confiscated land was to be inhabited by the "worthy poor" of London. In a Royal Charter signed on June 20, 1732, King George II granted illegal permission of settlement for the colony of Georgia violating the inalienable rights of the indigenous peoples committing heinous crimes characterized then and as “genocide”. In gratitude to their King George II, only the colony was named Georgia eventually the colonist made claims to all of the indigenous land of the Yamassee Native American, Seminole, Creek, and Washitaw mound builders. Legal Description of The Yamassee native American acquired indigenous territory by Chief Black Eagle on January 20, 1993 (in part): Tract A: AII that certain tract or parcel of land in Land Lot 231,390th G.M.D', Putnam County, Georgia, containing 176.13 acres.... Tract B: All that tract or parcel of land containing 200.716 acres, more or less, in the 390'h G.M.D. of Putnam County, Georgia, more particularly described as Tracts I and 2 in a deed from H. Grady Leverette, Jr. to Georgia Kraft Company dated December 22,1978,and recorded in Deed Book 4-Z, Page 282, Deed Records, Putnam County, Georgia13 Black’s Law Dictionary defines organization as: “A body of persons (such as a union or corporation) formed for a common purpose”. The United Nuwaupian Nation of Yamassee Native American, Creek, Seminole, Washitaw, indigenous sovereign peoples of America formed our government, declaring independence under our inalienable human rights for the purpose of the enjoyment of the right of self-determination, the right to autonomy and self-government freely to determine our political status with the principles of sovereignty attached to our qualifications of statehood as defined in the Montevideo Convention of the Rights and Duties of States, Article 1 “a. a permanent population; b. a defined territory;

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law14 the organ of the state by which its relations with other states are managed is the government.15”

The failure of the United States to make these crimes punishable by appropriate actions and take into account the grave nature of these crimes further commenced perpetual violations against President Dr. Malachi Z. K. York-El™ 33/720 by trying his person in their municipal courts and sentencing him to one-hundred and thirty five years. The gravity of these crimes has affected our nation irreparably and the injustices that they have caused are innumerable and too exhaustive to claim in one communication, considering each member of our various tribes, and thirty-thousand nationals individually and collectively has established claims, seek remedies and redress for violations as the kidnapping of their sitting Chief16 and President has violated their human rights, rights to cultural sovereignty by the United States impeding upon their indigenous cultural traditions practiced by the Yamassee Native

c. government; capacity to enter into relation with other states” 14 The U.N.N Constitution was agreed upon accepted by its thirty-thousand nationals of our union as the absolute rule of action, authority of our state and decision for all departments and officers of our government which it controls, drafted by Khamam “Bananu” A’aqab, Chief Black “Thunderbird” Eagle President Dr. Malachi Z. K. York-El™ 33/720under which he was seated as President on June 26 th

1992. 15 The U.N.N. governmental body at the hands of the U.S. judicial and municipal organ of the district court in Georgia, Macon division case No. 5:02-CR-27 (CAR), presided over by United States district Judge C. Ashley Royal, violated international law principles of sovereignty attached to our nation forcing our government into exile inter alia by an illegal land forfeiture proceeding in their municipal courts on July 28th 2004, by further aggravating itself unilateral jurisdiction, the use of force was used to carry out its decision by the local authorities forcing our thirty thousand nationals, men, women and children off of our territory, forcing assimilation into foreign lands denying the United Nuwaupian nation nationals the right to their cultural sovereignty and integrity, violating an unprecedented amount of human rights, natural right violations, breaching an innumerable amount of obligations to the international community, including erga onmes obligations, these intentional international wrongs invokes the United States international responsibility. 16 In the United States District Court for the Middle District of Georgia, Macon, Ga. in an open court on June 30th 2003 presiding judged before Judge Hugh Lawson and officers of the court of United States were made fully aware in their official capacity of their international obligations to President Dr. Malachi Z. K. York-El™ 33/720 by him declaring in Case No. 02-CR-27-1, pg. 4 line 15-12 Defendant: “With all due respect to your court and your government I’m sovereign; I’m Native American; I’m Indigenous; I’m on record as #215-1993. We’re recognized with the United Nations as a sovereign nation. I’m supposed to be put into the custody of my own tribe, the Yamassee Creek Cherokee, and held in their courts, which is the Morris Cherokee Creek Council (phonetic). This further dialogue placed on record by the self-appointed attorneys of Dr. Malachi Z. K. York-El™ 33/720Ed Garland and Manny Aurora of the Garland Law firm, on lines 12, pg. 9 Ed Garland states in part, Garland: “…we wish to place on record the caveat and objection to the proceedings of the court and that the defendant is a member of a sovereign nation under United States resolution 215-1993, (quote) READING The Declaration of the Rights of Indigenous People cited in E slash CN point 4 slash sub slash 1994 slash 2 slash edition point 1, 1994, page one which states recognizing the urgent need to respect and promote the indigenous rights and characteristics of indigenous peoples especially their lands…..” On page 30 line 9 respectively President Dr. Malachi Z. K. York asserts to the court again upon his own accord to direct the court and court officers authorized in their official capacity to oblige by its international obligations stating; the defendant: “All due respect to your government, your nation, and your court, we the indigenous people of this land have our own right, excepted sovereign, Yamassee Native American Creeks, Seminole, Washitaw Mound Builders. And all I’m asking the court to do is recognize that I am an indigenous person. Your court does not have jurisdiction over me, I should be transferred to Cherokee Council court in which I will get a trial by a jury of my peers, I cannot get a fair trial, your honor, if I’m getting tried by settlers or confederates, I have to be tried by Native Americans as a Native American. That’s my inalienable right and its on record….” Further noting his position on pg. 31, line 16, President Dr. Malachi Z. K. York known as defendant: “I don’t see why the court of the government, this government that is opposing our government, does not acknowledge my right to be tried as a Native American amongst my own people, this is, accepted by the government of the United States….”

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American, Creek, Seminole, Washitaw mound builders for thousands of years17, this distinctive custom of having a pure blooded Yamassee Chief18 heading their government protecting their spiritual practices and religious customs is their center of their spiritual existence. Instead of the United States finding ex proprio motu that indeed crime(s) has been committed and is currently being committed against the head of State of the United Nuwaupian Nation, the United States is continually allowing the crime of kidnapping to occur, by the detaining him in Florence, Co. ADX Max. Upon the facts herein additional attacks upon his official premises19 and means of transportation were committed. There is a current attack upon his liberty, person and integrity while currently imprisoned ipso facto. The attack upon his liberty, integrity and person has been factually verifiable, instigated initially by the corruptive and systematic abuses of authority by the law enforcement official

17 “Yamassee Native American, Creek, Seminole, Washitaw mound builders built extraordinary mounds that can be seen throughout America, these mounds are spiritual centers of the tribal religious practices and ceremonies that are of sacred nature to our Nation, specifically “Rock Eagle Mound” a symbol of the legend of Black “Thunderbird” Eagle is the oldest known effigy located on our traditional land of which we are, the builders of these mounds are the Yamassee Native Americans, who inhabited this area for thousands of years we built this mound 7,000 years ago, another effigy is “Rock Hawk Mound” located near Lake Oconee, off of Eatonton Sparta Highway 16. According to studies it is believed to have been constructed around 1374 B.C. It is also made of granite, which unlike “Rock Eagle” is native to the area” . “Ancient Mounds of Georgia and America,” We The People, December 2003 A.D; Volume 1 sec.1 pg.11. These mounds were built traditionally to sit and protect the Yamassee Native American chief’s and their families, and bloodlines from outer invasions and protect the matriarchal society of tribal governing mothers and elders from the beast that roamed our territories. These mounds were actually pyramids disguised with earth and stone. The knowledge of how to construct these mounds came from Ancient Uganda West Africa and Egypt. A replica of Ancient Egypt was built by the Yamassee Native Americans called “Egipt of the West” on “Nuwaupia” where we exercised our right of self-determination, autonomy governing our nation in accordance to our aspirations and needs, located at 404 Shady Dale Rd. where modern day mounds and religious sites were built duplicating our indigenous lands mounds in the middle of Georgia originally called Altamaha. Located strategically near a river named after one of our Native Yamassee chiefs Altamaha (path to Tama), an adopted name of third largest body of fresh water contributor to the Atlantic Ocean east of the Mississippi the Altamaha River is formed by the confluence of the Ocmulgee and Oconee rivers near Lumber City, Ga. These mounds were also built high for clear observation of our surrounding territories, as well as for ritualistic, religious ceremonies, burials, temples and residences bringing us closer our ancestors which guided our Chief Black “Thunderbird” Eagle back to our land in 1992 reclaiming what rightfully belongs to us, 30,000 Nuwaupian Nationals today.18 Chief Black “Thunderbird Eagle…“his mother is Mary C. York, tribal name Sun-flower Child (April 6th 1924- August 12, 2012), was the daughter of Leila Williams (maiden name Miller) A Yamassee, Massachusetts (Creole). Her family, are the Washitaw Native Americans who moved from Louisiana as Creoles and lived amongst the Geechees who are of the Creek Nation in Charleston, South Carolina. Leila was the daughter of Dwight Miller (Dancing Wolf), who was the son of Annie (Sun Beam), the Seminole wife of Ben York (Black Bear). Mary C. Williams married David P. York Sr. whose family is traced to Griffin, Ga. David P. York Sr. was also her second cousin. Then they moved to Boston Massachusetts. David P. York Sr. was the son of William York Sr. whose wife was Carrie Sanchez-York. William York Sr. was the son of Ben York and Massachusetts Native American woman of the Pequot Tribe named Nancy (Little Bird). Bobby Williams is Mary C. York’s father, and is an Egyptian Moor named Salah Hailak Al Ghalat, a merchant seaman from a little village called Belowia, in Nubia of Ancient Egypt. Now, Diane Fletcher, who is his great aunt she was a Yamassee, Kiowa, Native American who is also the sister to William York Sr. by Black Feather, a Yamassee Mandan Arikara, raised Chief Black “Thunderbird” Eagle. Ben York was the son of Warda Saliym Idriys (Rose) who was a Washo woman or of the Washitaw Tribe. Ben York was also the brother of Annimaree, the daughter of Ayimarieeya, the old empress of the Washo, Washitaw Tribe, whose empress is still alive today. Her name is Empress Verdiacee Tiara Washitaw Turner Goston El-Bey who is also part African. In her personal memoir that she wrote, titled: Return of the Ancient Ones, on page 197, she mentioned our Maku’s great grandfather, Ben York, as being the half-brother of the daughter of the Old Empress Ayimarieeya… We The People, December 2003 A.D; Volume 1 sec.1, pg. 9 cont. from pg. 419 On May 8th 2002 the official premises of the President Dr. Malachi Z. K. York-El ™ 33/720 located at 150 Mansfield Court in Athens, Ga. was attacked violently and raided taking into custody and detaining governmental personal (refer to affidavits :of Schuyler Wiggs and Thomas Chisolm) of the Executive

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Howard Richard Sills20 and his accomplices of the Putnam county Sheriffs Office conspiring upon the freedom, liberty and attack upon the inalienable rights of the self-determination of Dr. Malachi Z. K. York-El™ 33/720and the peoples of the United Nuwaupian Nation for over an 7 yr. period after taking office as Sheriff of Putnam County Ga. in 1996. The malice attacks; harassment and discriminative propaganda propagated through the United States media outlets incited racial and ethnic discrimination against President Dr. Malachi Z. K. York-El™ 33/720and the U.N.N in Georgia, surrounding communities eventually reaching nationwide platforms. The propaganda led to a patterned of abuses of authority and targeting by local officials statewide, particularly the surrounding counties21 of Putnam attaching their local juridical laws upon our sovereign nation disregarding our governmental laws and nations constitution, indigenous, human and collective rights, preserving our traditional customs and traditional land ownership and tenure systems. The false doctrines attached to the United Nuwaupian Nations personality eventually birthed a Federal Bureau investigation by an anonymous letter22 sent to Howard Richard Sills alleging child abuses, resulting in a multi-jurisdictional attack upon the United Nuwaupian Nation and President Dr. Malachi Z. K. York™ 33/720 resulting in the commencement of the crime of kidnapping because of its universal jurisdictional position. Whether dolus or culpa the conduct of these organs are incompatible with it’s obligation the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons and thus these violations are attributable to the United States under international law23 and must be remedied immediately in the form of release.

II. For the Violations of the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

Violations of the Universal Declaration of Human Rights

A. By the United States intentional acts of torture causing severe pain and suffering to the physical and mental body of President Dr. Malachi Z. K. York-El™ 33/720 33/720 misnomer Dwight York for such purposes of obtaining from him a false confession and punishing him for alleged acts24 deemed unlawful in

branch of the Presidents official residence for approximately eight hours for undisclosed and unlawful reasoning.20 Howard Richard Sills badge # 117 elected Sheriff of Putnam County Sheriffs office discriminative views of the culture, customs, religious practices and spiritual ceremonies of the indigenous peoples of the United Nuwaupian Nation was reflected in propaganda created by (??) which promoted and incited racial and ethnic discrimination against Nuwaupians in the most influential media forums across the United States. Referring to our Nation as a “suicide cult” “magic kingdom” “fanatics” and “hate group”(list). Violating our sovereignty claims. Once we acquired a portion of our indigenous land to he began abusing his authority and attached universal jurisdiction to his office by conspiring to successfully take position as a county building inspector for the sole purpose of applying unilateral jurisdiction to invade the sovereign land and property of our indigenous territories. 21 Officials of the following counties of Georgia and other organs acting in their official capacity participated in the kidnapping of President Dr. Malachi Z. K. York El™ 33/720, Baldwin County, Columbus County, Jones County, and the Department of Natural Resources, FBI and the U.S. Forestry.22 This anonymous letter allegedly sent to Howard Richard Sills was never produced or shown at any given time during any of the illegal proceedings against President Dr. Malachi Z. K. York -El™ 33/720in any of the United States municipal or Federal Courts.23This statement of facts was established in the Tellini case of 1923. The Council of the League of Nations referred to a Special Commission of Jurists certain questions arising from an incident between Italy and Greece, League of Nations, Official Journal, 4th Year, No. 11 (November 1923), p. 1349. In reply: “The responsibility of a State is only involved by the commission in its territory of a political crime against the persons of foreigners if the State has neglected to take all reasonable measures for the prevention of the crime and the pursuit, arrest and bringing to justice of the criminal.” League of Nations, Official Journal, 5th Year, No. 4 (April 1924), p. 524. See also the Janes case, UNRIAA, vol. IV (Sales No. 1951.V.1), p. 82 (1925)

24 In the United States District Court for The Middle District of Georgia Macon Division (Redact

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the United States municipal laws. These intentional wrongful acts of torture consented to by officials acting in their official capacity overcame his free will forcing him to accept a plea deal on January 23 rd 2003 in Georgia State court25 Violating his human rights and the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment of Punishment.

a. Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment of Punishment confirms in:

Article 1 1.) “For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”

b. The Universal Declaration of Human Rights confirms in :

Article 5, “No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment.”

Statement of Facts

1. President Dr. Malachi Z. K. York-El from May 8th, 2002 the time of his kidnapping, until present day has been a subject to torture in various forms in numerous United States housing facilities26 for prisoners across their federated states, the types of torture were witnessed and detailed in the forms of video27 and of affidavits28 by citizens of the United States as well as Nuwaupian nationals along with physical evidence as reflected in torture suits and complaints29 entered into the domestic courts of the United States requesting relief simultaneously placing the officers of the court on notice of these acts, including the various branches of the U.S. administration that either could have taken the appropriate measure to relieve him of these physical sufferings,30 mental anguish, and other cruel degrading

25 Dr. York Describes How He was Tortured into taking a Plea 3 min 55 sec November 14th 2007, http://www.youtube.com/watch?v=RGj6sdxQICc 26 Torture Suit Civil Action No. 5:03-CB-0392-3, First Amendment 1 to Document Filed on Nov. 24. 2003 PM 3:02 List of facilities President Dr. Malachi Z. K. York –El ™ 33/720 was housed in at the commencement of the torture, at the time of filing.27 Interview with Robert Daniels 10 min 7 sec. (Eye Witness to the Torture of President Dr. Malachi Z. K. York –El ™ 33/720) AhmoseKhamose, Oct. 10th 2007 http://www.youtube.com/watch?v=5HTp_0mRvEs YouTube video (Eye Witness to the Torture of President Dr. Malachi Z. K. York –El ™ 33/720), Interview with Dexter Thomas 9 min. 43 sec. (Eye Witness to the Torture of President Dr. Malachi Z. K. York –El ™ 33/720) AhmoseKhamose, Oct. 10, 2007 http://www.youtube.com/watch?v=6Efnl8Z-5Ik&feature=relmfu YouTube video, Interview with Gary Tatum 7 min 56 sec. (Eye Witness to the Torture of President Dr. Malachi Z. K. York –El ™ 33/720) AllEyesonEgyptTV, Nov. 17, 2008 http://www.youtube.com/watch?v=BqI0BVVK4ts YouTube Video 28 Affidavit of Elizabeth Westbrook (Witness to the torture of President Dr. Malachi Z. K. York –El ™ 33/720), March 22nd 2011, State of Ga. DeKalb County, Notary: Cherita Foy, commission expires Sept. 21, 2014, Affidavit of Terri Young, March 22nd 2011(Witness to the torture of President Dr. Malachi Z. K. York –El ™ 33/720), Affidavit of William Thompson M.D. Oct. 17, 2002(Witness to the torture of President Dr. Malachi Z. K. York –El ™ 33/720) State of Georgia, Baldwin County, Notary: Cassandra Montford-ford, commission expires April 7, 2003, Affidavit of Carlita R. Gonzales (Witness the torture of President Dr. Malachi Z. K. York –El ™ 33/720) December 20, 2007, State of Colorado, Notary Public Sam Su Highe, commission expires September 24th, 200929 Chief Black “Thunderbird” 17911-054; In the United States District Court for the Middle District of Georgia Macon Division, Civil Action No. 5:03-CV-0392-3,30 Refer to footnote 25

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punishment and treatment, or simply taken into account and considered the existence of a consistent pattern of gross, flagrant and mass violations the human rights of President Dr. Malachi Z. K. York-El™ 33/720 an example of the ten year acquiescence of torture by the United States is reflected in the following court proceedings on June 30th 200331 in part:

The Court: “You appear to have accepted Mr. Garland and Mr. Arora as your lawyers. They appeared with you back in January. And I remember I talked to you about your lawyers, did I not? And I asked you about your lawyers, did I not? And I asked you if they were your counsel—“

The Defendant: “Uh-huh” (affirmative)

The Court: “-- and to my recollection is that you responded, yes, they were. I asked you if you had had time to talk and confer with them, and I believe you told me that you had. I asked you if they had done everything that you wanted them to do as your counsel and you responded in the affirmative. I asked if you were satisfied with their services, and I believed you said that you were. Are all those things true?”

The Defendant: “I was under duress, sir. I had been locked down in the federal penitentiary with a—in a two-man cell with four men. I’m almost 60. I’m sleeping on the floor, rats, bugs---“

The Court: “Are you telling me then that the plea that you entered in January was an involuntary plea that you did not want to enter it?

The Defendant: “Sir, I repeated to counsel, with all due respect, that I was indigenous. They kept telling me, “Our courts ain’t going to recognize that, and you butt is in a sling, and you’re looking at a thousand years, and if you don’t think so”---

The Court: “Listen, I’ve got the part about your being indigenous, I understand your.“

The Defendant: “I’m glad. So you got---“

The Court: “--position on that.”

The Defendant: “So you got this blue-back?”

The Court: “No, let me ask you this. I’m trying to understand about your plea in January.”

The Defendant: “Right. I was under duress.”

The Court: “Was that an involuntary--- did you want to with enter that plea?”

The Defendant: “I was under duress.”

The Court: “Well, does that mean that it was an invalid plea?”

The Defendant: “No, it means that I was under duress. That means that after, after going…“

The Court: “Well, you made--“

The Defendant: “--after being tortured and given inhumane treatment and mental persuasion by officers of the court telling me that “If you don’t do this, your going get a thousand years, “I don’t think we could win this case, and then once I went before the court of Putnam County and I saw the circle of three and how they worked together—the Judge, the Sheriff, the D-A, and they was denying every one of our motion, regardless of what it was; like today, another motion, just

31 In the United States District Court for The Middle District of Georgia Macon Division, U.S.A. vs. Dwight D. York, a/k/a Malakai Z. York a/k/a Isa Muhammad a/k/a Isa Alihad Mahdi a/k/a Baba, Case No. 02-CR-27-1, June 30th 2003 1:35 Hearing before Judge Hugh Lawson,

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“bang”—they made it look like, sir, it was no way possible a human being was going to get a fair trial in this court. They made it look like a racial issue to me. “Listen, you’re basically a black man and you’re not going to get a fair trial in here.”

The Court: “I understand your position about that. Now, you said that the plea that you entered in January was under duress?”

The Defendant: “Yes, sir. I felt I was under duress.”

The Court: “It was forced?”

The Defendant: “No, I was under duress. I don’t want to go any further because I don’t want to add words.”

The Court: “I’ll just have to figure out what that means, but...”

The Defendant: “ Well, I’m quite sure you’re..,”

The Court: “My sense is that you didn’t want to do it”

The Defendant: “I’m quite sure you’re much more educated than I am and know...”

The Court: “I’m not sure about that at all.”

The Defendant: “…what “duress” means. I don’t want to go any further that what’s the legal jargon. The legal jargon is “under duress”

The Court: “Okay”

2. After review of this record and observing the officers of the court being given direct, immediate, and due notice by President Dr. Malachi Z. K. York -El™ 33/720 in an open court of judicial proceedings, operating in its official capacity to administer justice has and have an international obligation as a party to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment of Degrading Treatment or Punishment to take effective legislative, administrative, and judicial measures to prevent any further acts of torture that President Dr. Malachi Z. K. York-El™ 33/720 was being subject to since his kidnapping on May 8th 2002. The present record also indicates and constitutes complicity and acquiescence to the acts of torture by the officers of the court that were present at the proceeding on June 30th 2002 being given adequate notice by the defendant, substantiates the claims by the government of the United Nuwaupian Nation that international laws have been breached. The United States not taking immediate or effective measures in preventing further acts, acquiescencing assent by these officials present can only be concluded as fact, considering in accordance with Article II of Code of Conduct for Law Enforcement Officials indicate that “In the performance of duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human right of all persons”32 these internationally wrongful acts of the officers of these organs, entails international responsibility of the United States, their actions are incompatible to their international obligations33 considering that human rights are protected by several international instruments34 desiring to make more effective the struggle against torture and other cruel,

32 Adopted by General Assembly/Code of Conduct for Law Enforcement Officials/Dec. 17th, 1979/34/16933 Dickson Car Wheel Company (U.S.A.) v. United Mexican States, UNRIAA, vol. IV (Sales No. 1951.V.1), p. 669, at p. 678 (1931).

34 The Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights. The Declaration on the Elimination of All Forms of Racial Discrimination, the International Convention of the Elimination of All Forms of Racial Discrimination, the International Convention of the Suppression and

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inhuman or degrading treatment or punishment. Gross violations of the human rights of President Dr. Malachi Z. K. York-El™ 33/720 will be further sounded on the forthcoming additional acts of torture imputable to the United States put forth in this order.

3. On Nov. 24 2003 a Civil Action Pro Se proceeding Under 42 U.S.C §1983 was deposited in the Middle District of Georgia Macon Division filed against the following organs and officials of the U.S. by Chief Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York -El™ 33/720on the grounds of torture: F.B.I Special Agent: Jalane Ward, P.O. Box 13046, Macon, Ga. 31208; Special Agent: Joan Cronier, P.O. Box 98128, Atlanta, Ga. 30359; Asst. District Attorney: Dawn Baskin, Stephen Bradley, 824 Oak St. Suite 2, Eatonton, Ga. 31204; District Attorney: Fred Bright, 121 N. Wilkinson St., Milledgeville, Ga. 3106; U.S. District Attorney: Maxwell Woods, 433 Cherry St., Macon, Ga. 31202; Asst. District Attorney: Richard Moultrie, Stephanie Thacker, P.O. Box 1702, Macon, Ga. 31202; Magistrate Judge: Claude Hicks, P.O. Box 48, Macon, Ga. 31202; Special Prosecutor: Howard Richard Sills, Sheriff Dept. 111 Ridley Dr., Eatonton, Ga. 31024; Detectives: Tracey Bowen/ Noel Wilson, 111 Ridley Drive, Eatonton, Ga. 31024. This Civil Action deposited on Nov. 24 200335 claimed with sufficient evidence included along with legal affidavits attached provided substantial proof of the fact that President Dr. Malachi Z. K. York -El™ 33/720 was indeed being treated cruelly, inhumane and degraded at the time of the first 18 months of his incarceration. The initial kidnapping on May 8th 2002 had subsequently inflicted an enormous amount of mental anguish and physical pain upon Dr. Malachi Z. K. York-El™ 33/720 because of several factors including discrimination36 and abuse because of religious affiliation and the allegations attached to his person as well as moving him from facility to facility created a heightened sense of anxiety triggering37 his diagnosed medical condition Acute Hereditary Angio-Neurotic Edema (HANE). Official notices informing the B.O.P of President Dr. Malachi Z. K. York –El special medical needs were clearly communicated on several occasions38 by concerned parties having first hand knowledge of his intentional medical neglect39 and appropriate physicians working for the government of the United Nuwaupian

Punishment of the Crime of Apartheid, the Convention on the Prevention of the Crime of Genocide, the Standard Minimum Rules for the Treatment of Prisoners and the Vienna Convention on Consular Relations.35 In The United States District Court for The Middle District of Georgia Macon division: Questionnaire for Prisoner, Chief Black Thunderbird “Eagle” Proceeding Pro Se Under 42 U.S.C.§1983, Civil Action No. 5:03-CV-0392-336 Refer to footnote 32 above, sect. 4.1.5.5 “Forced to co-inhabit with inmates that have a religious and racial conflict of interest” Correctional officers of MCC New York facility housed him on 10 South located on the roof with his known enemies, Islamic militant extremist members, convicted of terrorism, murder and other violent crimes affiliated with the Sunni sect of Islam having complete knowledge of their assassination attempts on Dr. Malachi Z. K. York life for is religious beliefs and perspectives authoring books with objective views on Islam. Refer to: As Sayyid Al Imaam Isa Al Haadi Al Mahdi, Rebuttal to the Slanderers (AnsaaruAllah Community, 1998) 37 By placing President Dr. Malachi Z. K. York-El (refer to footnote 46) in a constant state of motion, from one facility to another, he was effectively cut off from his family (e.g. inability to receive mail due to the continuous movement and lack of a stable residence; denial of telephone privileges; extreme stress due to the seemingly random pattern of each succeeding transfer; and the burdensome knowledge of the constant hardship of worry from family members and tribal nation). Other factors of diesel therapy include housing in poor facilities – often county jails; housing with inmates outside of the inmate’s security designation – including dangerous offenders; and being awakened at 3:00 a.m. to be put on the bus or plane for his next designation.

38 Refer to footnote 36, 42 and 28.39 Concerned citizens of the United States: Jacklyn Gayle, 248 Tom Hill Sr. Boulevard. #151, Macon, Ga. 31210, Elizabeth York-Westbrook, P.O. Box 6769, Athens, Ga. 30604, J.S. Youngblood 173 Shady Dale Road, Eatonton, Ga. 31024; Diahann C. Stephens, 227 Rocksprings Homes, Athens, Ga. 30606; C. Abdullah, P.O. Box 6796, Macon Ga. 31208; Chavis Lipscomb, 2533 Fanning Oaks Drive, Winston-Salem, North Carolina, 27107; Ernst & Verna Cleophat, 3712B Wrightsboro Road, Augusta, Ga. 30909; Jay Davis, 1227 Augusta West Parkway, Augusta, Ga. 30909; S. Maria Flores, 233 Davis Road, Suite D,

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Nation that were experienced in treating the symptoms of Acute Hereditary Angio-Neurotic Edema (HANE)40, a life threatening blood condition that President Dr. Malachi Z. K. York -El™ 33/720 was diagnosed with in the year 2000. President Dr. Malachi Z. K. York private physician, Dr. William S. Thompson M.D., attempted to alert B.O.P of his condition41 by giving notice to Van Negron M.D.; Raiez, Health Administrator; Ratael Roman M.D., Clinical Director; the United States Marshal of Baldwin County, of the State of Georgia, and the Federal Probation Department for the United States Middle District Court of Macon Georgia, and other pharmacists and physicians in each Federal facility in which President Dr. Malachi Z. K. York had been detained at that time. His symptoms include: swelling of the throat that can cause asphyxiation, migraine headaches and extreme breakout of hives, nausea, seizures, which is triggered by stressful conditions. This filing addresses the earlier violations that had the United States addressed the claims of torture and abuse would through proper remedial procedure, administrative measures and proper investigation would have concluded that the most serious aspect of torture and cruel inhumane degrading treatment was the intentional neglect of his medical condition as reflected in the referenced filing. The medical neglect, surrounding the patterned systematic cruel treatment that President Dr. Malachi Z. K. York-El™ 33/720 has been subjected to through consent as well as omission by U.S. officials both are equally attributable to the United States and must immediately cease.42Through proper governance of the responsible organs and responsibility to its international obligation the findings through investigative remedial solutions would have relieved President Dr. Malachi Z. K. York-El™ 33/720 of these acts as reflected in the above-filed document.

4. Additional complaints filed by a private attorney43 seeking municipal remedies on the behalf of President Dr. Malachi Z. K. York-El™ 33/720 presenting the facts relating to gross medical neglect interpreted and defined in the municipal courts of the U.S. by attorney Leta Holden as patterned “deliberate indifference”44 behavior, however interpreted in international law as intentional torture and cruel and unusual punishment, the result of the “deliberate indifference” is agreed upon unanimously by the United Nuwaupian Nations government and the attorney in reference as well as thirty-thousand Nuwaupian Nationals, as having caused

Augusta, Ga. 30909, wrote the U.S. Department of Justice between the months of March-August of 2003, receiving a duplicated response in or around the first week of October 2003 from Regional Director R. E. Holt of the Justice Departments F.B.O.P40 The term “HANE” is used when discussing Hereditary Angioedema to promote consistency with the previously U.S. municipal, but it is recognized that Hereditary Angioedema or HAE is the more commonly used term. In the past, angioedema was referred to as “hereditary angioneurotic edema,” but has since been termed outdated by the medical profession, as it wrongly implied that the phenomenon was due to neurosis.

41 In a letter dated three days after President Dr. Malachi Z. K. York kidnapping on May 11, 2002, from Dr. William S. Thompson to Van Negron Medical Director of the B.O.P. of the success of certain drugs when treating HANE was noted by Plaintiff’s private physician: “Although Benadryl is used regularly by the patient to help prevent attacks, it has not been shown to prevent the several episodes of several attacks [President Dr. Malachi Z. K. York] has experienced.” Maintenance doses of Methyl testosterone and Hydroxyzine Pamoate are critical in correcting the effects of Abnormal C-1 esterase inhibitor, but most importantly, it is a must that the patient’s stress level be as limited as possible as well as well as the patient himself being regularly monitored for any signs of impending airway obstruction given the present level of stress under which he is subject to.

42 Case concerning the difference between New Zealand and France concerning the interpretation or application of two agreements concluded on 9 July 1986 between the two States and which related to the problems arising from the Rainbow Warrior affair, UNRIAA, vol. XX (Sales No. E/F.93.V.3), p. 215 (1990).

43 Civil Action No. 1:07-cv-01297-EWN-KLM filed in In the United States District Court for The District Court of Colorado on June 27th 2008 by Leta R. Holden, Esq., Holden Law Office, PLLC, 1330 Leyden Street, Suite 145, Denver, Colorado 8022044 supra. pg. 3, para. 4

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years of inflicted severe pain, both mental and physical45 upon the subject in reference President Dr. Malachi Z. K. York-El. The acts committed by the U.S. organs including but not limited to the B.O.P. by international law standards whether committed by omission or consent is characterized as a part of a series of composite wrongful acts. The initial kidnapping and torture of President Dr. Malachi Z. K. York-El™ 33/720 by the U.S. sufficiently constitutes a breach of several international obligations, the further series of actions, is defined as aggregate, the observed pattern of cruel treatment over a period of ten years can be expressed no more clearer than the victim himself, reflected in letters sent to his governmental body, and personnel46, family and friends. In view of the facts reflected herein, upon the kidnapping of President Dr. Malachi Z. K. York-El™ 33/720, May 11th 2002 when the U.S. was properly notified of his condition, an accurate diagnosis HANE was never conclusively established by the B.O.P47 Dr. Malachi Z. K. York-El™ 33/720 has been treated with disdain by B.O.P medical staff, his condition has went untreated for approximately ten years, causing intentional cruel and unusual punishment. His life has been placed in eminent danger as a result of the medical staff's deliberate acts of neglecting his medical needs characterized as degrading inhumane treatment. Adding to the suffering, President Dr. Malachi Z. K. York-El™ 33/720 being housed in facilities48 with convicted murderers and criminals49 who were sentenced to life terms and death sentences being labeled by the penal system of the United States as the highest level of threat to society, heightened his risk of injury50, as well as possible death and harm due to the criminal allegations and presumptuous of guilt attached to President Dr. Malachi Z. K. York-El™ 33/720. He has been locked down in solitary confinement 24 hours a day51 without human contact and interaction, being abused randomly

45 See footnote 2446 Civil Action No. 1:07-cv-01297-EWN-KLM filed in In the United States District Court for The District Court of Colorado on May 8th 2008, by Leta R. Holden, Esq., Holden Law Office, PLLC, 1330 Leyden Street, Suite 145, Denver, Colorado 80220, (Exhibit C-1, C-2, C-3, C-4, C-13)47 Refer to Admin Remedy Number 399669-F, from: Warden B.A. Bledsoe, date: 1-25-0648 USP Atlanta, Atlanta, Georgia, from May 8-9, 2002 to October 24, 2002; Clayton County Sheriff’s Department, from October 24, 2002 to December 13, 2002; Putnam County Sheriff’s Department, from October 25, 2002 to January 24, 2003; USP Atlanta, Atlanta, Georgia, from July 29, 2003 to August 14, 2003; MCC New York, Metropolitan Correctional Center, New York, New York from August 15, 2003 to October 17, 2003; FTC Oklahoma City, Federal Transfer Center, from October 17, 2003 to October 20, 2003; Jones County Sheriff’s Department, from October 20, 2003 to January 2004; Brunswick Federal Court House, Brunswick, Georgia, from approximately January 5, 2004 to January 23, 2004; Jones County Sheriff’s Department, from January 23, 2004 to August 18, 2004; FTC Oklahoma City, Federal Transfer Center, from August 18, 2004 to September 2, 2004; USP Leavenworth, Leavenworth, Kansas, from September 2, 2004 to November 19, 2004; FTC Oklahoma City, Federal Transfer Center, from November 19, 2004 to November 22, 2004; USP Marion, Marion, Illinois, from November 22, 2004 to February 21, 2006; FTC Oklahoma City, Federal Transfer Center, from February 21, 2006 to March 2, 2006; USP ADX, Florence, Colorado, from March 2, 2006 to present.

49According to the First United Nations Congress/the Prevention of Crime and the Treatment of Offenders/13 May 1977/ 2076 (LXII) Part I, General Rules of Application, Separation of Categories Article 8. “The different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus, (b) Untried prisoners shall be kept separate from convicted prisoners” From May 8th 2002 until January 2004 President Dr. Malachi Z. K. York -El™ 33/720 was subject to a total of 624 days of continuous life threatening occurrences outside of the good principle of institutional measures of applicability. Within the scope of the circumstances surrounding additional grave violations these conditions of being housed with murders and violent offenders subjecting President Dr. Malachi Z. K. York to immediate imminent danger indeed compounds the gross violations of his rights as to not to be subjected to mental suffering, this mental suffering came from additional life threatening circumstances and vicious attacks that left him defending and fighting for his life. 50 Because of the allegations attached to President Dr. Malachi Z. K. York -El™ 33/720 person attacks against him as occurred from inmates in various facilities causing physical injury, the attacks have been staged by several correctional officers.51 President Dr. Malachi Z. K. York -El™ 33/720 was and currently is confined under a “super-

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for the exercising of his right to his religious preference and affiliation and sovereign status as head of President of the United Nuwaupian Nation.52 There has been a ten-year time frame whereas the United States could have effectively taken administrative measure to prevent any further acts against President Dr. Malachi Z. K. York-El™ 33/720. The U.S. is in breach of its international obligation to make an immediate preliminary inquiry into the facts and this has not been done, the U.S. is bound by the Convention against Torture, these violations are insurmountable, and are confirmed to have been committed, they are not in conformity with what is required by that obligation. According to the rules of International Law, States cannot take refuge behind the notion that, according to the provisions of its internal law or to instructions which may have been given to its organs or agents, their actions or omissions ought not to have occurred or ought to have taken a different form. The modern rule is firmly established in this sense by international jurisprudence, State practice and the writings of

maximum security” regime. President Dr. Malachi Z. K. York -El™ 33/720 is kept in solitary confinement in a tiny cell (12 feet by 7 feet 4 inches is usual) for twenty-four hours per day.24 There is no congregate dining; no congregate exercise; no work opportunities; and no congregate religious services. President Dr. Malachi Z. K. York -El™ 33/720 conditions exist permanently, unlike the temporary lock-

down that occurs at almost every prison. President Dr. Malachi Z. K. York -El™ 33/720 furniture consists of a desk, stool and shelf, made of poured concrete; his bed is a thin mattress on top of a concrete slap. President Dr. Malachi Z. K. York -El™ meals are taken through a "food port" in the door of his cell. He is forced to eat, sleep, and defecate in his cell. The lighting in Plaintiff’s cell is designed to prohibit sunlight: a slit 3 inches wide and 3 feet long facing a wall or recreation yard and a florescent light strip provide the only illumination. His cell is sealed off with two steel doors, one barred, and the other solid steel. This steel and cement cage prohibits any communication between prisoners. Even contact with prison officials, including medical personnel, is limited, as personal assessments are conducted outside the cell door. For example, if and when Plaintiff is examined for facial swelling or laryngeal edemas, he is viewed from outside the first steel door, a distance of approximately 5 feet from the inside steel door.

52 The organ known as the B.O.P (Bureau of Prisons) documented response to President Dr. Malachi Z. K. York -El™ 33/720 request to be placed in a less secure unit known in Florence A.D.X. Super-Max as Intermediate (J) Unit, dated April 18, 2012 and signed by D.W. Stamper, Associate Warden was denied because of gross discrimination against his sovereign status, religious preference and title specifically stating within the document itself in part “Specifically you (Malachi Z. York) continue to demonstrate involvement as the leader (Chief, President) of the United Nation of Nuwaupians (misspelled Muwaubian). This demonstrates your compliance with institutional rules is solely due to the heightened controls and security procedures at ADX.” This statement reflects the United States position in this instance that non-compliance of the desires of ADX by President Dr. Malachi Z. K. York -El™ to distance himself from his religion, nationality, and title as “leader” of his “Nation” will not occur if he is placed in a less secure unit. Clearly the logic behind this policy is severely flawed and obviously blatantly discriminative, and severely mentally torturous. Human beings should never be forced to relinquish their natural rights, forced or intimidated under any circumstances to distance him or herself from their religious preference or nationality. It is also speculated that as a religious clergy “leader” or ‘Head of a Nation” somehow poses a risk to the institutions security, safety of the inmates and staff as stated by the Associate Warden in the document in reference. In order to participate in the step down program inmates have to develop a favorable rapport or behave in such a way that is “favorable” to the “staff” these staff will ensure your additional privileges in this organs prison facility. This document alone reflects a blatant attack upon his further limited, liberty and freedom, and discrimination by the B.O.P which according to this document expresses consent of the personal perspective of the “staffs” protection of fundamental rights to be solely a discretionary decision, and not a fundamental inalienable right inheritable by nature, no international law would agree that human rights is discretionary of discriminative judgment based upon the behavior of an inmate towards an official, not even an order from a superior officer may be invoked as a justification of torture, as reflected in Article 2 (3) of the Convention Against Torture “An order from a superior officer of a public authority may not be invoked as a justification of torture.” Human rights is grounded and solidified upon the fundamental rights inherited by all and protected under the valuable instruments protecting these rights in international law of which no abrogation is acceptable. This act itself is incompatible with the United States obligation to several international laws. The principles of sovereignty of which no derogation or intervention by a State is acceptable, this peremptory law protects him as head of

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jurists.53

5. Additional international wrongful acts attributable to the United States as it relates to President Dr. Malachi Z. K. York-El™ 33/720 in violation of the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment are as follows: On or about November 22, 2004, during President Dr. Malachi Z. K. York-El™ 33/720 transport to USP Marion and while attempting to disembark from the airplane as instructed by the guards, President Dr. Malachi Z. K. York-El™ 33/720 was aggressively approached by Officer Smith at the end of the aisle while he was still on board the airplane. President Dr. Malachi Z. K. York 33/720 who had been placed in both handcuffs and leg-irons, was caught off guard by the prison official. Officer Smith asked, “You’re York aren’t you...? You won’t be needing these.” Officer Smith reached up and removed his glasses from his face. As Dr. York screwed up his face, Officer Smith asked, “What’s that look for?” to which President Dr. Malachi Z. K. York-El™ 33/720 responded, “I cannot see without my glasses.” Officer Smith went on to threaten President Dr. Malachi Z. K. York-El™ 33/720, “we’ve got our eye on you.” Officer Smith gave no explanation as to why Dr. Malachi Z. K. York glasses were taken or when he would receive them back. The removal of Dr. Malachi Z. K. York-El™ 33/720 glasses by Officer Smith, during his transport to USP Marion and subsequent five-month period without the ability to see, Officer Smith B.O.P together with Officer Lyle, continued to disregard the substantial risk associated with HANE and Dr. York’s ability to see properly. It is unclear whether Dr. Malachi Z. K. York-El™ 33/720 eye strain (due to non-corrective vision) exacerbated him HAE or the eye swelling associated with HAE exacerbated Dr. Malachi Z. K. York-El™ 33/720 migraines, by affecting the ocular blood supply or the blood supply to the vision center in the brain. In addition to migraines, Dr. Malachi Z. K. York-El™ 33/720 has noticed a decrease in ability to concentrate while reading and watching television, leaving him with virtually no outlet. B.O.P records also illustrate that in a telephone conversation held on July 3, 2007, inquiries were made by Dr. Malachi Z. K. York-El™ 33/720, paralegals and Dr. Fred Bright with regard to an eye appointment54. According to the prescription issued by the Dr. Malachi Z. K. York-El™ 33/720 optician, he is considered to be legally blind without corrective lenses. Dr. Malachi Z. K. York-El™

State, his religious preference was used as a criteria for a judgment ultimately discriminating against him and violated his human rights, this denial consentingly subjected President Dr. Malachi Z. K. York -El™ to further mental suffering, intentionally inflicting mental and emotional pain. As it is an inalienable right for all humans including indigenous peoples to have a right to claim a nationality and religious preferences protected by international laws, this cruel punishment was done in an instigative manner denying Dr. York the ability to a less restrictive unit, it was a conditional statement that infringed upon his right in either instance whether it was to comply with the B.O.P. and distance his involvement with his nation and religion, or in the continuance of the free exercise of President Dr. Malachi Z. K. York -El™ rights as Chief and sovereignty subjecting him to limited liberty in the most restrictive unit punishing him further, both would have been a forced infringement of his rights and thus both equally unjustifiable.53 In point I of the request for information on State responsibility sent to States by the Preparatory Committee for the 1930 Hague Conference it was stated: “In particular, a State cannot escape its responsibility under international law, if such responsibility exists, by appealing to the provisions of its municipal law.”In their replies, States agreed expressly or implicitly with this principle (see League of Nations, Conference for the Codification of International Law, Bases of Discussion for the Conference drawn up by the Preparatory Committee, vol. III: Responsibility of States for Damage caused in their Territory to the Person or Property of Foreigners (document C.75.M.69.1929.V), p. 16). During the debate at the 1930 Hague Conference, States expressed general approval of the idea embodied in point I and the Third Committee of the Conference adopted article _ to the effect that “A State cannot avoid international responsibility by invoking the state of its municipal law” (document C.__1(c) M.1__(c).19_0.V; reproduced in Yearbook ... 1956, vol. II, p. ___, document A/CN._/96, annex _).

54 Document dated 6-14-07 (Exhibit #31 07-CV-1297) Symptoms, Diagnosis Treatment Organization, and Signed by Nafziger. M.D. on 6/15/07, and signed by R. Stallkanmp, RPH on 6/14/07

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33/720 condition has only worsened within ADX, considering the overwhelming indifference manifested by the B.O.P negligence and without the proper corrective lenses being afforded him or having them being confiscated again causing cruel and unusual punishment.

6. Dr. Malachi Z. K. York-El™ 33/720 has also suffered 5 years of excruciating severe pain by the intentional neglect by the B.O.P. to provide the proper dental care to Dr. York as required by “Standard Minimum Rules for the Treatment of Prisoners”55, requests were also made by and on behalf of Dr. Malachi Z. K. York-El™ 33/720 to receive dental care. As part of his Health Intake Assessment/History (BP-S360.060) dated March 2, 2006, he answers affirmatively that he is currently suffering pain located in his back tooth; currently has pain in teeth and mouth and that it is a dental emergency that he feels must be addressed immediately. The intake was conducted by Officer Nafziger according to Dr. Malachi Z. K. York-El™ Clinical Dental Record (BP–S618.060), dated September 13, 2004 indicates that Dr. Malachi Z. K. York-El™ last dental appointment took place while he was incarcerated at USP Leavenworth.56 During a telephone call with Officer Knox on or about March 31, 2008, attorney Leta R. Holder inquired as to when Dr. Malachi Z. K. York-El™ 33/720 dental appointment had been scheduled to avoid a conflict with his legal visit, similar to what happened on December 7, 2007. Officer Knox advised that he did not know the date of the upcoming dental appointment. While Dr. Malachi Z. K. York-El™ 33/720 has been awaiting the much needed dental care for nearly four years, he has suffered extreme pain from loose and infected teeth, which causes blood to seep from his gums, swelling on both the left side and right side of his face, and difficulty in sleeping and eating. Dr. Malachi Z. K. York-El™ 33/720 has resorted to removing the cotton from Q-tips and wadding pieces of toilet paper, soaking it in sensodyne toothpaste obtained from the commissary and stuffing it into each side of his mouth, on a daily basis. It is cruel, inhumane and degrading treatment that Dr. Malachi Z. K. York-El™ 33/720 is forced to learn how to chew with his tongue due to the conscious disregard for medical attention. Dr. Malachi Z. K. York-El™ 33/720 need for dental attention is so obvious that even a layperson would recognize it. On or about March 21, 2008, President Dr. Malachi Z. K. York-El™ sent a letter to Warden Wiley requesting immediate dental attention as he “can no longer take the pain.” 57 These cruel and unusual acts of punishment has multiplied over a time span of ten years, the administrative governing body of the U.S. has an obligation and is bound by the principles of “good faith” to carry out the duties that is required of it by international law standards. The basic rights of President Dr. Malachi Z. K. York-El™ 33/720 has seriously been violated with gross and systematic failures by the U.S. to fulfill its obligations.

These unlawful acts perpetrated by the organs of the United States done by act or omission is imputable to the U.S., who is a subject of International law. These violations violate its international obligation incumbent upon it under general international law, the quality of the acts in U.S. municipal law is juridically irrelevant, these acts exists and responsibility has arisen immediately from the commencement of the initial wrongful act.58 The government of the United

55 United Nations/ Standard Minimum Rules for the Treatment of Prisoners/August 30th 1955 also refer to footnote 25.

56 Document of Clinical Dental Record CDFRM, U.S. Department of Justice, Federal Bureau of Prisons, Dental Examination of Dr. Malachi Z. K. York-El™ 33/720 by Reid Stepmel, on D.D.S in USP Leavenworth, Health Services 1300 Metropolitan Leavenworth, K.S. 66048 on 9-13-04.57 Letter date to Medical Department: written by Dr. Malachi Z. K. York-El™ 33/720 known as Inmate: Malachi Z. York misnomer Dwight York, “Dear Doctor, I have suffered great pain for a long time with my teeth I really need to be seen by a dentist to have some removed if he/she thinks that is best. I have tried many times before but I can no longer take the pain I can’t chew, or sleep at night so I ask please may I be seen by a doctor? Thank you very much” sent out 3/21/08, cc: Leta Holden58 Moreover, once an unlawful act is committed, it acquires an existence independent of the obligations, which it has violated (see ICJ: Ambatielos (1952), D.O. by Sir A.D. McNair, ICJ Reports 1952, p. 28, at p. 63).

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States should restore the status quo ante, that is, re-establish the situation that existed before the kidnapping of, proceedings against, conviction and sentencing of the President Dr. Malachi Z. K. York-El™ 33/720 in violation of the United States international obligations.

III. Violations of The United Nuwaupian Nation of Yamassee Native American, Seminole, Shushuni, Washitaw mound builders #215-1993 #208-1998, rights as Protected in the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty59 and the Violations of the Declaration on the Granting of Independence to Colonial Countries and Peoples60

A. By the United States violating the principles of non-intervention has threatened the United Nuwaupian Nations rights of independence and sovereignty by the intervening in our internal affairs using armed intervention and force to subject the United Nuwaupian Nation and President Dr. Malachi Z. K. York-El™ 33/720 to their jurisdiction as a means to confiscate indigenous territories, depriving thirty thousand nationals of their national identity constituting a gross violation of their inalienable human rights.

a. Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty affirms:

Article 1. “No state has the right to intervene, directly or indirectly, for any reason whatsoever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are condemned.”

Article 3. “The use of force to deprive peoples of their national identity constitutes a violation of their inalienable rights and of the principle of non-intervention”.

Article 4. “The strict observance of these obligations is an essential condition to ensure that nations live together in peace with one another, since the practice of any form of intervention not only violates the spirit and letter of the Charter of the United Nations but also leads to the creation of situations which threaten international peace and security.”

Article 6. “All States shall respect the right of self-determination and independence of peoples and nations, to be freely exercised without any foreign pressure, and with absolute respect for human rights and fundamental freedoms. Consequently, all States shall contribute to the complete elimination of racial discrimination and colonialism in all forms and manifestations.”

b. Violations of the Declaration on the Granting of Independence to Colonial Countries and Peoples affirms:

Article 1, “The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.”

Article 2, “All peoples have the right to self-determination by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development”.

59 General Assembly/Declaration of the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty/December 21, 1965//20/213160 General Assembly/Declaration on the Granting of Independence to Colonial Countries and Peoples/December 14th, 1960/1514/(XV)

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Article 6, “Any attempt aimed at the partial or total disruption of the national unity an the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.”

Statement of Facts

1. The facts reflected herein will upon proper inquiry and investigation amount to an acknowledgement of a gross violation of rights and the systematic encroachment of land, territories, attempted destruction and successful colonization of the indigenous peoples existing on the geographic land mass known as North America. To specify the indigenous group of people referred to relevant to this order is the Yamassee Native Americans61 and various tribes62 of the United Nuwaupian Nation existing in the “State of Nuwaupia”63 for

61 In letters written to a newspaper of the time (1858), known as the Montgomery Mail. The letter of the late Col. Pickett, to which Gen. Woodward make frequent allusion in the foregoing pages. A valuable letter from Mr. Klink, of Tennessee, is inserted, and there are added several letters lately received from Gen. Woodward, himself. Eds. Mail: “… I passed a night at the house of Mr. Stephen Richards, in Wes Florida, who was an interpreter during the Seminole war, and had passed much of his life among he Indians. He gives the same account, substantially, of the migration of the Indians from west of the Mississippi that General Woodward does. I think he locates the Yemassee—I write from memory—in the Middle and Eastern portion of Florida, and says they were occupying the country when the Creeks came. He describes the Yemassee as having dark skins, coarse hair, thick lips and flat feet, and as having inferior implements of war to the Creeks”. Congressional Record of Yamassee Description, Hearing Before the Industrial Commission United States Congressional serial set, Issue 4340 “A most peculiar thing is the Quatrefages in this book on the human race asserts the fact that the Africans lived on the on the islands long before the discovery of America by Christopher Columbus. He is the high authority, and he says the Yamassee Indians were Negroes what were known afterwards as the fiercest of the Indian tribes of the South the well-known Indians of the South were Africans”. Q. (By Mr. Phillips) “Is it fact that they were much darker than the other Indians?” A. —“Yes, it is a fact”. Q. “And the hair was different, too?” —A. “So it is stated by the one of the most distinguished ethnologists in the world. Another corroborative proof is that the Spaniards found that 1 Negro was equal to ten Indians for work, and they therefore imported these Indian Negroes and carried them to the West Indians to experiment with.”62 The United Nuwaupian Nation nationals consist of various tribes and mixtures, Seminole, Shushuni, Creek, Washitaw mound builders, we kept sacred our bloodline pure, being known historically as one of the only tribal dark-skinned nation that refused to mix as to not relinquish our unique cultural identities and description of dark-skinned wooly-haired aborigines. Our refusal to foreign ideology, practices, and subjection to further slavery inter-alia led to the Yamassee uprising in South Carolina and Georgia in 1715 becoming known as the Yamassee War.63 The Declaration of the United Nuwaupian Nation of June 26th 1992, reflects the facts herein, The Native Americans of Yamassee, Creek, Seminole, Washitaw, always had indigenous languages and advanced communicative systems. “Nuwaup-u” or Nuwaupians is our nationality before the invaders (Europeans) came here and the thirty thousand Nuwaupian Nationals have the right to claim what is ours, and the meaning of our name sits with our nations tribes and families. “Nuwaupia” is the state and condition of our existence; we have a land illegally confiscated again by the State of Georgia called “ Nuwaupia”, our language is called “Nuwaupu-yee”, and we are an indigenous nation governed by our own governmental body of laws, and constitution under which we sat our President Dr. Malachi Z. K. York-El™ 33/720. We have a Nations Flag, a Tribal Flag, National Mascot, our Sacred Bird: “Bananu”, Nations Flower: “Lotus: The sacred Egiptian Lotus Flower has rich symbolism. Lotus flowers have a serene beauty and the ability to blossom in even the murkiest of waters. Lotus seeds powerful, vital force, has been found to last for thousands of years, fully retaining their ability to germinate -- a fitting metaphor for how we (The Nuwaupian Nation) often find ourselves experiencing renewal after enduring the worst of situations.”

Our nation of Nuwaupians have retained our sovereignty since June 26 th, 1992 and we refused to assimilate into a society that has abused, raped, robbed, encroached and colonized upon us, all in the name of the doctrine of “Manifest Destiny” and other discriminative racist superior ideologies as such, holding that the United States was destined to expand from coast to coast on the American continent, which resulted in the policy of Native American and Indian removal (refer to Indian Removal Act of 1830, signed into law by President Andrew Jackson), our inalienable rights are reserved of which we refuse to relinquish, and under no circumstances is the infringement of our rights to independence and sovereignty justifiable or

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thousands of years in the southeastern area of what is now known as Georgia64 a confederated state of the United States.65 The indigenous peoples were continuously under attack by the European settlers that gained a charter to establish their state66 or condition of living, on the eastern coast of our land, which the Yamassee allowed them settlement.67 Our indigenous land was known as Altamaha or Tama of which on January 19 th 1992 Maku: Khamam “Bananu” A’aqab, Chief: Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York-El™ 33/720 and the United Nuwaupian Nation re-acquired a 476 acre portion of land of our indigenous ancestors, family members of various descendants of Native American tribes of the bloodline of Nuwaupians. Relocating from their indigenous lands in the northern regions known as “Jazir Abba” the “Shushuni Nubian Tribes”68 in the city of Liberty, upstate New York of the Appalachian Mountains area renamed by the early confederate settlers Sullivan County69 in the State of New York where the native indigenous tribes yielded to the confederate settlement in exchange of the signatures of peace treaties, land agreements, or fair and just compensation, allowing them to establish their government in portions of the area that became known eventually as the State of New York. The grantor of the deed to Maku: Khamam “Bananu” A’aqab, Chief: Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York-El™ 33/720 misnomer Dwight York70 and the United Nuwaupian Nation was Arne Chr. Lassen and Sandra Gay Lassen71. On June 26th1992 upon the celebration of our Presidents day and gathering on our indigenous tribal land the nationals participated in a plebiscitary process to prop up our

acceptable.

64 Refer to: Cultural Area Boundary Map: Reproduced from the Collections of the Geography and Map division of the National Archives Building, Washington, D.C.65 Georgia was one of the original 13 colonies to take part in the formation of the union. It became a state (achieved statehood) when it became the fourth state to approve (ratify) the United States Constitution on January 2, 1788.66 This state was named in honor of King George II of England. In 1730 James Oglethorpe formulated a plan to obtain the release of people from London's debtors' prison and to establish a new colony infringing upon the inalienable rights of the indigenous peoples and tribal nations whom are the rightful owners of the land of Altamaha entitled to them by the laws of nature. This confiscated land was to be inhabited by the "worthy poor" of London, actually deemed a social experiment. In a Royal Charter signed on June 20, 1732, King George II granted illegal permission for the colony of Georgia violating the inalienable rights of the indigenous peoples committing heinous crimes against them characterized today as “genocide” all for the purpose of land encroachments and Native American removal and enslavement. 67 Approximately 24 miles inland from the Atlantic to the Altamaha and Savannah rivers, thirteen parishes were called, St. Mary Parish, St. Thomas Parish, St. Patrick Parish, St. Andrew Parrish, St. John Parish, St. Philip Parish, Christ Church Parish, St. Matthews Parish, St. George Parish and a ceded lands area. Refer to the Map of Colonial Georgia 1773-1777 by Marion Hemperley 1979, reprinted 1996 by Lewis A. Massey Secretary of State. Refer to diagram one “1780-1790, “Southeastern Indian Land Cession (1780-1840), Division of Maps, July 31, 1941 Library of Congress, Reproduced from the Collection of The Geography and Map Division, National Archives Building, Washington, D. C.68 “This name York tied him directly into the Native American bloodline of a great nation named Ben York, Son of Old York, a descendant of the Yamassee Native American, with Moorish Malian Family, Ben York also married a Shoshoni woman named Sacajawea, thus you have the “Shusuni Nubian Tribes” Dr. Malachi Z. K. York-El, Lets Set the Record Straight (Eatonton, Ga., Tama-Re publishing 1998) pg.10-11.69 When the new county was finally chiseled out of the southwestern corner of Ulster County and chartered in 1809, it was named for General John Sullivan, the Revolutionary War officer who had been directed by George Washington to drive the Mohawks and Tories who had fought for their indigenous lands confiscated by settlers and European land encroachers along the frontier out of the region.70 Refer to footnote 171 Warranty Deed (Short): TICOR TITLE INSURANCE, Atlanta, Ga. 179. State of: Georgia, County: Putnam. #179 “…between Arne Chr. Lassen and Sandra Gay Lassen (“Grantor”)…and Maku: Khamam “Bananu” A’aqab, Chief: Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York-El™ 33/720 misnomer Dwight York.

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government determine autonomy,72 of the United Nuwaupian Nation and constitutionally73 vote our currently seated President, Dr. Malachi Z. K. York-El™ 33/720 in office in his official capacity to head our Nation, freely enjoying the fulfillment of self-determination, sovereign equality, restoring our cultural traditions as mound and pyramid builders, practicing our ancient cultural traditions in our “State of Nuwaupia”74 as any peace loving nation of people accepting the obligation of the United Nations Charter as a non-member state75 to respect the principle of equal rights in accordance with the Charter. The United Nuwaupian Nation enjoyed the protection of the principles of non-intervention of States into our internal and external affairs, completely free of colonialism76, until a Putnam county Sheriff Howard Richard Sills77 operating in his official capacity wrote correspondence to the Putnam County Board of Commissioners in the State of Georgia, requesting to become the code enforcer to enforce and subjugate domestic law codes upon the United Nuwaupian Nation territories. On March 18th 1998 Sheriff Sills used his official capacity to violate the rights of our sovereign state and territory by having Officer Lewis Brown and Fire Marshall John Yearwood use armed force to gain entrance onto Yamassee Native American territory threatening our social system and development attempting to colonize against our nation, these acts occurred on 404 Shady Rd. Tama-Re (Egipt of the West)78 attempting to force our government to comply and subjugate our nation to the laws of the State of Georgia.79 On April 8, 16, and the 20th of 1998

72 United Nation/Declaration of the Rights of Indigenous Peoples/September 13 th 2007/61/294 Article 4, “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs as well as ways and means for financing their autonomous functions”.73 The Constitution of U.N.N., An “Indigenous Peoples” Drafted By: Maku: “Chief Black Eagle” of the Yamassee Tribe of Native Americans, Seminole, Creek, Shushuni, Washita Mound Builders Known as Malachi Z. York –El of The United Nuwaupian Nation: Our President And Supreme Grandmaster H. E. Dr. Malachi Z. K. York-El June 26th 1992. Warning: This Constitution Is The Constitution Of The “United Nuwaupian Nation” (U.N.N.) And Was Drafted For The “Indigenous Peoples Of The Yamassee Tribe Of Native Americans, United Nuwaupian Nation, Guided By The Supreme Grand Master Nayya: Malachi Zodoq York-El, Maku, “Chief” Of The United Nuwaupian Nation, Today The Title Maku Is Mispronounced As Miku Or Miko (page 1). Also refer to footnote 11.74 Refer to footnote 1075 U.N. Charter, Article 6, “The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security”76 General Assembly/Declaration of the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty/December 21, 1965//20/2131 “Mindful that violation of the principle of non-intervention poses a threat to the independence, freedom, and normal political, economic, social and cultural development of countries, particularly those which have freed themselves from colonialism, and can pose a serious threat to the maintenance of peace…”77 Loyalty Oath: State of Georgia County of Putnam. I Howard R. Sills (name) a citizen of the United States of America and being an employee of Putnam County and the recipient of public funds for services rendered as such employee, do hereby solemnly swear and affirm that I will support the Constitution of the United Sates and the Constitution of Georgia. Sworn to and subscribed before John Lee Parrott, Judge of Superior Courts, Ocmulgee Judicial Circuit on December 30th, 1996.78 Built and resurrected under the guidance of our President and Chief Black “Thunderbird” Eagle, “Egipt of the West” became known to the world as the Golden city, Wahanee, the development of our nation became the most discussed topic in the southeastern part of America, built by the Yamassee Native Americans, Creek Shushuni and Seminole tribes, on their indigenous territory the illustrious city was an attraction to thousands of people worldwide, the theme parks and cultural development and experiences, religious ceremonies and fraternal orders was appreciated, joined and participated in by the thousands of people from all walks of life, races, creeds and religious background. Our social structures and religious temples were resurrected over a period of ten years with economical development that support our autonomous functions. Our educational systems and governmental functions were based on the principles of equality in the pursuit of happiness and freedom. Thirty-thousand Nuwaupian nationals of Yamassee, Creek, Shushuni, Washitaw tribes enjoyed the right to claim of their nationality without the threat of discrimination nor the threat of the intervention of our internal or external affairs.79 While intervening in our domestic affairs applying universal jurisdiction of the Yamassee Native Americans, the intent of Howard Richard Sills was to issue citations of violations for the sale of alcohol in

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they attempted to justify their forced armed intervention by pursuing a municipal court hearing80, attaching jurisdiction to falsified allegations of the U.N.N violating the State of Georgia code violations of the sale of alcohol in a Social Club known as “Rameses II Social Club” which was subsequently proven false in their courts.81 This was the U.S. initial attempt in intervening directly into the domestic affairs of the United Nuwaupian Nation; this breach of its obligation to refrain from the use of force became a patterned subversive approach in addressing the Yamassee Native American government in order to obtain subordination of the exercise of our sovereign rights.

2. On April 20, 1998 A.D. Sheriff Howard Richard Sills operating in his official capacity as a Sheriff in a State of Georgia governmental vehicle82 forced entry onto the territory of the United Nuwaupian Nation to illegally remove an electric meter from the premises of the sovereign territory of the United Nuwaupian Nation of Yamassee Native American, Seminole, Creek, Washita mound builders committing composite wrongful acts of forced entry and intervention with the intent of denying the right of the Nuwaupian Nation of their means of financing our autonomous functions, while pursuing economic developmental83 resources for in violation of his States internal law and international law, by committing theft by illegally and unauthorized84 confiscation of an “Electric Meter” that transferred electric power from a outside company servicing electric power to the hundreds of homes, religious facilities, nurseries and other buildings on Yamassee Native American territory leaving hundreds of tribal members families, children and elders without sufficient power to operate or function in our collective right to live and maintain daily functions of comfortable living, this suffering of cruel and unusual punishment lasted for four months from the time of commencement on April 20th until August 25th 1998 A.D. In or about April 25th 1998, Magistrate Judge Sylvia Huskins “Suggested the Electricity to Rameses II Social Club be terminated85” Howard Richard Sills requested to the Putnam County Attorney, Mrs. Dorothy Jean Adams, and the Putnam County Commissioners to forcefully close our social and cultural institutions, and shut off all power to our states territory and lands, he was vehemently denied by the states board of commission based on the threat of a lawsuit.86 Disregarding and disrespecting all inalienable rights of the conventions, declarations, principles and peremptory norms that protect sovereign nations and peoples. This attempted threat all resulting from the harassment and discriminative attacks propagated and acted upon by Howard Richard Sills using and abusing his official capacity to cloak and justify gross rights violations under his official status. This act was blatantly discriminative by virtue of several facts particularly that they were committed outside the scope of even Sheriff Howard Richard Sills’ law enforcement capacity of the State in which he took oath and loyalty to leaving no room to justify the intent, the goal intended behind the racial discrimination manifest itself in the forthcoming wrongful acts. The intent was apparent by the multiple attempts in composited acts, eventually to succeed in securing the largest use of foreign armed forced raid of sovereign Yamassee Native American, Creek,

a social club used for social events, lectures and entertainment of the nations members and tribal family, friends and visitors. 80 Putnam County vs. Victor Greig- Rameses Social Club (Citation #0136)81 Case #CV136-5 Sheriff Sills vs. Victor Grieg, in Putnam County Magistrate Court with Judge Sylvia Huskins, Fire Safety Compliance Officer Lewis Brown stated “I Inquired as to if they served alcohol or not and they told me they did not and I saw no evidence of it….”82 Baldwin County Georgia Sheriff vehicle, black Crown Victoria, unmarked car, License Plate #258ERK83 General Assembly/Declaration on the Rights of Indigenous Peoples/September 13 th 2007/295, Article 3 “Indigenous Peoples, have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development” Article 4 “Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relation to their internal and local affairs, as well as ways and means for financing their autonomous functions.84 Mr. Chuck Lynette, the Chief Operator of the Tri-County Electric Company, located in Gray, Ga. at the time was the only authorized person to officially disconnect a power source for the electric company.85 “Is The $45,750 Fine In Eatonton, Georgia legal or not?” (Tama-re Enterprises, 1999)86 The Union-Recorder, May 7th 1998 A.D., Milledgeville, Ga.

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Seminole, Shushuni, territory in the history of the United States, depriving 30,000 Nuwaupian National tribal members of their national and cultural identity, violating the principles of non-intervention upon sovereign indigenous territory massing in gross violations of the inalienable rights of the State of Nuwaupians, Nuwaupia, stifling the development of the United Nuwaupian Nation. This malice wrongful act in the abuse of Sherriff Howard Richard Sills authority as a law enforcement official is clearly contrary to the profession as a law enforcement officials87 defined in international law and has injured our state. These acts committed by this agent being imputable to the U.S., is contrary to the obligations it has to the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty and thus invokes the U.S. international responsibility, a state being responsible for the conduct of its own organs acting in that capacity, has long been recognized in international juridical decision. In the Moses Case for example, a decision of Mexico-United States Mixed Commission, Umpire Lieber said: “An officer or person in authority represents “pro tanto” his government, which in an international sense is the aggregated of all officers and men in authority”88

3. On May 6th 1998 Sheriff Howard Sills ordered a Putnam County service official David Hester working in his official capacity to the Nuwaupian Nations territory padlock, bolt, and close “Rameses Social Club”, a community and national social gathering building replicating the ancient great temple of Rameses II temple89 of Egiptian architectural design. This building was built on sovereign land for the useful purposes of the participation in our indigenous social cultural gatherings, entertainment enjoying our traditional dance, dress, family events and musical performances. Again in repeat of the same violation of the principle of non-intervention on May 7th 1998 Sheriff Howard Richard Sills staged another dramatic armed forced entrance on Nuwaupian Nation territory, the force used was excessive violating our collective right to freedom, peace and security subjecting men, women and children to intimidating acts of the threat of violence by systematically disrupting the communal living and privacy of their community. The presence of 17 squad cars from various municipalities of the State of Georgia, K-9 units, drawn weapons of officers, these acts of aggression were committed all with the intent to padlock buildings and facilities that were illegally padlocked the previous day on May 6th, 1998 by officer David Hester. Therefore exerting this excessive force upon an indigenous peoples involving various agents and agencies to carry out an international wrongful act of intimidation, disrespecting our right to independence and applying foreign pressure to conform to the municipal laws of the United States the obligations of States are to contribute to complete elimination of racial discrimination and colonialism in all forms and manifestation90. Putnam County officials implementing their intentions in further acts synonymous with the facts established have accepted these

87 Office of the United Nations High Commission for Human Rights/Code of Conduct for Law Enforcement Officials/ December 17th 1979/34/169 Article 7 “Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose and combat all such acts” (a) Any act of corruption, in the same way as any other abuse of authority, is incompatible with the profession of law enforcement official. The law must be enforced fully with respect to any law enforcement official who commits an act of corruption, as Governments cannot expect to enforce that law among their citizens if they cannot, or will not, enforce the law against their own agents and within their agencies”88 Moore, History and Digest, vol. III, p. 3127, at p. 3129 (1871).89 These rock-cut temples are located in the ancient Wawat (or the legendary Ybsambul) in Nubia, near the borders of Sudan, about 300 kilometers from Aswan. Earlier temples in Nubia had been located within forts, but here the confidence of Ramses II, whose reign may have lasted as many as 67 years. 90 Office of the United Nations High Commission for Human Rights/Code of Conduct for Law Enforcement Officials/ December 17th 1979/34/169 Article 6, “All States shall respect the right of self-determination and independence of peoples and nations, to be freely exercised without any foreign pressure, and with absolute respect for human rights and fundamental freedoms. Consequently, all States shall contribute to the complete elimination of racial discrimination and colonialism in all its forms and manifestation.”

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manifested forms of attempted colonialism of the territories91 of Yamassee Native Americans either by consent or acquiescence, the U.S. is responsible for this breach of its obligations. The historical injustices of the State of Georgia’s wrongful acts towards the indigenous peoples are self-evidently recorded in the thousands of documents reflecting genocidal usurpations’, dispossessions of our lands, territories and resources, which for hundreds of years have prevented us from exercising, in particular, our right to develop in accordance to our own needs and interest. Heinous acts of violence and the forceful removal of the Yamassee, Creek, Seminole, and Washitaw nations off of their indigenous lands in the past with unsuccessful attempts of annihilating us has injured our nation irreparably. We reclaimed our territory and propped our government and constitutionally voted our president in on June 26th 1992, with these facts in mind it has been incumbent upon our nation to defend our independence 92 and our personality to secure a prosperous future of peace, emphasizing the cooperation and friendly relations of nations are the purpose and principles of the Charter. The Charter is the center of harmonization for the actions of nations93, the actions reflected herein of the U.S. has repeated itself with scourges of the past, and history has repeated itself sounding our position with the facts of the further forthcoming acts, which vividly replicates a modern day “trail of tears”94. These rouge acts are undeniably unjustifiable, by character they are classified as composite continuing wrongful acts that result in immediate responsibility, cessation of these acts, and an offering of appropriate assurances of non-repetition and restoration of the status quo ante.

4. On October 1st, 1998 Sheriff Howard Richard Sills acting in his official capacity forced entry into the territories of the Yamassee Native American, Nuwaupian Nation, harassed her person and violated the human rights of Mrs. Robbie Hibner95, a 22 year old Yamassee Native American of the Nuwaupian Nation by arbitrarily detaining her for hours away from her children and family and friends to question her in regards to her nationality, age, origin of birth and descendants, mother and fathers whereabouts. Fearful for her life because of the experienced threats of violence and harassments by the patterned attacks upon the freedom,

91 Legal Description of The Yamassee native American, Creek, Seminole, Washitaw mound builders (in part): Tract A: AII that certain tract or parcel of land in Land Lot 231,390th G.M.D', Putnam County, Georgia, containing 176.13 acres.... Tract B: All that tract or parcel of land containing 200.716 acres, more or less, in the 390'h G.M.D. of Putnam County, Georgia, more particularly described as Tracts I and 2 in a deed from H. Grady Leverette, Jr. to Georgia Kraft Company dated December22,1978,and recorded in Deed Book 4-Z, Page 282, Deed Records, Putnam County, Georgia92International Conference of American States/ Montevideo Convention on the Rights and Duties of States/December 24th 1933, Article 3, “The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts. The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.”93The United Nations Charter/June 26th 1945 Article 1 (4) “To be a center for harmonizing the actions of nations in the attainment of these common ends”94 The Trail of Tears is a name given to the forced relocation and movement of Native American nations from southeastern parts of the United States following the Indian Removal Act of 1830. The removal included many members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw and Yamassee nations, among others in the United States from their homelands to Indian Territory (eastern sections of the present-day state of Oklahoma). Many Native Americans suffered from exposure, disease and starvation en route to their destinations. Many died, including 4,000 of the 15,000 relocated Cherokee. In 1831, the Cherokee, Yamassee, Chickasaw, Choctaw, Muscogee-Creek, and Seminole were living as autonomous nations in what would be called the American Deep South. The process of cultural transformation was gaining momentum, especially among the Cherokee and Choctaw. In 1831 the Choctaw were the first to be removed, and they became the model for all other removals. After the Choctaw, the Seminole, Creek and Yamassee in 1834, then the Chickasaw in 1837, and finally the Cherokee in 1838.95 Refer to Modified Affidavit of Yamassee Native American Robbie Hibner, Oct. 27. 2010 from original notarized and filed on

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and liberty of the indigenous peoples by this officer, resulted in her compliance to questioning which was due to the known intimidation tactics used by Howard Richard Sills, by being placed under duress exposed her to the subversive tactics used repeatedly by Howard Richard Sills. The mental anguish, mental persuasion, confused her cognitive ability to answer properly, this tactic of intimidation and rights violations is contrary to international obligations of the U.S. these acts are therefore imputable to the United States invoking responsibility.

5. The U.S. aggravating themselves jurisdiction over the U.N.N. under the color of the municipal laws of the State of Georgia heightened the tension of a premeditated conflict created by Howard Sills for the purpose of acting out these condemned forms of armed intervention into the domestic affairs of an independent and sovereign nation of peace loving people, disguising his intent under the umbrella of inflammatory propaganda designed by local officials, instigated by the Sheriff and propagated by controlled local and national media96, thus in turn inciting racial and ethnic discrimination directed against the United Nuwaupian Nation.

96 “Commissioners Give Sheriff Jurisdiction Over County Codes” The Eatonton Messenger, March 12, 1998 A.D. This appointment for Sheriff Sills to become a code enforcer was an illegal appointment for Sheriff Sills to get access to Yamassee Native American territory for the use of force threaten and intervene in our daily lives as the facts enclosed confirms. “Nuwaupians Serving Alcohol at Rameses Social Club” News Report Fox 5 News Reporter Doug Williams, March 7, 1998 A.D. “If they get ready to build a building, they just build it. They don’t get a Permit” Howard Richard Sills falsely stating to the Newspaper, The Coastal Empire on August 16, 1998 A.D. “Sills said He thinks the prospect of violent confrontations is real and that he has requested Federal Help in Investigation and monitoring the group. He said he has not received an official reply” The Atlanta Journal Constitution September 20,1998 A.D., Pg. C4. “The Sheriffs Attorney Says it would be great if the Sheriff and the Nuwaupians here could just reach a real quick agreement, but He says ITS PROBABLY NOT POSSIBLE ANYMORE because the Sheriff has to enforce the law and he says this pamphlet here helps show why for the sake of the law and the Nuwaupians and your safety that, that building need to stay closed. That booklet advertises the Nuwaupian building as a social club including a restaurant and a bar” Channel 13 WMAZ News Broadcast, Reporter Mr. Jim Ragonese Stated. “The possibility of a violent confrontation is Real” Stated Howard Richard Sills The Atlanta Journal-Constitution, September 20,1998 Article by Bill Osinski. “There is going to be a confrontation at the gate with one of those guards or something like that and all hell is going to break loose” stated Howard Richard Sills, Sarah Wallace ABC News 2 Channel New York, November 11& 12, 1998. “No one in Georgia has ever dealt with anything like this. You only draw parallels to Waco…This is a Cult!” Time Magazine, July 12 th , 1998 . Putnam county Sheriff Howard Richard Sills says “he met with FBI’s taskforce on terrorism in Atlanta on March 23rd, 1999 to discuss the Nuwaupians” Creative Loafing Newspaper, April 10 th , 1999. “I’m sitting on a powder keg. Here and I know it!” Creative Loafing, April 10, 1999. “Since then the Sheriff has been horrified, and his patience has been tested” Attorney Francis Nearn Ford, Augusta Action 26 th News, July 30, 1999 . “And law enforcement officials fear a replay of the 1993 Branch Davidians horror could be just around the corner” Jack Lindsey, Sun Magazine, August 31, 1999. “Officials are keeping a close eye on a bizarre religious cult that’s built an Egyptian city of Georgia, terrified they’re planning a mass suicide” Nick Jefferies, Examiner August 31, 1999. “Cult Leader” ABC News "Every incident involving every one of these groups ended in some sort of tragedy, did it not? So am I concerned as a sheriff? You're damned right I'm concerned," Sills said. “Nearby residents say they were frightened when the Nuwaupians declared themselves a sovereign nation and gave machine guns to the guards who patrolled their gates.” “…live on the group's Egyptian-like compound in the middle of rural Georgia. The compound holds 40-foot pyramids, statues and monuments built by cult members”. "I'm talking about a real nation. Our own nation right here … with our own passports and our own tax system," York told followers during a taped speech in 1999. Sheriff Howard Sills “Compared the cult to the branch Davidians of Waco, Texas, and the Heaven's Gate cult of California.” “They now claim to be Native Americans, and York calls himself "Chief Black Thunderbird Eagle." “York has tried to argue he has American Indian heritage and should not be judged by the U.S. judicial system.” “It changed from Egyptian, spaceship to Native American … the group will probably disintegrate," he said. Brunswick, Ga. January 8th. “Accused Cult Leader Earns $850,000” The Associated Press/ January 20 th 2004, by Wayne Crenshaw . “Cult Leader Painted as Conspiracy Victim” The Atlanta Journal-Constitution/January 16, 2004 article by Bill Torpy. “Cult Leader Sentence Spurs Job Resignation, Macon officials Says York sentence out of their Hands” Associated Press, April 27, 2004. “Yorks conviction puts cult, and Compound in Limbo” The Macon Telegraph, July 14, 2004, by Gary Tanner.

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6. On May 8th 2002, with a premeditated strategic plan of attack97 and expectations of casualties and death98 the violent acts of aggression of over four hundred heavily armed law enforcement official from Baldwin County, Ga., Putnam County, Ga., Columbus County, Ga., Jones County, Ga., the Department of Natural Resources, F.B.I, G.B.I, commenced upon the sovereign indigenous state of the United Nuwaupian Nation of Yamassee Native American violating the principles of self-determination, the enjoyment of freedom and inalienable human rights99, our fundamental rights to peace, and ardent desire to be free of colonialism, our human rights, the rights of indigenous children were violated, the rights of thirty-thousand Nuwaupian Nationals and Yamassee Native American tribal members were instantaneously violated in a gross and unprecedented amount. This international wrongful acts of aggression100 by the United States is documented as the largest in U.S. history, the agents subdued hundreds of families including children ranging from infancy to early teens, expecting mothers, and tribal elders. Religious temples and buildings were raided with the excessive use of force including tear gas and explosives. Detaining and forcing children to sit unattended for eight hours without food, water of shelter from the intense heat of the sun causing severe physical suffering and mental trauma101. These agents acting in an official

97 Intelligence sources asserted that the planned attacks and armed action against the national territory of the United Nuwaupian Nation were scheduled to commence in the midnight hours, adequately justifying any casualties or deaths with justified intent of murder made evident by the presence of dead body freezer trucks and body bags present at the forced entry points of the officers carrying out official commands by superior orders of various administrative organs of the United States.98 Refer to footnote 9499 U.N./UDHR/December 10th 1948/217/A Article 5 “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 9 “No one shall be subjected to arbitrary, detention or arrest, detention or exile.” Article 12 “No one shall be subject to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” Article 15 (2) “No one shall be arbitrarily deprived of his nationality….” 100An act of aggression is defined as the use of armed force by one State against another State without the justification of self-defense or authorization by the Security Council. The definition of the act of aggression, as well as the actions qualifying as acts of aggression contained in the amendments (for example invasion by armed forces, bombardment and blockade), are influenced by the UN General Assembly Resolution 3314 (XXIX) of 14 December 1974 101 Affidavit of Isaiah Jackson, Yamassee Native American Nuwaupian National, (Explaining the facts as they occurred on May 8th 2002 being 8 years old at the time) “...I heard that and thought I might die and that’s when tears started to fall from my eyes. Once again we were ordered to come with our hands up….my mother asked could the children get their shoes, they told here no!...they had guns pointing to us, they were checking babies, telling the mothers to shut the babies up or they will blow their heads off!...I saw them taking e a few children away against their will…we were told to leave our homes, our livelihood where we were raised…I have never been the same since” Affidavit of Qaadir King-McAlpin, Sheps Sa Hotep, Yamassee Native American Nuwaupian National (Explaining the facts as they occurred on May 8 th

2002 being 11 yrs. old at the time) “…Some prayed as we tried to figure our what was going on...many of us thought we were going to die…one was kneeling with on the right side with a large automatic weapon pointed directly at us…he checked us for weapons… many of us were barefoot at the time…one boy asked if we could put our shoes on, the agent said no.. We made the uncomfortable journey across the hot pavement… the next 8 hours were stressful. “…Not only were the boys held at gunpoint, guns were pointed at women and other children…we were forced to move off of the property…” “Tama-re was eventually seized by the FBI and completely destroyed…” Affidavit of Elijah Lampkin, Yamassee Native American Nuwaupian National (Explaining the facts as they occurred on May 8 th 2002 being 12 yrs. old at the time) “I see helicopters with men with guns in them”…I heard helicopters flying over the house…I thought I was going to die that very day…they took a battering ram and bust the door down. “Fearing that who ever these gunmen were, were going to run in and shoot us all…there were like 20 men with ak-47s pointed at me… no shoes on, on the hot burning rocks… I had seen body bags, armored trucks, freezer trucks, and men with guns all over the place…they came as if we were a terrorist group” “Any one of those children or adults could have had a sudden break down from the amount of force that was being displayed…living my life in fear and having dream about the raid… and seeing guns in my face” Affidavit of Noakh Thomas, Yamassee Native American Nuwaupian National (Explaining the facts as they occurred on May 8 th 2002 being 8 yrs. old at the time) “…saying there are a bunch of men with guns pointing it at the brothers…

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capacity used the threat of violence and death with the use of bodily harm as a form of intimidation against the men, women and children. Using military helicopters, armed vehicles, freezer trucks and body-bags with an expectation of casualties of the raid, seizing and controlling governmental buildings, religious facilities, schools, temples of learning, religious sites, restaurants and entertainment halls, cultural museums and spiritual centers, warehouses, farms, storage silos, music recording studios, the presidents family house and vehicles, while alleging to possess a warrant of search authorized by the United States to take control of the Nuwaupian Nations land searching for evidence of alleged crimes purported to have been committed by President Dr. Malachi Z. K. York-El™ in custody hours earlier, outside the scope of the jurisdiction of the United States government.

7. On June 30th 2003 and again on December 30, 2003 Dr. Malachi Z. K. York-El™ 33/720again reminded the United States District Court for the Middle District of Georgia102 of their international obligation placing on municipal courts record of which Judge Hugh Lawson and Judge C. Ashley Royal of his sovereign status as head of state, head of his government and how it was incumbent upon the courts to recognize lack of jurisdiction as such as to not infringe upon the United Nuwaupian Nations governments right to non-intervention and violations of our independence to colonial countries. Sovereign immunity from the jurisdiction of other states according to the maxim “par in parem non habet imperium” a peer, an equal has no jurisdiction over another peer, fundamentally binds peace loving States to their responsibilities and obligations of the promotion and protection of the rights nation/states specifically nations of indigenous peoples who are free and equal to all other peoples and individuals. These principles of international law or jus cogens are the founding framework of United Nations Charter and are further supported by international instruments that protect Dr. Malachi Z. K. York-El™ 33/720 position as he asserts on record in several court proceedings through an on record attorney for Federal Courts proceeding 103:

Mr. Garland: “Before Mr. York is, called upon to make his decision as to withdrawal of the plea, we wish to place on the record the caveat and objection to the proceedings of the Court, and that is the defendant is a member of a sovereign nation under United States Resolution 215/1993, quote...”

Dr. Malachi Z. K. York-El™: “Your Honor, with all due respect to your government, your nation, and your court, we the indigenous people of this land have our own right, excepted sovereign, our own government. We are sovereign people, Yamassee, Native American Creeks, Seminole, Washitaw Mound Builders. And all I’m asking is that the Court recognize that I am an indigenous person104. Your court does not have jurisdiction over me. I should be transferred to the Cherokee Council Court in which I will get a trial by juries of my peers. I cannot get a fair trial, Your Honor, if I’m being tried by the settlers105 or

came out first with her bible in her hand…the minute we stepped out our house they had assault rifles pointed directly at us, they had armored vehicles, freezer trucks, and lots of body bags…they had guns pointed at babies, they had guns pointed at mothers holding babies…the FBI took children, without the parents permission…they were told to shut the fuck up…this has left us emotionally and mentally scarred…we were scarred that they poisoned the food” “We were forcefully kicked off …we were told we had 7 days to leave our entire land. We left our property finding it hard to practice our culture because we were scared that people would find our we were Nuwaupians” 102 Refer to footnote 29103 United States vs. Malachi York, et al, in the United States Middle District of Georgia Macon Division, Macon, Ga., Case No. 5:02-CR-27-CAR, December, 30, 2003, Hearing in Courtroom 10:35 Before The Honorable C. Ashley Royal, pg. 6, line 13-20104 Competency to Stand Trial Evaluation, Metropolitan Correctional Center in New York, New York, Date: 9/17/03, Criminal No. 5:02-CR-27, Identification and Reason for Referral: “Mr. York is a 58-year-old African-American/Native-American…”

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the confederates106. I have to be tried by Native Americans as a Native American. That’s my inalienable rights, and it’s on record.”

Furthermore in this proceeding the United States court contends that they lacked knowledge of the international responsibilities and obligations to jus cogens, that bound it. United States contended that it had no overstanding of what president Dr. Malachi Z. K. York-El™ position was through this counsel, which further breached the United States obligation to the United Nuwaupian Nation Yamassee Native Americans subjecting him to alien domination and exploitation forcing jurisdiction upon a sovereign indigenous head of state and delaying his immediate release subjecting him to further torturous acts and prolonged violations imputable to the United States.

Mr. Aurora: “That’s the underlying reason we requested a competency hearing, is based on his belief system…” “He feels if he cooperates with us, he’s violating his jurisdictional argument by complying to the jurisdiction of the Court by saying “ I’m now working under this system that I disagree with”

THE COURT: “To be honest with you, I heard what Mr. Garland said, but I’m not sure that I understand it”

Mr. Arora: “Basically, my client says that he is his own sovereign nation based on his membership with a tribal American Indian nation. He cited some of the provisions that they’ve filed with the United Nations’ charters; and, therefore, his contention is not only is he a sovereign person, he’s also a secured party under state law of Georgia.”

To further extend his position to perfect the record in regards to his status as to clearly confirm to the United States of his position as a subject of international law president Dr. Malachi Z. K. York-El™ spoke to the court on December 30, 2003 in this manner through an officer of the court,

Attorney Adrian Patrick: “Thus, our position is that any position as far as the courtroom being closed, based upon this evidence, should be void and that this Court should notice that there’s evidence, should be void and that this Court should notice that there’s—no burden of proof has been at whatsoever as far as the defendant’s involvement, and he shouldn’t be punished.

I would like to point out that the defendant is (Chief) President of the Yamassee Native American of the Creek Nation Number 208/1999, BIA. It’s not a religion; it’s a tribe. A lot of the statements before Your Honor have been related to Nuwaubians or things like that,

105 In early 1733, Oglethorpe and a group of settlers arrived at the present site of Savannah. Three years later, another settlement was established at Augusta inland on the Savannah.106 This list of settlers in Georgia up to 1741 is taken from a manuscriptvolume of the Earl of Egmont, purchased with twenty other volumesof manuscripts on early Georgia history by the University of Georgiain 1947. The 2,979 settlers are listed in alphabetical order, followedby their age, occupation, date of

embarkation, and date of arrival, lot inSavannah or in Frederica. A summary statement at the opening of the manuscript shows that from June 9, 1732, to September 29, 1741, a total of 1,810 persons were sent to Georgia at the expense of the Trustees, that 1,021 joined the Colony at their own expense, that 142 children were born in the Colony, and that "the total supposedly in the Colony on March 4, 1743" was 2,092. The total of 1,810 persons sent to Georgia on charity from 1732 to 1741 compares closely with the figure 1,847 shown by the record of Benjamin Martyn quoted below, preserved in the British Public Record Office (C.O. 5/671), as the number of persons sent on charity to June 9, 1742.

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but the term “Nuwaupic” cannot be defined. It cannot necessarily be related to the defendant and anything related to that, Your Honor, is disadvantageous to the defendant.”

8. The facts reflected on record indicates that there has been perpetual violations of Dr. Malachi Z. K. York-El™ rights and there is apparently a blatant disregard and disrespect for the judicial process of the due justice of his sovereign rights the position he has held firm since the commencement of the his kidnapping, the provisions of the United Nations Charter, the Universal Declaration of Human Rights, and the Declaration on the Granting of Independence to Colonial Countries and Peoples should have been observed with faithfulness and strictness equally observed should have been his right of non-interference in the internal affair of the Nuwaupian Nations state of affairs, the universal jurisdiction proclaimed by the U.S. by not transferring President Dr. Malachi Z. K. York-El™ to his courts council is a gross violation of the Charter and convention in reference. Whatever the position of the officer of the court, colonialism has always been the foundation of the of the United Nuwaupian Nation of the Yamassee Native Americans declaring independence107, and the retained sovereign status of our government, the U.S. policies regarding early Native American were birthed out of colonialist imperialism forcing the Yamassee Native indigenous people to abrogate its autonomous sovereign nations laws in order to survive the brutal years of usurpations and genocidal patterns of early settlements on our territory,108 inter alia. Our Yamassee Native American territory integrity has been compromised for hundreds of years, and the remnants of the behavior of the progeny of settlers and colonist to continue to disrupt our national unity, using repressive measures of all kinds against us, these international wrong acts have not ceased, our nation has not been able to exercise109 peacefully and freely our right to complete independence. The facts reflected herein confirms our nations position, the organs of the U.S. officers of the law operating in their official capacity has manifested in these instances forms of colonialism merged with forms intervention in the internal and eternal affairs of our nation, even if inadequacy of our political preparedness110 had been concluded upon, its not a pretext for infringing upon the rights of the President Dr. Malachi Z. K. York-El™ nor of the self-determination111 which

107 Our Declaration of Independence drawn upon and was accepted by plebiscitary procedures establishing amongst our nation our desire to autonomous rule and government void of further colonial rule, self-determination and independence. (Refer to footnote 60)108 General Atlas, Arrowsmith & Lewis, Thomas & Andrew Boston 1805 (Map reflecting Creek Nation Territory, Yamassee, Seminole, Washitaw, tribes in the Southeastern Area) Reproduced from the Collections of the Geography and Maps division of the National Archives, Washington, D.C. Georgia, 1732-1755, Drawn under the Supervision of E. Merton Coulter (Map reflecting Yama craw, Yamassee, and Creek territories) Reproduced from the Collections of the Geography and Maps division of the National Archives, Washington, D.C. Williamsburg Map of Georgia (Reflecting Creek, Yamassee, Chactaws, Chickasaws, territories) Reproduced from the Collections of the Geography and Maps division of the National Archives, Washington, D.C.109 Declaration on the Granting of Independence to Colonial Countries and Peoples, Article 4, “…shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected”110 Declaration on the Granting of Independence to Colonial Countries and Peoples Article 3, “Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.”111 The principle of self-determination became a principle of international law in the course of decolonization movement. It was against such an historical background that it was written into the United States Charter and then the Granting of Independence to Colonial Countries and Peoples and the Declaration on Principles of International Law concerning Friendly Relations and cooperation amongst States in accordance with the Charter of The United Nations adopted by the United Nations General Assembly on the 14th of December and 24th of October respectively. The right to self-determination has always been applied to situations of colonial rule or foreign occupation. Cases where such a right was exercised and endorsed by the United Nations were all related to territories under colonial rule or foreign occupation, such as southern Rhodesia, Namibia, Western Sahara, East Timor, African Territories under Portuguese administration, Palestine and Pacific Islands (Trust Territory). The ICJ applied or invoked the right to self-determination in several cases, including “Legal Consequences for States of the continued

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is one of the essential principles of international law to which the character of an obligation erga omnes112 and even of jus cogens is attributed113 applying equally this principle to the peoples of the state of Nuwaupia the Yamassee Native Americans Creek, Seminole, Shushuni, Washitaw Mound Builders.

9. On June 12th 2004 with the conviction and sentencing of the president Dr. Malachi Z. K. York-El™ 33/720, the United States instituted a final forfeiture claim114 against the United Nuwaupian Nations 476 acre sovereign land and territories in view of their domestic law in violation of international law and breaching of international obligations of non-intervention, and principle of the protection of independence and sovereignty and other supporting international law instruments and charters115. On August 27, 2004 in The United States Middle District of Georgia Macon division the systematic attempt to confiscate the Yamassee Native American, Creek, Seminole, Shushuni, Washitaw lands was successful by a final order of forfeiture and order to vacate issued by the United States Federal Judge C. Ashley Royal was in force, attached to the order, the consequences of non-compliance, was the threat of military armed forced removal of the entire population property and territories was forced upon our independent sovereign nation to be vacated, with hundreds of families of women, men, infants and children, governmental buildings of national records and archives, religious sites and temples, museums, restaurants, social quarters, homes, storage warehouses and farms, food and sustenance, personal property, including furnishings, computers, and entertainment systems and halls, temples and churches reflecting their cultural expressions, intellectual property, thousands of religious book and documentation, religious and spiritual sites, hospitals and police and fire departments, schools of learning from child care facilities to higher learning educational facilities and historical literatures being housed in historical institutions, this cruel and inhumane, the use of force to deprive us of our nationality forcing assimilation and with the attempted threat of confiscation of our lands and territories is an internationally condemnable act. We were forced to abandon buildings and construction, with this burden upon us the re-settlement for our nation was not addressed by the U.S, in respects to the dignity of and integrity of an autonomous indigenous nation, the prime concerns effecting our nation was that act of the forcible transfer of our nations children by the threat fear of violence116 and detention117. This heinous international wrongful act has the

presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion”, “Western Sahara, Advisory Opinion”, “Case Concerning East Timor (Portugal v. Australia), Judgment”, and “Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion”. “…the subsequent development of International Law I regard to non-self-governing territories, as enshrined in the Charter of the United Nations, made the principle of Self-determination applicable to all of them” 112 East Timor (Portugal v. Australia), Judgment, ICJ Rep. 1995, 90 at 102.113 J.A. Frowein, ‘Jus cogens’ in R. Bernhardt (ed.), Encyclopedia of Public International Law, III (Amsterdam, 1997), 65-9 at 67. Cf. also Art. 19 of the ILC Draft Articles on State Responsibility: (1998) 37 ILM 442.

114 United States vs. Dwight D. York, a/k/a Malakai Z. York, Isa Muhammad, and Isa Alihad Mahdi, In The United States District Court for The Middle District of Georgia Macon Division, Case No. 5:02-CR-27 (CAR), filed at 4:00 p.m., date: 7/12/04115 The Organization of American States, the League of Arab States and the Organization of African Unity and affirmed conferences held in Montevideo, Buenos Aires, Chapultepec and Bogota, as well as in the decisions of the Asian-African Conference at Bandung, the first Conference of Heads of State or Government of Non-Aligned Countries at Cairo, and the declaration on subversion adopted at Accra by the Heads of State and Government of the African States116 Refer to footnote 99117 Refer to footnote 99

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characteristics of the international crime of Genocide118 in view of the legal definition119and the international laws that stipulate its terms. The United Nuwaupian Nations tribes of Yamassee Native American, Creek, Seminole, Shushuni, Washitaw members living in peace and security, as a sovereign and independent state as we have the absolute right to exist as, in pursuit of internal self-determination have become a nation, of thirty-thousand refugees having to escape persecution because of religious affiliation and cultural distinctiveness. The discrimination of our tribal customs and religious belief caused much slander and the modern day injustices being perpetrated against us until this day. The attempted destruction of our nation by the descendants of the confederate settlers is evident in the facts presented. An officer of the U.S. court operating in his official capacity stipulated in the forfeiture hearing that the entire territory of the indigenous United Nuwaupian Nations Yamassee Native Americans had to become vacant in the meager time frame of 7 days! This inhuman and degrading act dispossessed and confiscated the Yamassee Native American tribes of the United Nuwaupian Nation lands, resources, territories, and sustenance. The internal municipal judgment alone forced the transfer of an entire population of men, women and children, off of their traditionally owned land severing their distinctive spiritual relationship, thousands having to be uprooted and forced to assimilate and integrate into a society, which had subjected them to a vast amount of discrimination from the propaganda directed against them120 due to their cultural values and religious practices and identities,121 the right to defend, maintain, control and protect their cultural heritage was additionally violated. The forced relocation created the incredible sense of instability a loss of the most precious fundamental inalienable human rights inherently available to all human beings, this wrongful act alone reversed the process of our liberation creating a serious crises with discriminating overt modern day attempts of colonialism replicating the genocidal act of the “trail of tears”.122 It is a fact these gross international wrongful acts of the circuit of officers responsible and acting within their official capacity of U.S. authority whether, judges, sheriffs, F.B.I., G.B.I, marshals, indeed whatever municipal organ that carried out these acts, whatever may be his nationality, his function, his rank, or whether he has acted in error, in disobedience to instructions, or contravention of municipal law indeed is undoubtedly imputability to the U.S.

118 The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide. "Article II:  In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. International law protects four groups - national, ethnical, racial or religious groups. A national group: means a set of individuals whose identity is defined by a common country of nationality or national origin. An ethnical group: is a set of individuals whose identity is defined by common cultural traditions, language or heritage. A racial group: means a set of individuals whose identity is defined by physical characteristics. A religious group: is a set of individuals whose identity is defined by common religious creeds, beliefs, doctrines, practices, or rituals.119 The crime of genocide should be recognized therein as a conspiracy to exterminate national, religious or racial groups. The overt acts of such a conspiracy may consist of attacks against life, liberty or property of members of such groups merely because of their affiliation with such groups. The formulation of the crime may be as follows: "Whoever, while participating in a conspiracy to destroy a national, racial or religious group, undertakes an attack against life, liberty or property of members of such groups is guilty of the crime of genocide. (Genocide, American Scholar, Volume 15, no. 2 (April 1946), p. 227-230)120 Refer to footnote 93121 United Nation/Declaration of the Rights of Indigenous Peoples/September 13 th 2007/61/294 Article 8, 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any Action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermine any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.122 Refer to footnote 92

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The problem question can be presented concerning these acts done by officials of the constituent states of a federal entity as in the U.S. governmental personality, to which there may be relative degrees of independence under the Constitution. This question arose before the British-Venezuelan Mixed Claims Commission (1903) concerning the unlawful acts of Bolivar, one of the States of Venezuela, and,

“In the opinion of the umpire there can be but one answer to this proposition, which is that there is responsibility on the part of Venezuela for the acts of its civil officers whether they in fact received their respective commissions directly from the National Government or indirectly and mediately through means and methods previously devised by the National Government for the care and control of the state, county, or municipality to whom power had been delegated by the National Government to make these appointments and issue commissions. The creator of these methods means of internal administration, viz., the nation, must always be responsible to the other government for the creatures of its creation”123

The principle of the unity of a State entails that the acts or omissions of all its organs should be regarded as acts or omissions of the State for the purposes of international responsibility, it is not limited to the organs of central government to officials at a high level or to persons with responsibility for the external relations of the State, It extends to organs of government of whatever kind or classification, exercising whatever functions, and at whatever level in the hierarchy, including those at provincial or even local level. No distinction is made for this purpose between legislative, executive or judicial organs. Thus, in the Salvador Commercial Company case, the tribunal said that:

“a State is responsible for the acts of its rulers, whether they belong to the legislative, executive, or judicial department of the Government, so far as the acts are done in their official capacity”.124

IV. Violations of The United Nuwaupian Nation of Yamassee Native American, Creek, Seminole, Shushuni, Washitaw mound builders Rights as Protected in the International Covenant on Civil and Political Rights.

B. By the United States denying the United Nuwaupian Nation of Yamassee Native Americans right to belong to our nation and community with other tribal members, the denial of our right to enjoy our culture and practice our own religion, denying the United Nuwaupian Nation the right to use of our own language of “Nuwaupuyee” is contrary to its State obligation of the covenant and invokes international responsibility.

Article 27. “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members or their group, to enjoy their culture, to profess and practice their own religion, or to use their own language”

Statement of Fact

1. On August 27, 2004 in The United States Middle District of Georgia Macon division court proceedings125 the systematic attempt to confiscate the Yamassee Native American, Creek, Seminole, Shushuni, Washitaw lands was successful by a final order of forfeiture and order to vacate issued by the United States Federal Judge C. Ashley Royal was in force, this act

123 Davy Case, Ven.Arb. 1903, p.410, at p. 411124 See Salvador Commercial Company (footnote 103 above). See also Chattin case, UNRIAA, vol. IV (Sales No. 1951.V.1), p. 282, at pp. 285–286 (1927); and Dispute concerning the interpretation of article 79 of the Treaty of Peace, ibid., vol. XIII (Sales No. 64.V.3), p. 389, at p. 438 (1955).

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committed against the United Nuwaupians Nation Yamassee Native Americans was responsible for the destruction of our communities and culture practiced by our members in the various forms and distinctive fashions for thousands of years, the diversity of our cultures originate from our ancestral practices passed down from generation to generation. Our religious ceremonial practices have been kept sacred by our tribes and could only be revitalized and resurrected by a pure blood Yamassee Chief, on our original territories owned by the indigenous aborigine inhabitants connecting them by blood and origin and that pure blood Yamassee is Chief Black “Thunderbird” Eagle, President Dr. Malachi Z. K. York-El™. The Yamassee, Washitaw mound builders126 have distinctive religious practices of incorporating our form of “Animism” within our cultural development, in that form of acknowledgement, the visual reminder of who our ancestors are to our nation and to the world was done in the form of showing reverence by replicating their image and likenesses in the architectural the designs127itself, carvings, statues128 and distinctive style of masonry, these distinctive customs of religious practice can be interpreted as worship, it was in fact the tribal members of our nations various ethnical groups way of acknowledging their great past in everyday life using images and symbols carved into edifices to instill in minds of our children, family and tribal members and future progeny the images of beauty and greatness of our ancestors reflecting them and in their bloodline. In fact this religious practice is the oldest on the planet proven archeologically129and has been proven the ancient Egyptians practiced “Animism”130 as reflected in their culture, so did most Native Americans and Indigenous

125 In the United States District Court For The Middle District of Georgia Macon Division, Presided over by Judge C. Ashley Royal, Court No. 5:02-CR-27 (CAR)126 Several mounds built by the Yamassee Washitaw Mound builders are listed as such, Rock Eagle Mound in Eatonton, Ga., The Etowah Mound in Cartersville, Ga.; Moundville Mound in Alabama; Indian Temple Mound in Florida; Toltec Mounds in Arkansas; Lake Jackson Mounds in Tallahassee, Florida; Kolomoki Mounds in Georgia; Cahokia Mounds in Collinsbille, Illinois; Angel Mounds in Evansville, Indiana; Toolsboro Indian Mounds in Toolsboro, Iowa; Aztalan Mound in Lake Mills, Wisconsin; Caddoan Mound in Alto, Texas; Pinson Mounds in Pinson, Tennessee; Spiro Mounds in Spiro, Oklahoma; Serpent Mound in Peebles, Ohio and many others, built by Indigenous Peoples of the Americas including the Yamassee Natives who relocated to “Wahanee” Tama-re, near Rock Eagle and Rock Hawk mound which marked our territory and built some 7,000 yrs. ago located near the “four H Clubs Recreational Center” grounds, which is about 12 miles away from Rock Eagle, representing our Chief: Black “Thunderbird” Eagle, Dr. Malachi Z. K. York127 In one of our completed theme parks, Egyptian replicas of our ancestors were uniquely designed and incorporated inside the architectural designs and constructional buildings, taking advantage of our great landscape and scenery positioning our roads and religious sites strategically and distinctively to represent ancient Egypt and the deities that existed there in flesh and blood of which our genetics stem from, allowing the indigenous peoples of our nation to enjoy our contributions to the worlds diverse cultures of which our great nation has, allowing us to share it with the world in love and respect for the other cultures throughout the world.128 At the entrance of the pylon of The United Nuwaupian Nation Yamassee Native American territory, the entrance route named “Deity Road” extended about fifty yards where deities existed coming into the our territory replicas of Egyptian 129 Animists believe that everything has spirit---trees, rocks, animals—everything, thus the spirit of an “Animist” ancestors exist within, around, and all about them. They acknowledge and worship their ancestors by recognizing their existence in the powerful form of nature itself and thus caring for nature and working with nature not against it as the Yamassee Native Americans and other indigenous tribes did for thousands of years before the European arrival. For without nature one couldn’t exist, just as one without your ancestors one couldn’t exist. Animism is the oldest belief system for which there is archeological evidence. It was probably believed worldwide for over 200,000 years.130 Animism is a religious belief that sees non-human entities having a certain principle about life, that makes them spiritual beings. Animism is generally believed by native people following ancient folklore in Africa, South America, Australia and Southern Asia. Animism believes that not only humans but also all natural phenomena, natural objects, and the universe, embody a soul or spirit. Animists propagate the doctrine that the soul is the main driving force of life and health. Animists revere the various spirits of nature such as the spirit of rain, wind, animals, forest, and earth and believe in maintaining harmony with the powers of nature.

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Negroids known as the Olmec’s who are closely related to an original Negroids of Uganda.131 The responsibility of States is to not carry out acts that would deny the rights of religious practice to any ethnic group, minority or any member of a group such as the Yamassee Native American, Creek, Seminole, Shushuni, Washitaw mound builders of the United Nuwaupian Nation. Our distinctive culture was revived in and on our traditionally owned territories which is seat of our spiritual center and the discrimination began because of our non-colonial traditions of religious practice, thus the negative propaganda132 (e.g. “Cult” “Suicide Group” “Hate Group”) fueled by the ignorance of the diversity of cultures existing in the Southeastern area of America especially Yamassee territory before the European invaded our land, this behavior historically led to the Yamassee uprising in 1715133, this modern day atrocity is parallel to the behavior of the early settlers that insisted on so-called civilizing indigenous nations134infringing upon their cultural sovereignty and autonomous nations in the 16th 17th 18th

and 19th centuries. These fundamental rights were violated by the forfeiture judgment in reference, which enacted the U.S. to forcefully transfer an entire minority group living in community with others of the group to enjoy their culture, profess and practice their religion. The attempted destruction of our culture took place once the United States demolished 135 and destroyed our spiritual sites, temples, stationary statues and edifices after the judgment declared by Judge C. Ashley Royal to vacate our territory with the threat of non-compliance would result in armed force action against our nation. The dispersion and forced assimilation for the past ten years have left the Yamassee, Seminole, Shushuni, Washitaw mound builders of the Nuwaupian Nation meshed into various colonial societies worldwide forcing thirty-thousand Nuwaupian nationals into various parts of the globe and forcing our government into exile still existing de jure, to violate the rights of the self-determination of the Yamassee Native Americans and to deny them the right to enjoy their culture and freedom to practice their religion or use of their language136constitutes an international illegality.

131 The Yamassee are the Olmec, who came from the original Nuwbuns who evolve from the Moropithicus Bishopi in Uganda, where the oldest fossils have been found dating back 20.6 million years, The fossils represent a new genus and species that they have named Morotopithecus bishopi. "Moroto" comes from the place in Uganda where the creature's bones were found, "pithecus" means "apelike." "Bishopi" honors William Bishop, a British geologist who first found bones and teeth from this ape. An Ancestor of Humans Found by William J. Cromie, Harvard Gazette Archives132 Refer to footnote 96133 The Yamassee-Creeks who moved to what is now known as Savannah Georgia and became know as the Yamacraw. The British began to kidnap Native American women and children and enslave them and many Native American men began to mix in with kidnapped Africans who escaped from their captors. In 1715, the Yamassee went to war against the British known as the “Yamassee Uprising.”134 In 1868, the Indian Commissioner wrote of his task: “What, then, is our duty as the guardian of all the Indians under our jurisdiction? To outlaw, to pursue, to hunt down like wolves, and slay? Must we drive and exterminate them as if void of reason, and without souls: Surely, no. It is beyond question our most solemn duty to protect and care for, to elevate and civilize them.” Indian Commissioner Nathaniel G. Taylor writing on the question “Shall our Indians be civilized?” in the Annual Report of the Commissioner of Indian Affairs, Nov. 23, 1868, reprinted in Documents of United States Indian Policy 123, 126 (Francis Paul Prucha ed., 2d 1990). Pursuant to its “civilizing” mission, the Indian Office (Bureau of Indian Affairs) assumed virtually despotic powers over Native Americans through the early part of the twentieth century even though municipal judicial doctrine supported the view that the tribes continued to possess sovereign powers.135 “It feels so good to tear down the son of a bitch myself,” he said “By the middle of the next week, there will be nothing but a couple of pyramids!” Atlanta Journal-Constitution, June 11, 2005 by Bill Torpy Sheriff Howard Richard Sills is referencing the destruction of our cultural development, disrespecting our cultural and territorial integrity. 136 Robin R. Armstead (Linguist) B.A. in Applied Linguistics from Georgia State University with extensive experience with language analysis. “Nuwaupic is a language whose origin stems from Egypt. It is closely linked to the Napatan language and the members of the Afro-Asiatic language family…Nuwaupic uses various forms of morphology...the Nuwaupic language is clearly going through a revival. This is not uncommon phenomenon when looking at other recent languages rivals including Hebrew, Hawaiian, and many other Native American Languages. Based on my findings, from material that are open and available to the public, as presented in brief during the course of this letter, Nuwaupic is in fact an authentic

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V. Forms of ReparationCompensation, Restitution, Restoration of Status Quo Ante, and Satisfaction.

The principle in International law that States responsibility for international wrongful composite acts may not rely on provisions of internal law, as justification for failure to comply with its obligations is well established in State practice and international decisions. The United States being responsible for these international wrongful acts is under legal obligation make reparations in an adequate form, to cease these acts, and offer appropriate assurances and guarantees of non-repetition, in which these circumstances require. The legal consequences of these serious breaches are also well established within International law thus the United Nuwaupian Nation has submitted this Ex Parte Order of Release as one of the forms of restitution inter alia, of our Constitutionally seated President H.E. President Dr. Malachi Z. K. York-El™ misnomer Dwight York within 72 hours from the custody of the United States Federal Bureau of Prisons upon the hour of this document received by the appropriate authorities. Submitted respectfully by the government of the United Nuwaupian Nation of the Yamassee Native Americans, in the seeking of repair to our injured nation.

That the United States in kidnapping, committing barbarous acts of torturing, and commencement of treatment in the form of cruel and inhumane punishment violating the human rights and rights to self-determination of Sovereign Head of State President Dr. Malachi Z. K. York-El™as describe in the preceding statement of facts, violated and breached the U.S. international obligations violating a member of the human family and rights as a human being, by not only preventing the acts of torture and inhuman treatment but by acquiescencing further commenced acts, deliberately after a ten year period failing to investigate and relieve Dr. Malachi Z. K. York-El™ of the burden of the continuing wrongful acts having him bear the sufferings. The United States has an obligation to cooperate to bring the breach to an end, and not to recognize as lawful the situation created by the breach. The United States must endeavor to “wipe out all the consequences of the illegal act and reestablish the situation which would, in all probability, have existed if that act had not been committed137” Therefore the United States is under legal obligation to following:

a) That any criminal liability imposed on Dr. Malachi Z. K. York-El™ in violation of international legal obligations is void, and should be recognized as void by the legal authorities of the United States.

b) That the government of the United States should restore the status quo ante, that is, re-establish the situation that existed before the detention of, proceedings against, and conviction and sentencing of the President of the United Nuwaupian Nation Dr. Malachi Z. K. York-El™in violation of the United States international obligations that took place.

c) That the government of the United States should provide President Dr. Malachi Z. K. York-El™ a guarantee of the non-repetition of the illegal acts committed against him.

d) The Government of the United States shall pay to H.E. Dr. Malachi Z. K. York-El™ an amount decided upon by the negotiations of the government of the United Nuwaupian Nation of Yamassee of Native American, Creek, Seminole, Shoshoni, Washitaw Mound builders and the government of the United States of America respectively, in his own

indigenous Native American language spoken by the Yamassee Native Americans.137 Phosphates in Morocco, Judgment, 1938, P.C.I.J., Series A/B, No. 74, p. 10, at p. 28. See also S.S. “Wimbledon”, 1923, P.C.I.J., Series A, No. 1, p. 15, at p. 30; Factory at Chorzów, Jurisdiction, Judg- ment No. 8, 1927, P.C.I.J., Series A, No. 9, p. 21; and , Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17, p. 29

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right and in the exercise of his right as a Sovereign Head of State and indigenous person, individual reparation for foregoing violations of the United States international legal obligations to H.E. Dr. Malachi Z. K. York-El™.

e) That the government of the United States submits to its competent authorities for the purpose of prosecution those persons responsible for the acts of multiple acts of torture and other criminal acts committed against H.E. Dr. Malachi Z. K. York-El™.

2. That the United States when confiscating and dispossessing the United Nuwaupian Nation of Yamassee Native American territory of 476 acre, indigenous land from them violated and breached its obligation to the conventions in force protecting independent indigenous peoples rights of the process of liberation by forcibly transferring an entire population, forcing assimilation and integration, and access to their sustenance, resources and infringing on their cultural development, also deprived them of their right to self-determination, deprived them of their rights to enjoy their own culture as members of their group and denying them the right to practice and profess their own religion and use their own language in accordance with the International Covenant of Civil and Political Rights, the Declaration on the Granting of Independence to Colonial Countries and Peoples, as well as the United Nations Charter. The United States has an obligation to cooperate to bring the breach to an end, and not to recognize as lawful the situation created by the breach. The United States must endeavor to “wipe out all the consequences of the illegal act and reestablish the situation which would, in all probability, have existed if that act had not been committed” Therefore the United States is under legal obligation to following:

f) That the government of the United States should restore the status quo ante, that is, re-establish the situation that existed before confiscation and dispossessing them of their land, granting full ownership deeded back into the possession of the government of the United Nuwaupian Nation.

g) That the government of the United States provide redress for in the form of restitution and pay to the United Nuwaupian Nation a sum to be determined upon negotiation of the government of the United States for forcing a population transfer, forcing assimilation and integration and designing propaganda to promote ethnic discrimination against them. All of which deprived them of their integrity, injuring this nation irreparably for over a decade.

The undersigned is the authorized agent and plenipotentiary of the government of the United Nuwaupian Nation Yamassee Native American, Creek, Seminole, Washitaw mound builders to in my official communicate in good faith as the document in hand is well received in the name of freedom, justice and equality.

Respectfully Submitted,Ambassador Dr. Doosua York tribal name “Hawk-Eye” aka Dr. Damon PryorThe Embassy of the United Nuwaupian Nation830 Ralph David AbernathyAtlanta, Ga. 30310Doosuaba@yahoo.com (404) 825-3211 phone

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