[Pnews] Peltier Tribunal Judges Findings: Restoration of Justice in Indian Country

Prisoner News ppnews at freedomarchives.org
Mon Oct 7 10:23:12 EDT 2013

    Sunday, October 6, 2013

      Peltier Tribunal Judges Findings: Restoration of Justice in Indian

*Peltier Tribunal Findings include holding FBI agents responsible for 
crimes, freedom for Leonard Peltier and an end to environmental racism *
**By Brenda Norrell*
*Censored News Breaking News Exclusive*

GREEN BAY, Wisconsin -- A panel of judges at the International Peoples 
Tribunal on Leonard Peltier issued an executive summary and preliminary 
findings late Friday, Oct. 4, following three days of testimony from 
Native Americans who described abuse inflicted by the United States 
government and FBI agents.

The Tribunal concluded that US laws must be changed in order for FBI 
agents to be charged for their crimes of assault and murder on Pine 
Ridge Indian land in South Dakota and elsewhere. Further, the Tribunal 
said justice is dependent on the immediate release of Leonard Peltier.

The Tribunal said justice depends on the admission of guilt and 
systematic change regarding the FBI and their crimes against the Lakota 
Oyate and other Indigenous Peoples.

"In order for the Lakota Oyate to begin the healing process, the FBI 
must begin with a Statement of Remorse to the Oglala Lakota Oyate of 
Pine Ridge Indian Reservation."

The Tribunal said the environmental injustices targeting Indian lands, 
based on racism, must end.

In the findings, the judges said, "This Tribunal is a proceeding in 
democracy, justice, and human rights. The case of Leonard Peltier goes 
beyond his oppression. Leonard Peltier has become an icon for the 
oppression and injustices practiced by the United States historically 
and persistently upon Indigenous Peoples."

"Justice for Leonard Peltier can begin a healing process long overdue 
between Indigenous Peoples and the United States of America," the 
findings stated.

The Tribunal focused on the historic relationship between the Dakota, 
Lakota and Nakota people and questioned who has jurisdiction on Lakotas' 
Pine Ridge Indian land in South Dakota. The Tribunal questioned whether 
Congress can override treaty obligations using Plenary Power, the 
findings stated.

Further the Tribunal questioned whether the Fort Laramie Treaties of 
1851 and 1868, or Lakota Traditional Laws have been violated during the 
period of 1868 to present, including the 1973 Wounded Knee stance, the 
1975 Pine Ridge Shootout, and the trials that followed these incidents, 
the findings stated.

During the Tribunal, Oct. 2 --4, on Oneida land in Wisconsin, the 
Tribunal heard testimony from across Indian country, including testimony 
from the survivors of the Pine Ridge Shootout in 1975 and survivors of 
Wounded Knee in 1973. They described the Reign of Terror carried out by 
the FBI and how the US government armed locals with weapons and 
ammunition who then targeted Lakotas and the American Indian Movement. 
The US created a militarized zone at the same time corporations were 
seizing Lakota territory for uranium mining.

Navajo Lenny Foster testified on Native prisoner rights. Foster and 
Dorothy Ninham described their visits with Leonard Peltier in prison and 
his failing health. Peltier called the Tribunal from prison on the first 

Manny Pino, Acoma Pueblo and professor, testified on the genocide 
carried out by Cold War uranium mining in the Pueblos, Navajo Nation, 
Spokane, Lakota lands in South Dakota, and First Nation lands in Canada. 
Pino described how the US government targeted Indian lands as "sacrifice 
zones" which left a trail of death for Native American uranium miners 
who were not given protective clothing, and ate the radioactive food. 
Dakota historian Chris Mato Nunpa from Minnesota testified on the 
historic genocide of Dakota people.

The Tribunal concluded that the remedies include the immediate freedom 
for Leonard Peltier. The options are a new and fair trial consistent 
with due process, executive clemency or compassionate release.

The Tribunal called for the appointment, by the President of the United 
States, of independent counsel to review and prosecute all murders, 
assaults and acts of intimidation by all perpetrators, including the 
FBI, against the Lakota Oyate of Pine Ridge Indian Reservation.

Further, the Tribunal said that the restoration of criminal jurisdiction 
in Indian country requires overturning the Major Crimes Act of 1885, and 
its associated amendments, and the Suquamish v. Oliphant Decision of 1978.

In its findings, the Tribunal listed the international human rights 
standards which have been violated during the pre-trial extradition, 
detention, trial process and incarceration of Leonard Peltier.

The Tribunal also made the following preliminary findings and conclusions.

Describing it as "egregious US government misconduct and abuse of 
power," the Tribunal said the US has continued its genocide against 
Indigenous Peoples in the US through actions, laws and policies.

The Tribunal stated the facts of US government corruption in the US 
legal system, including the deliberate withholding of exculpatory 
evidence and the use of manufactured and perjured testimony in the 1973 
Wounded Knee trials; 1977 trial of Leonard Peltier; extradition of 
Leonard Peltier from Canada to the US; 1977 trial of Leonard Peltier; 
appeals of Leonard Peltier, 1978, 1984, 1986 and 1993, and denial of 
parole by the Federal Bureau of Prisons.

The Constitutional violations include the violations of the Fort Laramie 
Treaty of 1851 and 1868, the Webster-Ashburton Treaty of 1842; 
fundamental right of due process; right to a fair and impartial jury of 
his peers; sixth amendment right regarding compulsory processes; 
religious land use and institutionalized persons act of 2000, and free 
exercise and establishment clause.

The violations of international law include violations of Fort Laramie 
Treaty of 1851 and 1868; UN Declaration on the Rights of Indigenous 
Peoples (2007); UN International Convention on the Elimination of All 
Forms of Racial Discrimination (ICERD) signed in 1966 and ratified in 
1994; the UN International Covenant on Civil and Political Rights 
(ICCPR); the Universal Declaration on Human Rights (1948); and 
Wester-Ashburton Treaty (1842).

The Tribunal said justice depends on the repeal of the Doctrine of 
Discovery, Plenary Power Doctrine, and other "Extra Constitutional 
Fictions by the Supreme Court."

In conclusion, the Tribunal recommended that the findings be submitted 
to the National Congress of American Indians.

The Jurists are Alberto Saldamando, human rights attorney; Tatewin 
Means, Oglala Attorney General and daughter of Russell Means; 
James Riding In, Pawnee professor at Arizona State University; 
Nise Guzman-Nekheba, professor University of Florida Law School and 
Shannon Rivers, Akimel O'odham human rights activist.

The judges said this is the first of this type of Indigenous Peoples 
Tribunal and the complete detailed Findings would follow.

Censored News coverage Peltier Tribunal:
Day 3 Peltier Tribunal: Findings and Testimony, Manny Pino uranium 
mining genocide
Day 2: Peltier Tribunal Lenny Foster and Dorothy Ninham, Visits to 
Peltier in prison, Native prisoner rights
Day 1: Peltier Tribunal Reign of Terror on Pine Ridge, Peltier calls 
Dakota written testimony by Chris Mato Nunpa, Dakota historian and professor

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Posted by brendanorrell at gmail.com at 11:30 AM 

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