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Special Feature

Time Line of Events and Facts of the Dr. Malachi Yorks Case

Dr. Malachi Z. York as a global African nationalist and icon of African as a phenomenala phenomenal teacher, author and international diaspora community leader in America leadership in the United States, the CarribeanCaribbean, Canada, United Kingdom, US and world overabroadother territories, whose activities has also been observed by many West African countries. Dr. Malachi York waas a two-way muilti-purpose bridge that not only connected Liberians, Africans citizens, and displaced refugees in need but also provided progressive exchange progamsprograms in has exchanged the ideas of progressive programs, literature , moral as well asand legal assistance to Liberian and west African citizen’s and refugees displaced families who have fled to the U.S. from the conditions of war.


The primary objective of Dr. Malachi York establishing theed African exchange programs was to aid and provide support to to those Liberian and West African students, refugees, and citizens who were in desperate need of support and assistance in the receiving statetheir new country of residence [in the United States] while their country ravished with internal turmoil. The first Liberian war and at the outbreak of the second Liberian war introducedcaused years of instability,y and forced out created thousands of valuable human resources into exile while refugees and killed hundreds of thousands perished with no grave stone to remember them. As if that was not enough, hHeavy fighting in April of 1996 interrupted a ceasefire offrom 1995, the Abuja Accord through Gen. Sani Abacha championed- in the disarming of the fighting troops and contested the democratichonest elections for Liberia afterward.

In July of 1997, Nnational Eelections for the Presidency and Nnational Aassembly, took place and Charles Taylor and his National Patriotic Party won an overwhelming victory. As the overwhelming concern grew for Liberian refugees who were at lost and seeking support and protection in the US, Dr. Malachi Z. York’s programs and organization were an ideal rest haven for settling Liberian, thousands of Liberians and African nationals have benefitted from Dr. Malachi York’s great mind of organizing African diaspora peoples, Dr. Malachi Z. York’s pursuit in more of a direct assistance moved him in all manners capable of involving himself directly with the government of Liberia in their urgent need of protection of their nationals in the United Statess abroad. Dr. Malachi York was the ideal representative, to afford all protection, to as a diplomatic agent and as a Consul general. This appointment was designed to strengthen the international relationship that developed in order in hopes to continue to provide the services to citizens,s in order the help maintain the integrity and hopes of the broken spirits of of Liberians affected by the conflict, and stabilize its legal order, with economic empowerment, this position has been held throughout his appointment . Between the years of 1997 -1999 Dr. Malachi York travelled to Liberia to become a naturalized citizen of the country and on December. of 1999 was chosen to represent the government of Liberia by then President Dr. Charles Taylor, as a diplomat and consul general of the Republic. The appointment of his position by the Liberian Government is a reflection of their trust of Consular York’s upholding his obligations and his dedication to the mutual benefit of the cooperation rendering the support and services for the people of Liberia, in the time of crisis, below is a timeline of facts surrounding the events of the Dr. Malachi York case.

1997

1. July 12th 1997, DECLARATION OF INTENTION ‘I, DR. MALACHI Z. YORK ON OATH OR AFFIRMATION DECLARE THAT IT IS MY INTENTION TO SETTLE PERMANENTLY IN THE REPUBLIC OF LIBERIA AND TO BECOME A CITIZEN THEREOF, AND I DO HEREBY DECLARE BY ALLEGIANCE AND FIDELITY TO THE REPUBLIC OF LIBERIA….’ CLERK, CRIMINAL COURT ‘B’ given under hand and seal of this Court..

1. (Dr. Malachi Z York took his oath and swore allegiance to the republic of Liberia which resulted in him obtaining his certificate of citizenship meaning he is a rightful citizen by law under the judicial branch of Liberia Montserrado county.)

1999

2. July 12th 1999, PETITIONER PETITION, IN FIRST JUDICIAL, CIRCUIT COURT, CRIMINISLA ASSIZES ‘B’ MONTSERRADO COUNTY, SITTING IN ITS FEBRUARY TERM, A.D. 1999., IN RE: THE PETITION OF DR. MALACHI Z. YORK AND AMERICAN NATIONAL, PRAYING THIS HONORABLE COURT FOR ADMISSION INTO LIBERIAN CITIZENSHIP BY NATURALIZATION.

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2. (Dr. Malachi Z. York Petitions the First Judicial, Circuit Court to Receive his Liberian Citizenship by Naturalization)

3. August 12th 1999 PETITONERS AFFIDAVIT IN THE OFFICE OF THE JUSTICE OF THE PEACE FOR MONTESERRADO COUNTY, R. L. ‘…in my office, Dr. Malachi Z. York, Petitioner in the attached Petitioner’s Petition, and OATH according to law, that all and singular the allegations of facts and circumstances as contained in Petitioners Petition for CITIZENSHIP BY NATURALIZATION are true to the best of his knowledge and belief…’ witnessed by three.

3. (Dr. Malachi Z. York makes an Affidavit affirming all information in his Petition is true and correct)

4. October 1999, Temple Oath of Allegiance, Criminal Court “B”, R.L. DR. MALACHI Z. YORK DO SOLEMLY SWEAR IN THE PRESENCE OF THE ALMIGHTS GOD THAT I WILL SUPPORT AND DEFEND THAT CONSTITUTION AND LAWS OF THE REPUBLIC OF LIBERIA AGIANST ALL ENEMIES, FOREIGN AND DOMESTIC…’ signed by Samuel A. Paasewe.

4. (Dr. Malachi Z. York swears under Oath Allegiance to the Republic of Liberia)

5. November 26, 1999, Transcript of Criminal Court “B” First Judicial Circuit, Special Chamber Session, November Term, 1999, Before Her Honor, November Term, 1999 Before Her Honor F. Masa Kamara-Nyumah, -Sheet One, The Petition of Dr. Malachi Z. York, an American National Praying This Honorable Court For Admission Into Liberian Citizenship By Naturalization. Petitioner: Dr. Malachi Z. York of Congo Town, Witness: David Nymah of Gbarna, Bong County, Witness: Prince Thomas of Congo Town. Signed by Kamara-Nyumah.

5. (Transcript of Dr. Malachi Z. Yorks Petition to the Republic of Liberia for Naturalization being heard in the First Judicial Circuit Court)

6. December 15th, A.D. 1999, Certificate of Citizenship, Malachi Z. York who previous to his or her naturalization was as a citizen and subject of the United States at present residing at Monrovia in the Republic of Liberia. Ordering that Malachi Z. York be and he is hereby admitted as a citizen of the Republic of Liberia by Naturalization. Signed by Clerk of Court aforesaid Samuel A Passawe.

6. (Dr. Malachi Z. York is issued a Certificate of Citizenship by the Republic of Liberia)

7. December 15, 1999 Appointment Letter from the Republic of Liberia, Office of the President Dahkpannah Dr. Charles Ghankay Taylor, Dr. Malachi Z. York Athens, Ga. United States of America, ‘I am pleased to appoint you hereby Consul General of the Republic of Liberia to Atlanta, Georgia, United States of America’

(Dr. Malachi Z. York appointed as Consul General for the Republic of Liberia by President Charles Ghankay Taylor)

2002

8. May 8th 2002, Consul General and Diplomatic personnel of the Republic of Liberia H.E. Dr. Malachi Z. York was arrested and post was raided and destroyed, the inviolability of his off infringed upon and the government of the Republic of Liberia was not made aware of his arrest nor detention in flagrant violation of international diplomatic law norms that protect foreign officials inviolability attached to its premises and offices.

9. H.E. Dr. Malachi Z. York tortured for a year and forced into duress, being denied all consular communication to the Republic of Liberia and denied all rights under VCCR, VCDR and international covenants that protect diplomatic and consular relations.
2003

10. March 28th, 2003, Letter from Attorney Manubir S. Arora, to Lt. Guy Mustello, Jones County Jail, P.O. Box 874, Gray, Ga. 31302, in notification that Dr. Malachi York be considered for International Prisoner Transfer under the provisions of 81 §U.S.C. 4100 et seq.

2004

11. June 4, 2004, Letter from the Garlawolu Law Associates, Opposite The DDRR Office, Capital Hill, and Monrovia Liberia, to Acting Minister the Ministry of Foreign Affairs representing the legal interest of Dr. Malachi York soliciting the intervention of the Republic of Liberia. Signed by Francis Y.S. Garlawolu.

12. July 12, 2004 the Republic of Liberia Montserrado County, in the 6th Judicial Circuit Court, in its June Term, A.D. 2004. Before His Honor: Yusuf Kabah…Assigned Judge. Dr. Malachi Z. York by & thru his Attorney In-Fact and Legal Counsel, Counsellor Francis Y.S. Garlawolu of the City of Monrovia. Petitioner respectfully petitioning of and against the Republic of Liberia

13. June 14, 2004 Diplomatic Note NTGL/MFA/2-2/0891/’04 The Ministries of Foreign Affairs Monrovia, Liberia to the State Department of the United States of America to intercede with concerned authorities for Dr. York’s voluntary repatriation.

14. July 21st 2004, June Term A.D. 2004 of the 6th Circuit Judicial Court of Monrovia Liberia’ss Final Judgment on the Petition For Declaratory Judgment, the courts in its final decision was ordered to, ‘To protect and defend (Diplomatic Protection) the person (Dr. Malachi Z. York) and the premises of Petitioner (404 Shady Dale Road, Eatonton, Ga. Tama-Re) a Diplomatic Personnel (Diplomatic Agent), to all intents and purposes (full Diplomatic Immunity) and in light of that, Respondent (the Government of Liberia) is further ordered to liaise (liason, to contact or connect maintained by communication) with the Government of the United State of America, to ensure the effective (Repatriation and deportation, and release Lands, Property) endorsement of this Judgment’

15. July 30, 2004, Letter from Acting Minister of Justice Attorney General Edward Goba, , requesting that the Minister of Foreign Affairs give effect to the orders of the Final Judgment of the Civil Law Court for their perusal and official action.

16. August 12, 2004 Diplomatic Note NTGL/MFA/3031/2-5/’04 DATED from: The Ministries of Foreign Affairs, P.O. Box 9002, The Embassy of the United States of America Mamba Point, Monrovia, Liberia. Honoring a First Judicial Circuit decision, court confirming that Dr. York is a Diplomatic Personal of the Liberian Government, with the status of Consul General.

17. August 17, 2004, Diplomatic Note NTGL/MFA/3031/2-5/’04 dated, The Ministry of Foreign Affairs, Monrovia, Liberia. The government of Liberia takes the necessary measures it deems proper to intervene and request the Government of the United States of America to have Dr. York declared ‘a persona non grata’ and repatriated or deported to Liberia.

(The Ministry of Foreign Affairs for the ROL communicates to the Embassy of the United States of America in Mamba Point Liberia and requests the Embassy to “confer with the Appropriate Authority of the United States Government to effect the release and subsequent repatriation of Dr. York a Naturalized Citizen and Diplomatic Personnel of Liberia accredited near Atlanta, Georgia;”)

17. August 17, 2004, The Ministry of Foreign Affairs communicates to the Liberian Embassy in Washington D.C. that the MOFA has designated Counsellors Jenkins K.Z.B Scott, Deputy Minister & Legal Counsel for the Ministry of Foreign Affairs, R.L., Francis Y.S. Garlowalu of the Garlowalu Law Associates And Attorney Morris A. Kaba of the Ministry of Justice, to intercede the Release and Repatriation Dr. Malachi Z. York

18. September 29, 2004, Diplomatic Note LEW-3/7A/O772/9/04 To Whom it May Concern: Introducing Counselor Francis Y.S. Garlawolu of Liberia, Personal Attorney to Dr. Malachi York, on a special mission seeking his release and repatriation. Signed by Minister Counselor, Alexander H.N. Wallace, III
18.

2005

19. Feb. 16, 2005, Legal Power of Attorney for Dr. Malachi Z. K. York through the Ministries of Foreign Affairs of the Republic of Liberia by Acting Minister Abel Momolu Massaly.

20. February 29th, 2005 to whom it may concern letter from Cllr. Edward K. Goba, Acting Minister of Justice & Attorney General/RL, certifying that the signature of Mary Mamie Howe, Notary Public for Montseraddo County, Republic of Liberia, appearing on the attached Notary Certificate, Amicus Brief and motion to leave of Court to file Amicus Brief.

21. March 9th 2005, Motion to Leave of Court to File Amicus Curiae Brief Filed, Appellate Case No. 04-12354 in the US Courts, Respectfully submitted: Minister of Foreign Affairs Cllr. K.Z.B. Scott, Republic of Liberia, West Africa, Cllr. Francis Y.S. Garlawolu, Minister of Justice Attorney Morris Kaba Republic of Liberia.

(This Amicus Brief was the Republic of Liberia’s filing made on Dr York’s behalf in the 11th Circuit Court of Appeals in the State of Georgia which informs the United States Courts of Dr York’s status and the Republic of Liberia’s finding that Dr. York is Innocent.)
20.

22. March 23rd 1st 2005 Requested by Dr. Malachi Z. York) Notary Certificate dated, signed by Marie Mamie Howe for authentication of ‘COURTS FINAL JUDGEMENT ON THE PETITION FOR DECLARATORY JUDGEMENT, ISSUED BY THE CIVIL LAW COURT, SITTING IN ITS JUNE, A.D. 2004 TERM, AND SIGNED BY YUSIFF D. KABA’

21. (Clerk of Court Samuel A. Passawe for the First Judicial Circuit, Criminal Court Montserrado County certifies the Naturalization proceedings of Petitioner Dr. Malachi Z. York renouncing allegiance to the United States of America)

22.23. June 1st, 2005, Letter from Speaker of the National Transitional Legislative Assembly at the Capitol Building, Monrovia, Republic of Liberia, George G. Koukou, to Secretary of State, State Department H.E. Condoleeza Rice requesting assistance in the facilitation of the repatriation of Dr. Malachi Z. York.

2006

23.24. October 24th 2006, Diplomatic Note # RL/MFA/3066/2-5/’06 from the Ministries of Foreign Affairs of the Republic of Liberia to the State Department through the Embassy of the United States of America agreeing to ‘Intercede with concerned authorities to facilitate and ensure the repatriation or deportation of Dr. York to the Republic of Liberia.

24.25. December 19, 2006, Diplomatic Note GOL/MFA/3452/2-3/’06, Letter to the Ambassador Charles Minor for the Embassy of the Republic of Liberia in Washington D.C. from the Acting Minister Marcus S. G. Dahn (Phd), to intercede on the behalf of the Government of Liberia to negotiate the release of Dr. Malachi Z. York, in keeping with note No. RL/MFA/30066/2-5/’06, sent to the United States Embassy near Monrovia.

2012

26. October 25th, 2012, Legal Correspondence was written on behalf of Dr. Malachi Z. York by Cllr Jerome G. Korkoya Consular at law (Now head of the National Elections Commission) in the Republic of Liberia addressed to the Embassy of the United States of America in Monrovia that contained an Apostille of Dr. Malachi Z. Yorks Certificate of Citizenship, Oath of Office, Appointment Letter, and all of his relevant Naturalization Paperwork from the Liberian Courts.
2009

25. March 9th 2009, Motion to Leave of Court to File Amicus Curiae Brief Filed, Appellate Case No. 04-12354 in the US Courts, Respectfully submitted: Minister of Foreign Affairs Cllr. K.Z.B. Scott, Republic of Liberia, West Africa, Cllr. Francis Y.S. Garlawolu, Minister of Justice Attorney Morris Kaba Republic of Liberia.

2014

1. March 20th 2014, Letter from the Embassy of The Republic of Liberia Washington D.C. Dated, Requesting to Counselor Mr. L. Robinson for a Consular visit with inmate Malachi Z. York (mis-nomer Dwight York) from Deputy Chief of Mission

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