Saturday, August 21, 2021

After Inner City Press Reports Sierra Leone UN Mission Debris, Now It Argued Total Impunity

 

By Matthew Russell Lee, Patreon  Live Stream
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, August 20 – Sierra Leone's Mission to the United Nations has been sued for "posing an immediate danger [with] mold and vermin infestation." Inner City Press first reported the case on May 21 and it has since been picked up.

The Sierra Leonean Mission is at 245 East 49th Street, right near the United Nations which also poses dangers, in its impunity. June 2 Inner City Press live stream here.

  On June 4, not the Mission but contractor Empire Group NYC, LCC make a number of proposals, including cleaning up the Mission's debris. The cover letter says, "as soon as the Permanent Mission of the Republic of Sierra Leone to the United [Nations] appears in the case, the Court should schedule a prompt return date for its response to the OTSC issued by the Court."

On July 26 an emergency hearing was sought as Sierra Leone's UN mission and its contractors refuse to comply with an order, for example: "Remove all debris from inside the Mission that pose an ongoing fire hazard... The Mission's lawyers have refused to take additional photographs or any any inspection of the Mission on purported grounds of Sierra Leone's national security."

And the response on July 27 confirmed: "The Mission has imposed certain restrictions on access to and documentation from within the Mission, as referenced in the Plaintiffs' Letter, citing national security grounds." Sounds like the corrupt UN-world of Guterres, still banning Press.

So does this invocation of impunity: on August 20, Sierra Leone's lobbying firm put in a letter that argues that its decrepit, nuisance "diplomatic premises are inviolable as a matter of federal and international law." Tony's law - beat up the press, kill with cholera, leave garbage everywhere, and cite immunity. Will it work?

Back on June 7, Judge Ramos ordered: "CONSENT ORDER: ORDERED that Plaintiffs and Defendants shall enter into an access agreement by June 7, 2021 for the Defendants to enter onto Plaintiffs' property to install a temporary chimney extension. (As further set forth in this Order.) The June 23, 2021 hearing is hereby adjourned. (Signed by Judge Edgardo Ramos on 6/7/2021) (cf)."

Now on June 22, Empire has cross-moved against the UN Mission of Sierra Leone for its negligence. Watch this site.

On June 3, the June 4 proceeding was pushed back to June 23: "ORDER granting [35] Letter Motion for Extension of Time to File Response/Reply re [35] SECOND LETTER MOTION for Extension of Time to File Response/Reply as to [14] Order to Show Cause Set Deadlines addressed to Judge Edgardo Ramos from Christopher Slowik dated 06/03/2021. Granted. The June 4, 2021 conference is hereby adjourned to June 23, 2021 at 4:30 p.m. Defendants' opposition is now due Tuesday, June 15, 2021, and Plaintiffs' reply is now due Thursday, June 17, 2021. (Signed by Judge Edgardo Ramos on 6/3/2021)."

On June 2, the country's Foreign Minister David J. Francis has been served, at OAU Drive, Tower Hill, Freetown, Sierra Leone, all papers:

"I hereby certify under the penalties of perjury that on the 2nd day of June, 2021, I served: Permanent Mission of The Republic of Sierra Leone to The United Nations, c/o Foreign Minister David J. Francis, OAU Drive, Tower Hill, Freetown, Sierra Leone  the head of the ministry of foreign affairs, pursuant to the provisions of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1608(a)(3). __1__ copy(ies) of the Notice of Suit, Summons, Compliant deemed filed May 14, 2021, Exhibits to the Complaint, Notice of Appearance for Rachel Maimin, Proposed Temporary Restraining Order and Order to Show Cause for Preliminary Injunction, Memorandum of Law in Support of Plaintiffs’ Ex Parte Application, Declaration of Janet Harvey & Matthew Bendix, Foreign Sovereign Immunities Act, Order to Show Cause. by DHL EXPRESS 866 0446 163 Dated: New York, New York June 2, 2021 RUBY J. KRAJICK CLERK OF COURT /s/JaVonn Ross DEPUTY CLERK."

  After Inner City Press exclusively reported on this case, and was contacted by media in Sierra Leone, now the Foreign Ministry has issued a two page press release saying it has been directed to our media report, and calling it misleading and inaccurate.

 While unlike the even more corrupt UN of Antonio Guterres, who rather than respond to questions using UN Security to rough up and ban the Press that asks them, the Ministry has spoken, it does not stand up. Just consider the photos of how they left the site of their "Chancery."

And they do not specify what they say the US State Department did not do. (Inner City Press got answers from the State Department on May 27, here, but has not yet asked about this, since it didn't know of the Ministries response until May 28).

 The pickers-upper also note that Sierra Leone's government transferred some $3.2 million to their UN Mission in New York, including "5-Sep-19 FT1924808290 Outward Swift Payment 9,329,999,975.14," the spending of which remains unclear given the conditions of the "Chancery." There's also the IMF's March 15, 2021 OK-ing of $50.37 million to Sierra Leone under its Rapid Credit Facility. We aim to have more on this. Watch this site.

 Next door neighbors have sued the Mission in the U.S. District Court for the Southern District of New York, which Inner City Press while banned from the UN by Antonio Guterres now covers daily.

  The complaint identifies Sierra Leonean diplomats' "failure to follow basic fire-prevention protocols... creating an opportunity for flying debris, fire and other dangers."  

The SDNY docket reflects that, of the complaint, "service was accept by Fatima (F/B 40-49 years old, 5'4" tall, 140 pounds with black hair and brown eyes) who advised at the time of service that she is authorized to accept on behalf of the Permanent Mission of the Republic of Sierra Leone to the UN." 

  On May 27, the SDNY's Deputy Clerk certified serving the country's foreign minister, pursuant to the Provisions of the Foreign Sovereign Immunities Act, 28 USC 1608(a)(3).

 Inner City Press will be following this case, and others of impunity.

The case is Harvey et al. v. Permanent Mission of the Republic of Sierra Leone to the UN, et al., 21-cv-4368 (Ramos)


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