-Lawyer calls on U.S. Justice System to free Dr. York on health, diplomatic accounts
Dr. Malachi Z. York, naturalized Liberian citizen from the United States, who was granted Liberian diplomatic status by ex-President Charles G. Taylor, is said to be languishing in solitary confinement in a U.S. prison without any medical care accorded him, even though diagnoses show that he is suffering from complicated diseases, including hereditary angioedema (swelling of the body).
In light of this finding and following a clarion call on the Liberian government to help free Dr. York from prison and secure his subsequent and unconditional repatriation to Liberia, the law office of Ms. Victoria Brussard has therefore called on the U.S. justice system to grant her client freedom from imprisonment due to his (Dr. York) deteriorating health condition.
In her open and general communication to the U.S. justice system, Brussard claimed that harsh prison conditions have immensely contributed to Dr. York’s deteriorating health condition and that he may die a wrongful death if care is not taken.
“Due to the treatment of the prison conditions and their torturous behavior towards H.E Dr. Malachi Z.K. York and violating his Diplomatic Rights, his Human Rights, and Constitutional Rights for the past 16 years, H. E. Dr. Malachi Z. K. York has been rushed to an outside medical center due to his ailing condition, and not receiving proper medicine,” Brussard said.
She said there is a medical urgency which calls for Dr. York’s removal from the prison facility of USP Florence ADMAX in the state of Colorado to an ideal health facility that will provide him an unconditional medical care so as to save him from dying wrongfully.
She referred to the death of one Jeffrey A. Buller who died in the Colorado U.S. prison system at the Kit Carson Correctional center in 2001, 24 hours before his release due to improper medical care and neglect of his ailment as a bad sign for a democracy said to be at its peak in the comity of nations.
Brussard noted, “it is sad that up to this day the U.S. justice system is yet to believe that Dr. York was a Liberian diplomat before his arrest and imprisonment in 2002.”
“The USA prison has also declared him mentally unstable because he declares being a Liberian Citizen and appointed Consul General,” she said.
She pointed out that the Bureau of Prisons in the United States has confirmed that Dr. York had a diagnosis of the Hereditary Angioedema disease and began to treat him earlier. Yet, since he was transferred to USP Florence ADMAX in Colorado and given a stringent solitary confinement with a complete disregard of the continuation of his treatment for the disease, York’s legal client said the U.S. will be completely violating her own constitution which calls for fair treatment before the law regardless of the degree of any crime said to have been committed by an individual.
Brussard named Metamorphopsia “Ocular Migraines” (both eyes), hypertension (high blood pressure), asthma and allergies, and other pains syndrome (bad knee pain that calls for the use of wheelchair) as some of the terrible diseases her client is now troubled by.
“Other diseases and unhealthy conditions uncovered from recent diagnosis and investigation, include Syncope (faints/black-outs not sure of the cause, his medication is governed by the prison), gum and tooth decay, muscle atrophy, bad nutrition, lack of access to sunshine and exercise,” she said.
Brussard alarmed that the disease that causes swelling of the major organs of the human body may kill Dr. York quick if care is not taken and his innocence of the crimes levied against him may not be brought to light.
The verdict handed down against Dr. York in 2004 was on federal charges of transporting minors across States for the purpose of sexual molestation, as well as racketeering and financial reporting violations. But having disagreed with the verdict, friends and sympathizers of York have sought out facts and other legal means to disprove the charges against their leader and friend.
As to whether Dr. York truly renounced his U.S. citizenship upon naturalizing as a Liberian citizen and his subsequent appointment as Consular General in in the U.S. State of Georgia, Saqar Ahhah and Den Tut Rayay, two members of the Malachi York Foundation who are presently in Liberia to seek Liberian government’s intervention for the release of York, said their leader satisfied three of the four requirements as set under U.S. law for a citizen of the United States to renounce his or her citizenship.
According to U.S. Code § 1481 – Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions:
A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; entering, or serving in, the armed forces of a foreign state if such armed forces are engaged in hostilities against the United States, or serve as a commissioned or non-commissioned officer, etc.
Ahahh and Rayay said, other than serving in a foreign army, fighting against the U.S. in a military warfare, Dr. York traveled to Liberia and obtained his Liberian citizenship by naturalization, took oath of office in a competent Court of jursidiction in Liberia and subsequently accepted from former President Charles Ghankay Taylor an appointment to serve as Consul General in Georgia, USA.
“He has been a Liberian diplomat since the close of 1999 up to the day he was arrested and imprisoned,” Aahahh to the Daily Observer.
In so doing, Ahhah and Rayay, presented the Sixth Liberian Circuit Court’s judgment and a letter written to Dr. York from former President Taylor, appointing him to the post of Consul General with a clear reference that he is a Liberian diplomat and not guilty of the charges levied against him in the U.S.