Violation of human rights: Crime of transporting illegal substances
This is a discussion on Violation of human rights: Crime of transporting illegal substances within the Doing Business in China forum, part of the INTERNATIONAL LAW category; Dear reader, My name is john martin Fleischer, I am South African by birth, with id number 710125 5234089, I ...
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|Dec 2nd, 2007, 08:37 PM||#1|
Join Date: Dec 2007
Violation of human rights: Crime of transporting illegal substances
My name is john martin Fleischer, I am South African by birth, with id number 710125 5234089, I currently in Peru completing time of parole for the crime of transporting illegal substances(cocaine) and have to complete this until November 2009. The problem I have is not completing my sentence or having to stay in Peru, but how I am doing this and why it is difficult for me to do this.
I was captured on the 26 of February 2003 in the airport Jorge Chavez, Lima, Peru, with just over 2 kg of cocaine hidden in my bag. I then was jailed for this crime, my first ever crime, that I promise, and was sentenced to 6 years and 8 months imprisonment. The Peruvian justice system released me for good conduct after 30 months. The Peruvian jail system is no joke and life inside is very, very difficult, especially if you don't have funds to buy goods. It's a system where drugs are more freely available than food, and having seen many bad, bad things, I tried to remain sane and healthy. Learning a language which is totally unfamiliar to me and not having any tutoring. The English/ Spanish dictionary and the will to learn. I worked in the hospital and was at least considered to be one of the good guys. I am totally convinced that all the inmates with me, we where over 230 in a place build for 58, would anonymously agree that I am a good person and my intentions where always to help. I took care of the sick and the lame and everybody that needed medical assistance. I was very well respected by the Peruvian jail authorities. I had some freedom of movement, more than most people, because I wanted to help and I fought against injustices. In a way I think they released me before my time, because they got sick of my whining over what is there and not.
On a very fine day, the 25 of November 2005 I was released and basically did not know where to go and where not to go. I had 15 soles in my pocket and hope like hell. All I wanted was to retake my life. And I was about to do just this. I could be now at least defending myself against the Spanish. So heading in a destiny unknown I set out into Lima. And wow what a city. It s bigger than Japan, or at least to me it seemed to be. (Not that I know how big Japan is or ever been.) I ended up in a suburb called Santa Rosa, Callao, where I found a family that gave me lodging. At a price of course, and as time went on the price went to the skies, and beyond when they wanted me to carry the drug again. I fled from there. There also I met Rosmary Escalante Lopez, mother of my baby and the woman I loved, and hurt.
From the beginning I saw many difficulties and what is worse is the fact that these obstacles are being set by a bunch of people that has no right in doing so.
After one is released from jail the Peruvian government or the justice system returns your passport to you, but you have to apply for a permit of residence by exception. The exception being that the person or me is completing a sentence and have to stay in the country until due time that he can leave. That I was told by the South African embassy and the Peruvian authorities. And that I did. I currently have in my possession this permit, which gives me the right to work and transit in Peru until the date of my extradition in 2009.
I never applied to receive my passport as to the fact that I knew what state it was in and it would have been totally senseless in asking for a document that was totally destroyed and beyond that being a temporary passport had expired many, many years ago. So I turned to the South African embassy to help me in renewing or giving me another passport. I was then told by them that by no way I could get a passport from them and that the onus lays with the Peruvian authorities in issuing me with all documentations that I need to finish my time here in Peru. I then returned to the Peruvian authorities and was told by them that they could in no way furnish me with identification documents, for the simplest reason. I am not Peruvian, which makes a little bit of sense.
Going around to different places and speaking to different people, making somebody try to see that I have no identification is my problem. I have tried to convince the South African embassy that I need a passport as it is the only legal document for a foreigner in Peru. And that they the South African embassy can put restrictions in this document so that I cannot escape, as they are afraid of this. This could be over come by stamping all the pages, "not allowed to travel with this document". Instead of helping me they have verbally threatened me that if I ever ask for documents again they would personally embark into getting me thrown into jail. (The South African police services guy in front of Judith the South African embassy employee). Of late I am not even allowed to enter the building of the embassy. I swear that I have never ever done anything bad or wrong there, I am allowed to voice my rejection of their treatment towards me. And I do this in a most civilized manner. Many times I have thought bad things, but God is my strength and I cannot see myself going back to jail ever in my life.
So the South African embassy is out of bounds for me, and maybe you the reader ask why other South Africans are not having this problem. The Peruvian justice system gives back your passport, thus no problem having no identification. and most fellow countrymen have found a way of escaping, because their families can afford to send money. Unfortunately I have not got that luxury, so I must make my way through, myself.
In all this time i have asked to have the documentation that supposedly comes from the south african government, which states that i am not allowed to have identification documents, but i get ignored and well thrown out into the streets. This from a democratic bunch.
The worst part lies ahead, fate has now made me the proud father of a very, very beautiful baby girl, a baby that came through an unwanted pregnancy, whom we called Christina Alejandra Fleischer Escalante. She is so sweet and pretty and i have added a photo of her, so that you can see how innocent she is. She is only 5 months old and she does not deserve this bull****. She was 2 months old and became very sick. She was coughing non stop and we did not have any remedies. She had more medicine than clothes. We took her to all that is a hospital and clinic and spent alot of money on having no reply. The doctors here are not so professional and the verdicts differed from having asma, alergies, to being naughty and coughing to get attention. That day i felt i could slap a face. Anyway her mother took her to Ayacucho, where the climate is not so humid and by the grace of God she became well. She is growing very fast and is wearing clothes for 1 year old kiddies, although shes only 5 months old. The south african government, nor the embassy has once offered to assist us.
The south african embassy/ government has taken away my identity and i have consulted with many entities and all have the same answer. The south african government is violating my basic human rights and have no right to judge and punish me for a crime that i commited in another country.
Although everyone of these entities are imparcial in their dicision that the south african government and embassy are acting far out of their boundries, it seems that no one can do anything against them. It seems that they are the untouchables.
I myself have tried on various occasions tried to get the embassy to give me documetation, something in writing that says; " look ape you are a unwelcome guest in our country and for this reason or that we dont issue you with a passport, not even a passport that have restrictions, for example having a passport that says this document is only to be used here in peru and cannot be used for traveling."
The defensoria del pueblo: i have consulted with this entity and had then phone and verbally spoken to the embassy and afterwards i was told by Doctor Jose Avela, Asuntos Penales de la defensoria del pueblo, that there is nothing they could do to persuade the embassy, because it is a external matter, in which the peruvian government cannot interfere.
The immigration department peru. I have after the south african embassy have assured me that my problem is with this entity and not with them, as according to the south african embassy, exist some kind of accord between them,(peruvian and south african governments) that i cannot receive a passport as i can use this document to escape. This is very senseless as the fact of the matter is that the peruvian government issues all foreigners that goes onto parole, with their passports. Why should they do this, i cant help asking myself. So that all the foreigners can escape maybe.
I investigated the matter futher and i found out and have documentation given to me by the peruvian department of immigration, that there exists no such thing as a treaty between south africa and that the peruvian government does the sensefull thing. They issue our passports, for the reason of documentation and identification. That the document issued by them is what it says it is. A stay permit, nothing more, it cannot be a identification document, for the most simplest reason, that i am not a peruvian.
But then again the embassy is still at telling me that these people have all the blame. So i went to see the director of this place and after a very long wait i was allowed to have an interview. I got told by this man named ------------------------------------ that they south african embassy is totally absurd and that the guidelines sent to the embassy contains pricesely what must be done to my passport, and that same passport must be stamped by them and that i could never ask for them to give me identification documents. And furthermore that there is a possibility that i could change my immigrations status and even maybe get so far as to get citizenship if i marry my girlfriend, mother of my child. Something that cannot happen, because i dont have identification documents.
the south african human rights commision
i ve added half a document called the verdict of the south african, the other half got lost in the internet through a transfer of files, but i am pretty sure that the half that remained is due for corncern.
It started like this and I i quote "want to state before hand according to a discussion that I had with mrs ntutu a representative of the south african embassy after receiving this letter that the south african embassy in lima is awaiting the approval of the office in Pretoria south africa and not the peruvian authorities as stated in this letter. "
And then the letter folows to tell me that the peruvian government does not permit me to have documentation. Very confussing if you understand that they have had all the evidence and did nothing but believed in their comrades.
I added it as document " verdict of the human rights commission" it is in a format that i dont understand, so please if you open the document you need to clic on each page once to open it.
now we all know that south africa is doomed as a country of violance and racism etc. Now this is where i want to raise the question is this not racism or part of racism. We all know that the black person has now gotten power and wants revenge of 30 years of suffering and bloodshed(something i personally had nothing to do with, i was to young)
but now i find i only get to speak to black people and it seems they want to tell me yeah boy suffer white scum. I get that message very clear.
The south african press
Trying to get their attention for almost 3 years and well i think they all went on vacation because i keep on getting emails from their desks saying" mr. So and so is on vacation from date to date" or maybe is it because south africa has worse problems than worrying about a drug mule that is starving of hunger with his family in peru .
The south african embassy
After 2 years i have still to receive from them where is it written that i cannot have documentation and why does the embassy take the matter so personal as to give me another sentence. Am i not being deprived of my citizenship. And why do they seem fit to threaten me with jail. More so why cant i enter in the building of the embassy, what have i done wrong.
This is a south african based entity that supposedly are to help south africans in foreign jails, but then again we all know that establishment of this organization was only as a fund raising matter for a family member of the creator that was in jail here in peru, at least i know who he is. And then they sent me such encouraging letters to shake me off. Well my response to them would be that their family member that was supposed to finish his parole time here, escaped to south africa, after he stole drugs from people, who he supposedly was going to carry for and that if i was to be them, i would keep a low profile and keep my family member savely guarded. We all know these people that invest in this bussiness are all a bit crazy and can do some stupid things. Added letter by one lucy.
Please anybody with a little bit of heart and some faith in justice help us we are suffering and this is all so unfair. Cant you understand that i have commited a crime and i paid for it and i want to live my life and feed my child and give her a future. And clothes and my name. I beg the world to consider this and see the injustice and cruelity by an entity which has no say in the matter. Not one stipulation of my sentence tells me i cannot work or live a normal life but the south african embassy.
And if i go back to jail is because i have interfered with the embassies affairs. I do complete all my duties as a parolee and have done so for all this time, please we need help...........anybody............................ .......
|Dec 3rd, 2007, 12:04 PM||#2|
re: Violation of human rights: Crime of transporting illegal substances
My friend, thousands of people post their questions and needs in this forums, but your is so long, next time , just go only with the facts and questions otherwise none would have the time to read all of what you have been posted. Nevertheless I read all your paragraphs.
In your unique and complex case, I recommend you to find the offices of the United Nations in the country that you are residing and explain them what your situation is. They have the right to help you and you dont have to pay a penny for their services.
The United Nation duties are to promote, promulgate and make sure that all members (countries) exercise the Human Rights. In my particular opinion you case falls under Human rights situation.
I also recommend to you to keep yourself out of the mission that represent your country for the time being and let the United Nation handle your problem, doing this you will save a lot of time and future problems. Later or soon you would have your passport without restrictions and you can travel almost freely. But remember, because your case involves Trafficking Controlled Substances you will be entered in a International Database, for what you may present problems in requesting visa to visit other countries. What they can not denied you, is to return to your country of birth.
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