Born Guilty ©

Garry Davis

"Of relative justice, law may know something. Of expediency, it knows much. With absolute justice, it does not concern itself."

Justice Oliver Wendell Holmes

"The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposd to maintain, to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, wthout risk , to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.

Frederic Bastiat, (1853) The Law, ISBN 0-910614-01-6

Shirley Farida Kermali first called me at World Government House in South Burlington, Vermont, in early July, 2001 from the Canadian Immigration Detention Center in Mississagua, Ontario, where she had been arbitrarily confined for over six months. Shirley is a life "member" of an immense population of individuals throughout the world who were born "illegitimately"—her mother was raped—and she was never registered by national officials. In brief, she has no national birth certificate therefore cannot "prove" to national immigration authorities where she was born.

For national immigration departments, she does not legally exist! She is therefore classified as an "alien."

"Please get me out of this prison," she implored. "My husband has cancer and needs me. We are the same blood type. We live in Ozone Park, New York. I was born in St. Croix, Virgin Islands but can't prove it. The Canadian government won't release me and the US Immigration at Niagara Falls won't let me return home. I'm going crazy here. Please, please help!"

This all began in November, 2000, when she left her home on Ozone park NY for a one day business trip to Canada. When she tried to return to the US at Niagara Falls, she was refused reentry: no birth certificate. Besides, said the inspector, "You don't look like an American!"

Shirley is a Blackfoot Indian whose Indian name is "Soaring Eagle." She is an evangelist taking care of the homeless and recovering drug addicts at her two houses in Ozone Park, NY. Her husband, Shaun Perkins, is also a Blackfoot Indian, born in the US.

While in the Canadian prison, Shirley had heard of the World Service Authority and its documentary service. She applied by mail to its main office in Washington, DC and received the application forms for world citizenship, a World Passport, World Birth Certificate and World ID Card, all sanctioned by articles in the Universal Declaration of Human Rights. The applications that she returned to us were certified by her and notarized that she was born at St. Croix, Virgin Islands, which would make her a US citizen at birth.

Her detention without charge was a direct violation of Article 9 of the UDHR: "No one shall be subjected to arbitrary arrest, detention or exile."

On July 10, 2001, I wrote a letter to Queen Elizabeth, informing her majesty of the flagrant violation of this article in Shirley's case. As the titular Head of State of Canada, the queen is responsible for Canada's adhesion to the United Nations' Charter which enjoins all member-

states in Article 55/56 to "observe and respect fundamental human rights…" A copy of my letter was addressed to the Right Honorable Adrienne Clarkson, Governor-General of Canada, (the queen's spokesperson in Ottawa); to the Canadian Prime Minister, Jean Chrétien; to Mary Robinson, UN High Commissioner for Human Rights; and to Katherine Simmy, the presiding immigration judge in Mississagua.

Shirley was released under bond within 48 hours.

She immediately tried once again to reenter the United States at Niagara Falls. The same inspector threatened her with incarceration "for life" if she showed up again.

Desperately, she telephoned me to somehow get her back "to US soil" so she could present her case directly to US immigration. In the meantime the Canadians who put up the bond were preparing to exploit her in the media.

At the time, I did not know that she had been taken in a boat at age 3 to Trinidad to be brought up in a foster home where she was raped by the father at age 14 forcing her to flee Trinidad for the United States with a false Trinidadian passport. Nor did I know that she was already considered by the INS an "alien" with a history of a conviction in New York State as an accomplice of her former husband for "counterfeiting." All these sordid facts came out later after I flew her on August 1, 2001 from Dorval Airport, Montreal to the Burlington International Airport in the Navion,"World Government One," our government's miniscule airforce.

After landing, and taxiing to the customs building, we both entered and I signed us in as "United States citizens."

She was immediately detained in prison by the INS as an "alien" where she remained for 11 months while the airplane was seized as the "defendant" on a charge of "knowingly smuggling" an "alien" into the United States, a federal felony. Immediately after the seizure notice, I petitioned the INS for a return of the plane ("remission" ) claiming that Article 13(2) of the UDHR provides that "Everyone has the right to leave any country, including his own, and to return to his country." Moreover, the "defendant" had only flown her to the port of entry with no attempt of "smuggling." We accepted Shirley Kermali's assertion in good faith that the United States was her "country." The Assistant United States attorney, James Gelber, wrote in return that the government was willing to return the plane under "mitigation" proceedings upon the payment of 10% of the plane's asessed price of $45,000. As long as Shirley remained in prison, I replied, I could not accept that I was wrong in flying her in as it was the only way for her to be returned to her home country.

Finally, after six months, during which the plane was "imprisoned" in a hangar at the Burlington Airport, Mr. Gelber wrote that the government would return the plane to me pending the outcome of the case, the only condition being that it be fully insured against liability. And so it was until the gas tank corrosion was discovered following its required annual inspection rendering it unflyable according to FAA regulations.

The good news is that after spending 11 months in the Portland, Maine city jail, Shirley is back home with her husband, Shaun Perkins in Ozone Park under a "humanitarian parole" status. The bad news is that the U.S. District Judge J. Garvan Murtha denied my petititon for dismissal on December 17, 2002 and awarded the US Government a "summary judgment" against the Defendant, "World Government One."

The United State government therefore has legally acquired the World Government's Airforce 1963 Navion, N2428T, "World Government One."

Was justice served or was the law served?.

The INS still claims that Shirley is under deportation orders though there is no nation to which she can be deported including Trinidad which has already denied that she is a citizen of that country. She has a hearing before an Immigration judge on January 31st in Boston. Lacking proof that she was born in St. Croix despite her husband's many inquiries there from people who allegedly knew of her birth, her only legal recourse now is to claim asylum in the United States in effect relinguishing her unproven claim of a US birth. As for the former conviction, it is moot having been settled in July, 1993 with a fine and probation for 3 years.

What is to happen now? The Navion, (2428T) "World Government One" sits parked in a field at Rutland Airport with a corroded gas tank thereby unable to fly under FAA regulations. In 60 days, if I do not appeal the court's decision, it will be turned over to the US Marshall's service.

Will the US government auction it off? And if so, where? Will the government strip it of its wings then truck wings and fuselage to south Texas where the INS has an airplane "morgue"? I do not think the US taxpayer who would foot that bill as well as the cost so far of the legal proceedings would consider that a viable alternative. If an auction is held, I will ask the public not to bid in order that our world government through the World Service Authority can buy it for $1.00.

If I can raise the necessary court expenses, I intend to appeal the lower court's decision.

The moral of this story is that the law and justice itself are light years apart. The US government does not have to justify its charge of "alien" applied to an individual. The proof of citizenship is the burden of the individual so charged. In Shirley's case, born "illegitimately," she was "guilty" simply by emerging from her mother's womb. Her legal troubles, unbeknowst to her, thus innocent, began at that moment. In short, the word "alien" used indiscriminately by all nations to define anyone "outside" its alleged sovereign jurisdiction is a catchall by which the powers-that-be can impose their juridical will on humans caught in a legal conundrum like Shirley Kermali's literally at birth. We humans, arriving from the "womb/space" to the "earth/space" are all innocent at birth. To be considered "illegal" or "alegal" for lack of a national birth certificate is a flagrant refutation of Justice itself which by definition is universal and absolute.

The UDHR's first article asserts the legitimacy of a human birth:

"All human beings are born free and equal in dignity and rights. They are

endowed with reason and conscience and should act towards one another

in a spirit of brotherhood."

The primordial justice question we must all ask ourselves today: Is humanity itself, the multiple of all humans, legal or are only the fictional nation-states? On the answer depends the survival of the human race.


World Government House

5 Thomas Circle NW

Washington, DC 200057

Tel. (202) 638-2662

Fax: (202) 638-0638