It’s the view of District Court Judge Elvis Patea that Samoa’s Consulate Office in American Samoa is trying to dodge his orders regarding citizens of Samoa to be returned to Samoa, in a sneaky back door way.
The judge had subpoenaed Samoa’s Consul General Fonoti Etuale Ioane, American Samoa Attorney General Talauega Eleasalo Ale and the Deputy Legal Counsel to the Governor, Alema Leota to a hearing this morning concerning two convicted citizens of Samoa whom the court has ordered to leave the territory.
However after several months the court’s orders for the two, Keneti Filisi and Papu Ioane, to depart the territory have not been enforced because they don’t have travel documents.
The AG and deputy legal counsel to the governor were in court this morning but Samoa’s Consul general wasn’t.
Judge Patea observed that for convicted citizens of Samoa with passports or those whose documents have expired and their sponsors or relatives here obtain travel documents for them, there are no problems following an order of the court to leave.
But he’s noticed that for those defendants where the sponsor has died or is no longer living here and relatives in the territory don’t want to process their travel documents, resulting in the local government getting involved in obtaining passports or CI’s for them, there are hurdles.
He said the Consulate keeps changing the requirements when it’s the government applying for travel documents for citizens of Samoa.
First there are standard applications forms, photo and fees and then the Consulate started requiring a copy of judgment and sentence of the court,” said Patea. Adding that three or four weeks ago the Consulate asked for some sort of evaluation of the convict. Patea said he didn’t know whether this was a medical or psychological evaluation.
And just last week, according to the government’s information to the court, the Consulate was waiting to verify if the defendants’ family in Samoa wants to take them back.
Judge Pates said none of these last requirements were made of defendants who had travel documents or their families applied for their documents. Only those whom the Attorney General’s Office or Immigration gets involved in.
Patea said he had advised the Assistant AG to involve the Attorney General, the Governor’s counsel and the Governor’s Office to see what the procedures are for processing travel documents for Samoan citizens in order to comply with the court’s orders to have then returned to their country.
Assistant Attorney General Jay Mitchell submitted a copy of a letter that AG Talauega received from Samoa’s Attorney General stating that the Consul General of Samoa has diplomatic immunity which exempts him from having to appear in court.
Attorney General Talauega told the court he was in a difficult position, as he understands the authority of the court but at the same time he also understands international law.
He said the situation with Samoan citizens was an ongoing issue that they have been trying to deal with, with the Samoa Government.
The AG pointed out that Samoa has adopted a set of rules to stop a wave of expat Samoans being deported from countries like the US, Australia and New Zealand. And Samoa is applying the same rules to their citizens living here.
He said they have been trying with the Office of the Governor working with the Prime Ministers Office to work out a set of rules to deal with such cases, as many of those being sent back came on 30 day permits.
Judge Pates referred to an attachment in the correspondence from the Samoa Attorney General and asked the AG if he was aware that the US State Department had endorsed the Samoa Consulate Office in American Samoa with diplomatic immunity status. The AG said he did not.
Patea said he thought the Consulate Office for Samoa existed because of the talks between Samoa and American Samoa and it would have been nice for the court to be made aware of the State Department designation of the Samoa Office. He did point out however that the court’s orders are being questioned and he didnt appreciate that.
One of the convicts has now been issued with travel papers while a passport for the second one is awaiting payment of the fee by his family.
Judge Patea said at the end of the hearing that for six months he has stayed out of the matter concerning travel documents for the Samoan citizens.
However he’s become involved because he felt that his orders have been questioned in a rather “sneaky way” by withholding travel documents by now saying they need to check if families want these citizens of Samoa back.
The judge also suggested perhaps the State Department should be the right agency to deal with sending them back to Samoa.
Patea has set a status hearing for the two cases in three weeks.
