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Councilmember Ruggles Puts Hawai‘i State Judges on Notice

October 10, 2018, 12:17 PM HST (Updated October 10, 2018, 11:24 PM)
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Council Member Jen Ruggles. Courtesy photo

Councilmember Jen Ruggles released a letter on Sunday, Sept. 23, 2018, that she says she sent to all Hawai‘i Circuit Court judges meant to advocate on behalf of protected persons in foreclosure proceedings.

Ruggles says “Article 46 of the Hague Convention IV provides that ‘Private property cannot be confiscated,’ and article 47 of the Geneva Convention IV provides, “Pillage is formally forbidden.”

Ruggles referred to the United Nations Human Rights Independent Expert Dr. Alfred deZaya’s memorandum that had been sent to Hawai‘i State Judges in February of this year that stated, “The State of Hawai‘i courts should not lend themselves to a flagrant violation of the rights of the land title holders and in consequence of pertinent international norms. Therefore, the courts of the State of Hawai‘i must not enable or collude in the wrongful taking of private lands, bearing in mind that the right to property is recognized not only in U.S. law but also in Article 17 of the Universal Declaration of Human Rights…”

Ruggles wrote that “The ‘wrongful taking of private lands’ by lenders, through the circuit courts of the State of Hawai‘i under foreclosure proceedings, appears to be the war crime of pillaging and that it appears the courts are complicit in a war crime by ‘enabling and colluding in the wrongful taking of private lands.”

The press release noted that “before lenders loan money they require the borrower to mortgage their real estate as collateral to secure the repayment of the loan. In order for the lender to accept the mortgaged property as collateral, the lender requires the borrower to also purchase a loan title insurance policy for the protection of the lender. The title insurance covers the full debt owed under the promissory note.”

“As an agent for the United States I am bound ‘to ensure respect for the Convention in all circumstances, and, therefore, call upon you to cease and desist ‘in the wrongful taking of private lands’ from protected persons that are under foreclosure,” Ruggles wrote, “the lender is protected under the loan title insurance policy that was purchased by the borrower as a condition of the loan. As such, there is no reason to have any foreclosure proceedings in the first place…”

Ruggles finished the letter by stating, “This letter serves as knowledge and ‘awareness of the factual circumstances that established the existence of an armed conflict’ between the Hawaiian Kingdom and the United States, the application of the HCIV and GCIV, and the protection afforded to protected persons.”

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Ruggles sent the letters via certified mail and says she’s verified every judge across the islands received her letter on the Big Island and O‘ahu on Sept. 25, Kaua‘i on Sept. 26 and Maui on Sept. 27.

Councilmember Ruggles will be holding a town hall on Oct. 15, at 6 p.m. at the Kea‘au Community Center to provide copies of this letter among the others she has sent and will be sending.

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