TRADITIONAL LEGAL SYSTEM LIMITS EFFECTIVENESS OF CRIMINAL

C O N F I D E N T I A L SECTION 01 OF 03 KOLONIA 000099 SIPDIS E.O. 12958: DECL: 7/7/2019 TAGS: CASC PGOV FM SUBJECT: TRADITIONAL LEGAL SYSTEM LIMITS EFFECTIVENESS OF CRIMINAL ENFORCEMENT MECHANISMS, CRIME A CONCERN CLASSIFIED BY: DOUGLASSWD, CHARGE DE AFFAIRS, EMBASSY KOLONIA, DOS. REASON: 1.4 (b),(d) ¶1. (C) SUMMARY: From April to June American citizens in Pohnpei have reported multiple burglaries, assaults, and a murder. When asked about preventing such crimes, Pohnpei Police Chief Joe Roby comments that Pohnpei's traditional legal systems have limited his ability to enforce the law. Attorney General Scott Garvey (Amcit) goes further, expressing concern that police investigators are not reliable. Although the overall crime rate in Pohnpei seems to remain low, it appears that victims of all but the most violent crimes should not expect assistance from the police. END SUMMARY. Recent Reports of Crime -------------- ¶2. (C) The most recent violent crime against an American in Pohnpei was the June 18 murder of Ronald Kersey (septel). The police were able to capture the murderer, Kersey's nephew D.J. Jeilo, the same night. Two other cases include an April 9 assault on Tamme Jaynes and an attempt by a driver to force bicyclist Dennis Gearhard off the road. Bill Jaynes, Tamme Jayne's husband, and Gearhard both informed Econ/Conoff that they were able to identify the person that attacked them to the police, but that nothing has happened to their attackers. ¶3. (SBU) Bill Jaynes, editor of the Kaselehlie Press, the Federated States of Micronesia's (FSM's) only newspaper, wrote an extensive article detailing the assault on his wife including how the attacker threatened her with a machete and slashed a hole into her car before trying to get in through the window. Mr. Jaynes told Econ/Conoff that what he did not put in the newspaper article was that his wife was able to identify the attacker and that he knew the attacker's name. After the incident the police took in the person that attacked Tamme Jaynes. Mr. Jaynes reported in the press that the police confirmed that the attacker had attacked others the same day and that they know him well because he is regularly involved in assaults. As with previous incidents, the police released the assailant the following morning on his own recognizance. ¶4. (C) During a discussion between Deputy Attorney General Ira Shiflett and Gearhard on June 25, Gearhard expressed appreciation to Shiflett for his efforts in trying to bring his case to trial, but said "at this point it is better to let sleeping dogs lie." During an incident earlier in the year a vehicle "pursued" Gearhard, who was riding his bicycle home. Gearhard explained that he literally had to jump out of the way a couple of times to avoid the driver in the car from hitting him. He then identified his assailant to the police. According to Gearhard, the police took his statement and then interviewed his assailant. The assailant stated he did not pursue Gearhard or try to run him off the road. The police then dropped the investigation. Shiflett separately told Econ/Conoff that Gerhard's description of the lackluster police investigation was generally accurate. He added that despite "heated" requests by his office for the police to investigate the incident and submit a report to the AG's Office, the police have refused to follow up on the case. ¶5. (U) In two separate incidences in May, Amcits called the Embassy to discuss burglaries to their homes and to complain that the police were unhelpful. The Kaselehlie Press also reported on recent break-ins into Kolonia Catholic Church Properties. The priests, including at least one American, living on the property confirmed that their buildings and residences had been broken into on "several previous occasions." Prior to the most recent burglaries, the Church had already taken steps to prevent additional break-ins such as removing ledges and placing bars on windows. ¶6. (U) In one of the cases, the caller stated he and his wife had identified the teenagers that had broken into their home. The police found the teenagers that night and arrested them. By the next day, however, the police released the teenagers with no further investigation. According to the caller, the families of the teenagers talked to their children and then approached the police. After that discussion the teenagers stated they had not broken into the American's home. According to the caller, the KOLONIA 00000099 002 OF 003 police then released the teenagers and refused to investigate further. Police and the Traditional Response -------------- ¶7. (C) Econ/Conoff discussed each of the above mentioned cases with Pohnpei Police Chief Joe Roby on June 19. Other than the murder of Kersey, Roby was unaware of any of the cases and asked for the Embassy to provide additional information so that he could investigate further. Roby went on to speculate on how the families involved may have resolved the cases before they came to his attention. ¶8. (C) The FSM Constitution states that no law shall infringe on each of the states traditional systems, which includes law enforcement. In most cases, if the perpetrator or their family apologizes to the victims the investigators will not pursue the case. It is then up to the families involved to determine the appropriate punishment, which police then consider an internal family issue. (Note: Along with the family determining appropriate punishment, anecdotal reports indicate that law enforcement authorities ignore child abuse claims because disciplining children is a "family issue." End Note.) If the children involved apologized for breaking into someone's home, investigators may drop the case. Per the traditional system, the case is resolved. ¶9. (C) Conoff asked Roby to describe what would happen in the murder case and how the traditional system of apology would play into the court case. Roby stated that in a murder case the Pohnpei's traditional legal system will not play a role in the case until the sentencing stage. ¶10. (C) Roby commented that the case involving the murder of Kersey was straight forward, including a confession. He added that he expects Jeilo's side of the family to go through the traditional apology process. Everyone from the attacker's side of the family will attend the funeral of Kersey and will pay proper respects. Jeilo will then apologize directly to the victim's family. It is then up to the victim's family to accept the apology or not. (Note: The implication being that if an attacker's close relatives followed the traditional system properly, expectations are that the victim's family will have to accept the apology and the ensuing light punishment for the defendant. Shiflett estimates that Jeilo will eventually receive a sentence of approximately six years. End Note.) AG: Police Investigators are Unreliable -------------- -------------- ¶10. (C) During a June 19 meeting with Pohnpei Attorney General Scott Garvey (Amcit) and Shiflett, Garvey confirmed that State's reading of the Constitution protects traditional practices. He further confirmed that those practices were sometimes at odds with his office's law enforcement efforts. Econ/Conoff commented that the perception among many in the American community was that if they were a crime victim, they were often on their own due to the lack of support from the police. Garvey countered that that was not just a perception, but a reality. He stated that Amcits or expats in general were not targets of the lax police enforcement, but that police investigators were just generally not reliable. ¶11. (C) Garvey stressed that the traditional system was only part of the problem. If people go to their traditional leaders to resolve a dispute or if it at least appears that families are doing so, the police don't have to do any work. Shiflett commented that when a victim makes one claim and the accused make a counter claim, investigators tend just to decide that they can't decide who is telling the truth and end their investigation. He then highlighted the Gearhard case, stating KOLONIA 00000099 003 OF 003 in his estimation there was clear evidence of a crime and possible an assault. The police due to other incidents also know the accused. The AG's office has repeatedly asked the police investigators for a report on the incident, but beyond a comment that the two people involved have different stories the police will not submit a report. The AG cannot move forward on the case without an investigation. Comment -------------- ¶12. (C) The crime rate in Pohnpei appears to remain low, but an accurate accounting of criminal incidences including assault is unknown due to the traditional dispute resolution mechanism and police laziness. Victims often do not report crimes to authorities or investigators drop the cases before formally reporting on them. Many Pohnpeians, including police, seem to also dismiss many alcohol related crimes as unintentional acts. Mr. Jaynes went so far as to release an editorial criticizing how Pohnpeians forgive "drunks" for their crimes simply because they were drunk at the time they committed the crime. Bill Jaynes has commented to Econ/Conoff that this maybe one of the reasons why the case against his wife's assailant was dropped by the police, despite the assailant being a habitual drunk. Although only anecdotal, when taken into context with the AG's and Police Chief's lack of faith in police investigators, an official low rate of crime clearly does not mean an absence of crime. More importantly, visitors to Pohnpei should realize that if they are a victim of all but the most violent of crimes they should not expect assistance from the police. END COMMENT. DOUGLASSWD