To the Tribunal Administratif de
Mr. Pierre Cotiche, Head Officer of the Atuona Gendarmerie
DRCL, Department of Reglementation and Legal Control, Papeete
Please note our following situation:
We, Erika and Achim Ginsberg-Klemmt, arrived in the Marquesas on our sailboat Pangaea, a German flagged boat, on October 19, 1998. The gendarmerie demanded an immediate posting of a repatriation bond, a visa for Erika after one month and a visa for Achim after 3 months. Gendarm Mr. Cotiche would not deliver the visa without us first paying the bond.
Considering that the woner and captain of the boat, Mr. Klemmt, is a German citizen, he ought to be exempt from paying this bond and the visa following the terms and conditions of the international accords linking France to the Members of the European Community. His wife, being married to Mr. Klemmt for 7 years and having a permanent residency in Germany, should also be exempt from this bond. At any rate, even if the visa were in fact necessary, its obtention cannot be directly linked to the payment of this bond.
CASE OF MR. VAN DRUNEN
Since several years, the Dutch yacht "Ma'at" has anchored in the port of Atuona in Hiva Oa, Marquesas, French Polynesia. On October 26, 1993, over 5 years ago, the owner of this boat, Mr. Van Drunen, Dutch citizen, succesfully defended his case before the Tribunal Administratif of Papeete and received his residency in French Polynesia.
To cite the judgement:
"M. Van Drunen, Dutch citizen [is] exempt from the obligation of visa following the terms and conditions of the international accords linking France to the Members of the European Community..."
Mr. van Drunen has legally left and returned to the territory several times without ever paying this bond. Both the Gendarme of Atuona and the DRCL are perfectly aware of this precedent.
Mr. Cotiche and the DRCL have still not responded after two months, to our registered letters of November 19th. Why?
On January 18, 1999, I spoke with the mayor of Atuona, Mr. Rouzy, with the hopes of receiving a response. He contacted Mr. Jeanjean, General Secretary for the High Commissioner of French Polynesia, and he sent him an entire copy of our dossier by fax. Mr. Jeanjean promised us a response within 3 days. We are still waiting.
In light of these facts, we ask:
1. that Mr. Cotiche and the other officers of French Polynesia apply the law by no longer requiring the bond from members of the CEE, and
2. That Mr. Cotiche and the other officers of French Polynesia apply the law by no longer requiring the visa from members of the CEE.
Nevertheless, they continue to diffuse false informtion and ask for both the visa and bond payment from European citizens. They also refuse to give the visa without the payment of this bond first.
Their attitude seems to be illegal. In light of the above mentioned elements, and in view of the treatment we received by the gendarmerie, we file this suit against Mr. Cotiche, head officer of Atuona Gendarmerie and the DRCL of Papeete.
In order to inform European citizens of the rights in the territory, we have established an internet site which will expose the unravelings of our Judiciary situation:
We await your response.
Our profound consideration,
Erika and Achim Ginsberg-Klemmt
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