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Balinese police are so corrupt they even plant drugs on innocent
foreigners in order to extort money from them (source: a now former
European consul to Bali).
Bali's police have proven themselves incompetent to the point
of ridicule, but it is not funny as safety and liberty depend
on them.
Indonesian police are renowned to be interested only in extortion
(along with untenable pride) and to be in league with an equally
corrupt judiciary (source: Transparency International) to the
extent that justice does not exist within Indonesia. They are
endemically unlawful yet because they are appointed officers of
the law and account only to themselves, they are above the law
and with it a nasty, dangerous risk to all and a cancerous blight
on Bali.
The more I discover about the Balinese police, the more I come
to understand the most prolific criminals in Indonesia have brown
uniforms.
It costs an Indonesian citizen (who has to come from a family
trusted by the police in the first place) 20,000,000 Rupiah to
become a police officer cadet in bribe money, why? Is it the burning
desire to perform a public service, or to get at the tiny monthly
salary? No, the reason nasty Indonesians (including nasty Balinese)
pay around US$2,200 ($2,900 AUD) to get a brown police uniform
is because of the money they will be able to extort from people;
fact. Up to 1999, the Indonesian police were part of the TNI,
the Indonesian armed forces. The TNI only get 33% of their operating
budget from the civilian government, they are expected to "earn"
the rest elsewhere; fact. This means every police officer (all
senior police officers) who joined the Indonesian police prior
to 2000 did so knowing they had to extort money from people in
order to survive. The separation of police from army has meant
an increasing conflict of "business" interests between
them (sick, isn't it?) which has resulted in regular gun fights
between the TNI and police; fact. Senior officers continue to
pay bribes to their superiors in order to be promoted / posted
to what are called "wet areas"; areas where they can
extort / make more money.
The reason why Balinese police are so ineffective at preventing
crime such as foreign children as young as 3 years old being raped
in their luxury 5 star Nusa Dua hotel crèche and sent home
with gonorrhea (yes, really), the rampant robberies and murders
on Bali, widespread child prostitution and terrorism is; a) lack
of training, b) lack of motivation, c) having to split their time
between policing and money making; in fact, many brothels in Indonesia
are operated by the police. The police are so bad at their stated
public service job that they appoint "pecalangan" (village
vigilantes) to "police" local neighborhoods; the trouble
is these murderous pecalangan commit summary murders and other
crimes in the name of law enforcement. Local Laskar (youth mafia
aligned to the Golkar party) provide drugs and "security
services" (including assassinations) with impunity and often
in league with the police, in fact it is a local Balinese joke
that the safest and cheapest place to buy drugs is Denpasar jail;
fact. Local hotel groups are forced to try and shore up gaping
holes in anti-terrorist security by hiring private security companies
(that's right, murderous Laskar) because the police can not protect
such a small island. Infiltration into Bali by the terrorist group
JI (Jemaah Islamiah) is made easier by the fact the Indonesian
Government has refused to outlaw them; fact! In fact, many security
experts cite the divisions in the TNI (army) between Islamists
and secularists loyal to Golkar (Suharto's party) as lending credibility
to the theory that elements of the TNI actually built the Bali
2002 and 2004 bombs; fact. You see, TNI's Islamists tend to get
sent to "dry" areas where the militant Islamic community
reside and any bomb attack on Bali only hurts the Golkar loyal
TNI elements and police, plus despised Hindus and foreigners;
fact.
Now you know all about the Balinese police, let me tell you of
my personal experiences with them.
My nasty competitor in Bali, John
M Daniels of Bali
Discovery Tours Sanur who has incited through well documented
collusion / corruption the bent police of Bali to act against
my civil and human rights, claims I have vowed to hurt Bali; actually
I have vowed to put him, three former police chiefs and two other
senior police officers in jail one day for their acts and have
only apologized to the everyday people of Bali for the hurt this
process might cause them. I will provide a synopsize of the total
unlawful police acts committed against me below, but I have also
detailed specific and substantiated details against each of three
former Balinese police chiefs including two of their subordinates
here; Budi Setyawan,
Made Pastika and
Soenarko Ardanto.
OK, I do not expect one of if not the world's most corrupt criminal
justice systems (source: Transparency International) to act any
day soon, especially as Indonesia continues to avoid the key elements
of the International Convention on Human Rights that actually
allow individuals like myself to file a complaint with the UN
appointed body not with Jakarta, but we all have to live in hope
and the act of naming and shaming those involved helps bring forward
the date they can be held to account.
Before on my about me (Mark Austin)
and Bali experiences pages I detailed
the events by which I emailed business contacts in Bali who, in
October 2002 after the JI terrorist network Kuta bombings had
assured me that police security was so tight there now according
to the authorities Bali was the safest place on earth, convinced
me to travel to Bali as a sign of support for the island. My email
(you can read it here)
detailed how I had seen the reverse. My comments were extremely
well intentioned and received to the point many of my contacts
asked if they could take the email to security meetings with the
authorities; I said "yes, of course" as I wanted to
help avoid another terrorist attack both for the sake of tourists
and the Balinese economy. Unfortunately that lead to a copy of
my email getting into the hands of JM Daniels who abused it into
a false, malicious and highly unlawful police complaint against
me; you see, just a few weeks before my company caught Daniels'
Bali Discovery Tours offering unauthorized unsustainable hotel
room rates on the Internet which he was forced to removed.
Before I tell you the story of what happened past that, let me
just add I feel totally vindicated by my criticism of the Balinese
police and their ineffective even inept security by the subsequent
2005 Bali bombings. Not only did yet more Balinese and western
tourists lose their lives unnecessarily, but Bali's tourism industry
and with it economy suffered much more as a result of a repeat
than the original bombing. Are the Balinese police to blame in
part or whole for the second bombing? I am sure yes, absolutely;
all the Balinese police I have met are about is corruption, acting
unlawfully and extortion not about law enforcement. If you have
any doubts ask yourselves why Bali's tourism industry openly admits
(markets) appointing local vigilantes to patrol the streets (source:
Bali Discovery Tours). This frightening admission aligned with
the fact the Indonesian Government have not outlawed the terrorist
group (JI) responsible, plus statements the bomb makers were helped
by the TNI (Indonesian military) including claims by one former
Indonesian president, does nothing to suggest the Balinese police
did what they could or should have done to prevent the second
bombing. Of course my email about what I saw after the first terrorist
attacks in 2002 is not flattering, nor could it have been, but
it does not make me guilty of spying and / or criminal libel.
The fact the police acted as they did against me simply shows
I have hit the nail on the head in that the Balinese police are
corrupt and inept from the top down and only show their Freudian
slips like criminals do when challenged.
After sending that email my Balinese wife who was then heavily
pregnant convinced me it was a good idea to go to Bali to see
her family (which I did not do before) as she was unable to go.
As I did not frequent the tourist areas anyway and travelled either
by Thai or Singapore Airways who were both implementing stringent
security themselves at airports (having their own security make
sure baggage was not interfered with, etc.) I agreed. I made the
mistake of being an open person about my travel plans on travel
forums which my competitor Daniels watched like a hawk; it was
easy enough for anyone to know which day I planned to fly back
to Bali on and even which airline. When I next returned to Bali
in December 2002, I was followed, stopped, detained and had my
passport confiscated by the Balinese police. Their acts were unlawful
(as confirmed by the British Embassy and subsequent lawyers) and
their investigation was unlawful; they knew they did not have
jurisdiction (over what I wrote on the Internet), nor did they
have any criminal codes to provide due cause (the police recorded
“The Bali Recovery Program” as the criminal code which
authorized their actions; that program though is not a criminal
code but a reconstruction program which did not give any them
new powers / duties). The investigation was instigated as a result
of an unlawfully made complaint (complaints have to be signed
– this one was not, it was made through collusion), the
investigation was unlawfully conducted in that the police asked
questions they were not entitled to about unrelated subjects (about
how much money I had), the investigation was also unlawful in
that the police tried very hard to get me to sign a statement
in Indonesian (I do not speak Indonesian) without a registered
translator there to tell me what I was actually agreeing to; the
police then lost the original unsigned statement when a registered
translator was brought in a few days later. Pus the police confiscated
my passport for 5 days when they had no right under law and despite
my demands to have it returned (they got it from me on the pretence
they were just going to make copies of it and then refused to
give it back) (the police can only seize a person’s passport
if they have been charged with a crime – I had not).
During the course of their unlawful investigation against me
it was made clear they had somehow managed to get a copy of the
original loan agreement between me and my friend to finance the
villas he built in Bali. As this was done covertly without a court
order, the police basically either committed burglary or obtained
it through extortion / collusion (as I suspect) with the legal
advisors who kept a copy of it (although they deny this of course).
I was also told by the senior detective that the police were investigating
me for spying and that spying carries the death penalty in Indonesia;
that was a threat and intimidation. During the course of the investigation
the police allowed me to see the contents of their investigation
file including hand written and printed details from Jack Daniels
of PT Bali Discovery Tours (my original email which had been falsely
translated into Indonesian by Daniels, plus details of which flights
I was likely to arrive into Bali on), who they confirmed was the
complainant. It was only after the British Embassy intervened
was my passport returned to me and I was allowed to leave Indonesia.
When I got out I published the full details of what had happened
and named Jack Daniels / PT Bali Discovery Tours as the complainant;
this is where it gets even sicker and pathetic. Jack Daniels is
very full of himself and his status as he sees it in Bali and
the travel industry, although I have countless messages of support
from people deriding the man, even saying they believe he is mentally
ill. When I published the fact Daniels made the complaint, he
selectively denied it saying my accusations were without factual
basis. He then demanded I apologize to him publicly on various
web sites or face police action in Bali for criminal libel! Because
Daniels made an unlawful (unsigned) original complaint through
collusion with a police officer, his name did not appear as complainant
in the police file (the file notes "a male person" appeared
before the police chief but did not specify his name). Because
Indonesian law is so corrupt he was then able to “convince”
the police this was due cause to take a further this time signed
complaint from him on the basis I had defamed him as he was not
officially the original complainant !It was a sick joke but one
I have subsequently found is too common in Indonesia.
When I refused to retract my factual Internet statements which
were made outside Indonesian jurisdiction anyway, Daniels made
a very strange boast on his web site balidiscovery dot com. He
said that his lawyer was going to file a complaint of criminal
libel against me with the Balinese police who would hold the complaint
in a sealed envelope until I made myself available to them! Daniels
in June 2003 said the police would act unlawfully against me yet
again by taking a complaint from him and keep it under wraps until
they could get their hands on me! Of course legally the Indonesian
police have to decide within a reasonable period if they are going
to progress a complaint into an investigation or not and, if they
decided to investigate, they then have to register any investigation
against a foreign national with the Foreigner Control Department
of the police, who would then contact immigration, etc. Forget
the fact the police knew it was Daniels who made the original
complaint (now confirmed to me in written statements by two other
people who were told the same thing by the police) and the fact
the police knew they had no jurisdiction (their original unlawful
investigation went nowhere because they admitted in the police
file memo they had no jurisdiction), it transpired after time
Daniels' very silly public boast of incitement to perverse the
course of justice through corruption was accurate, but it took
me a while to be sure of this.
I had my then Balinese lawyer go to the police and try and find
out what they were doing about Daniels alleged latest complaint,
if they were doing anything at all. They assured my lawyer several
times there were no current or pending investigations against
me or anything else I would need to be questioned over, but they
refused to put that in writing. My lawyer even told me “The
police know this is a business matter between you and Jack Daniels,
not a police matter. There is no need to worry; the police say
it is safe to come back to Bali without fear of them investigating
you.” In hindsight these clearly were deliberate lies by
the police to try and get me to come to Bali so they could inflict
themselves on me yet again. Having been told the time before I
might face a firing squad, fearing entrapment I asked the police
to put this statement in writing to my lawyer, but they refused.
It was only when Daniels let the name of the police officer his
lawyer had colluded with in this latest complaint against me slip
in a WIPO Internet domain
dispute between us (which he lost) that my lawyer was able
to confront the actual police officer involved. In February 2004
the police officer responsible refused to speak to my lawyer but
the next day took Daniels’s "complaint" (which
obviously existed in unlawful abeyance as Daniels himself predicted)
and progressed it into an official investigation. Daniels' boast
that he was going to get the police to act unlawfully against
me again through collusion / corruption was proven correct; the
police and Daniels had tried to trick me into coming back to Bali
to face something presumably much worse than before.
The Balinese police issued a summons against me to my lawyer
which they knew was as unlawful as the investigation itself as
I was outside Indonesia and also that the time allowed was not
sufficient for me to comply; not that I would have anyway of course
(the summons cited criminal code my London lawyers advised me
were for criminal libel and for spying; they even provided a translation
which went into detail about how condemned spies were taken before
a firing squad). I advised the police personally in writing and
through both my Balinese and London lawyers that their summons
and investigation were unlawful and cited the legal reasons why.
Subsequently I have discovered from other victims of the corrupt
Balinese police that they like to serve summons which they know
people will not find out about and / or have time to comply with
because Indonesian law allows them, the police, to arrest and
jail someone for up to 90 days without charge if they have failed
to comply with a summons, even when the summons is legally flawed
and properly challenged. You see in Indonesian law you first get
jailed by a criminal court and then have to try and get their
verdict overturned in a civil court. So you go to jail for maybe
90 days, get released and then try to prove in the most nepotistic
and corrupt judiciary in the world that what the police did was
wrong!
After that event I tried everything I could to have the unlawful
police investigations against me struck out. Indonesian law says
the police have 2 years to conclude a case, even in someone’s
absence, or they have to strike it out if challenged to do so.
The police also are legally bound to respond to challenges made
about the legitimacy of any investigation if done so in writing
3 times by the subject’s Indonesian lawyers, or again strike
those investigations out. Not only did my lawyers write more than
3 times to the Balinese police with a myriad of legal cause to
strike out the investigations, including ultimately the fact they
were over 2 years old, but they also went to the police to demand
this. The Balinese police simply ignored the legal process letters
and started new, even more unlawful (mostly undocumented) investigations
against me in which members of the feared “Laskar”
mafia, clearly in unison with the police and Daniels, went around
Bali looking for me and started intimidating my friends and family.
I believe this was due to a rumour I was in and / or still coming
into Bali via Jakarta and then catching an internal flight to
Bali the next day. You see, the police in Indonesia work so independently
according to their local "interests" that it is an issue
for them to have immigration on other islands report back to them.
They do cross co-operate but it is difficult when it involves
such clearly unlawful and unwarranted investigations. Now you
may begin to realize what a farce Indonesian security can be with
regard to terrorists moving around the archipelago. If the police
feared I could get into Bali undetected via Jakarta and had to
ask Daniels and his Laskar / mafia private detectives to help
monitor for me (yes they did, it is a recorded fact), how on earth
does anyone think they can stop a bomber with an Indonesian ID
card?
When the mafia and Balinese police failed to get my hands on
me, their evil came after me where I was living in Thailand. The
Balinese police next informed Interpol I was a suspect insurgent
and had my name placed on Interpol’s automated watch facility,
which provided them details of my movements around the world.
Clearly, if the Indonesian authorities had legitimate cause and
wanted to be able to detain me if I ever ventured to Indonesia
again all they had to do would be to place my name on their immigration
detain list throughout the country, so the use of Interpol was
for another purpose which I have very clear evidence was to provide
Daniels with this information. In conjunction with this unlawful
use of Interpol came a fraudulently made investigation against
me by a friend of Daniels (Hill
Associates Bangkok) to found out my home address in Phuket.
I subsequently received not only telephone death threats on a
phone line which clearly implicated Daniels and his friends (it
was a modem line I only ever received “wrong numbers”
on but which they admit they got a hold of and thought was my
main telephone number), but also had Thai gang members keep threatening
vigil outside our home in Phuket. After consulting with a senior
Thai police contact, I took his recommendation to bribe these
highly dangerous Thai gangsters to stay away and then to leave
Thailand as soon as possible; I am not given to retreat or unfounded
fear, but genuinely believe if I had not moved I would have been
murdered.
After leaving Thailand for the sanctuary of England and the European
Union, we moved to Portugal in September 2004. Part of the reason
we moved to Portugal was to put ourselves as far out of harm’s
way as possible, given the Indonesian authorities have such bad
blood with the Portuguese and therefore can not pull any dangerous
favours against us here. We live in Portugal for other, better
reasons too and I personally hope one day Bali will enjoy the
same levels of police integrity and social co-operation as we
found here. In the mean time be aware your safety, civil and human
rights should be of greater concern to you if you are in Bali
/ Indonesia.
I will continue to advise any new police chiefs in Bali the specifics
of my abuse and the unlawful acts against me in the hope there
is a decent honest cop in Indonesia and they become Bali's chief;
although I am not holding my breath. I continue to wait and hope
Indonesia will accede to the key elements of the International
Convention on Human Rights that would allow me to file a case
which would be adjudicated by the UN appointed body, not some
questionable cop in Jakarta. In the mean time I will take whatever
legal action I can in the hope that my efforts will get past the
barriers to justice set up by the Indonesians.
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