| This
is my Bali Update page where I will publish details of any events
in my long and often tiring quest to get justice in a country
renowned for having none, except for the elite military connected
wealthy families of Java. Please do not confuse this page with
the email "ezine" organ of lies published by Jack
Daniels of Bali
Discovery Tours; unlike his rag where he talks constantly
about himself in the 3rd person and tries to make a selfish buck,
here you will get only the truth.
Above photo: President Yudhoyono "The guys
behind me work for my boss". That really is less joke and
more irony as you may imagine, because the TNI (armed forces)
state they are guardians of the Republic of Indonesia, not the
civilian government (including the president).
It is no secret I often focus heavily upon and am trying to bring
John Millard Daniels, American owner of travel agency Bali Discovery
Tours and his pet colluding and corrupt Balinese
police officers to justice. When I set out to do this I knew
it would take time and I would be subject to further lies and
abuse, and for the self-interested to claim this is solely some
out of hand dispute between myself and Daniels. But whatever anyone
thinks of me I would rather spend $100,000 trying to bring Daniels
and his crooked cops to justice then I would pay 1 cent to a bent
cop as a bribe to make the problem go away or $20,000 to have
Daniels murdered as I am 100% certain he is willing to pay to
have me killed. I want people to realize I know my problem is
with the corrupt Indonesian police and judiciary and that Daniels
just started the problem. If I focus somewhat on Daniels, it is
because I have to both to bring my case against the Balinese police
and also to answer the falsehoods he purveys about me and what
happened, plus the fact he does not deserve to get away with his
obnoxious piety all the time he is evading justice in a land where
the real criminals wear uniforms.
Jack Daniels lost a WIPO domain complaint against me because
he lied (he claimed to have a Trademark when he did not) which
I knew he brought against my registration of the domain I used
to use to warn people about him, balidiscovery dot org, because
he wanted to misrepresent a decision in his favour both with the
world and the Balinese police to act unlawfully yet further against
me. I was amazed yet somehow not that when he actually did get
a Trademark and a letter from the Indonesian Trademark Office
saying he could backdate this, which he probably bought (under
the table), he was allowed to file a second domain complaint against
me which he actually won under highly dubious circumstances (see
WIPO Fraud, Terry
Laidler and Hill
Associates Bangkok). Sure enough, he presented a Trademark
law decision regarding a domain as my having broken some libel
law; but that is what Jack Daniels does best, lie.
I tried resolving matters with Daniels in the US Courts but he
ran a mile. Jack Daniels an American citizen refused to meet me
face-to-face in a US court of law claiming; a) He had not been
served properly, b) What he wrote in Indonesia was outside US
jurisdiction, which is very ironic as Daniels claims to the Balinese
police what I write outside Indonesia somehow comes under their
jurisdiction. My hope was to get Daniels into court so that details
of his corrupt nasty cats would be heard in a real court of law,
not a kangaroo Indonesian court room where judges are known to
be as bent as they come. I hoped to get a ruling against Jack
Daniels which would allow me to demand he was arrested and tried
with excuses in Bali. Unfortunately for me and my US lawyer, my
lawyer's paralegal (legal secretary) messed up and filed an important
court document 2 days past the deadline; she misunderstood which
days counted. As a result of that the Supreme Court of Arizona
ruled I could not sue Daniels in the USA; that's right, Daniels
got off on a technicality. Of course I was not too happy about
that given it had taken many months to get that far. The only
consolation I got was my lawyer very graciously refunded the vast
majority of the legal fees I had paid him and that the US court
denied Daniels' requests for costs against me; so he ended up
paying a lot more than I.
I then looked into the prospect of suing Daniels in the High
Court in England to the same end. The problems that entailed were
the prospect of yet another long wait preventing me from taking
legal action (a human rights case) against the Indonesian Government
(you can not file a human rights case all the time other legal
action continues), plus the fact Daniels could well (and therefore
likely would) try to get the case denied on the basis it came
after a failed US case, plus the fact English law could allow
Daniels as defendant demand I place a sizeable bond with the courts
while the case dragged on. As my problem is with the Balinese
police / Indonesian authorities with Daniels solely the instigator,
I decided this would detract from the real goal of my efforts.
So I have decided not to sue Daniels or any of his cronies in
England unless they sue me first, in which case I can place the
burden of a large bond upon them; as the saying goes: "Go
ahead, sue me, make my day!"
I have decided to file a complaint against Indonesia under two
International Conventions on Human Rights even though I believe
these are too often a political joke. I say this because all a
government has to do when it signs up to one of these conventions
(they call it "accede") is to refuse to sign up to the
first optional protocol which allows complaints against that country
to be made directly by a victim to the United Nations. If any
country acceding to the human rights conventions does not also
agree to the first protocol, all complaints have to be made with
the member state. That's right, because Indonesia has decided
not to accede to the first protocol, I have to file my complaint
with the Department of Justice and Human Rights in Jakarta. Now,
bearing in mind it seems every human rights group going states
there is abundant proof that the Indonesian TNI orchestrated the
1999 East Timor mass civilian murders yet no officers have been
convicted (actually, the reverse, many have been promoted), and
that the Indonesian judiciary are recognized to be one of if not
the most corrupt in the world, and that human rights activist
Munir Said Thalib's murder
somewhat shows Jakarta commit state murder so are hardly disposed
to effecting human rights justice, means my case may not exactly
be dealt with justly! But who knows, maybe I will strike it lucky!
However, there are good reasons for filing it now as any rejection,
given the documented evidence I hold, or attempt to bury it will
enable me to petition the British Government to file a state-to-state
complaint against Indonesia at the UN for failure to comply with
its obligations under the conventions. Also, I can and will file
the complaint at the same time with the UNCHR even though Indonesia
has not accepted the First Protocol and the UN will have to consider
it and state they take all such complaints up with the countries
involved, but they are not allowed to adjudicate (rule) on the
complaint. Finally, I am exploring other options at this time
as the world is getting smaller and smaller as far as the corrupt
go. I will report anything I can as and when I get it below.
01/Feb/07
My letter to the new police chief in Bali setting out the unlawful
acts went unanswered, no surprise; I find crooks and public servants
who know they are in the wrong practice this "method"
when confronted as anything they do say tends to incriminate them.
The Indonesian Corruption Commission's director of Internal Affairs
(which covers the police) Chesna Fizetty Anwar contacted me after
I asked her colleague Erry Hardjapamekas how many police officers
they had actually investigated and prosecuted as I intended to
disclose this in my human rights complaint to the UNCHR (as I
have to disclose what I had done to resolve things, with whom,
and why things had failed). She asked for me for details and documents
which showed the police's unlawful police acts were as a result
of corruption, so I sent her these and the rational (of course
I do not have photographic or otherwise recorded evidence of Daniels
paying the police through his lawyer, but I can show the clear
corruption "footprint" or "smoking gun").
Chesna has since failed to reply to me requesting an update on
my "case" (not that I believe there ever would or could
be one now) and also repeated requests for specifics of who the
KPK had investigated, why and as a result of whose complaints.
I pointed out to Chesna that I had a legitimate right to ask
as such information would be appropriative to my human rights
complaint and also for me to duly provide this data to the British
Government and European Union Trade Commission if it became clear
the KPK were nothing but frauds and a political instrument used
by the president and Golkar party used to witch hunt political
rivals as had been suggested to me by a third party. I explained
I had good cause to believe the KPK were frauds a) based on their
handling of the Harry Bleckert and Michelle Leslie corruption
cases in which they admitted they could not investigate Bali's
police officers and b) because what information I could find about
their investigations and prosecutions which seemed to indicate
they only prosecuted bank fraud (which is not corruption and should
be job of the police) and political rivals. Today I was made aware
of an article in the Jakarta Post which confirms there is evidence
of this: see Jakarta
Post Review In case they are forced to remove or change it
at a later date under Indonesia's tough reporting restrictions,
here is an excerpt;
"In the past year, the Corruption Eradication Commission
(KPK) has been charged with selective justice in its prosecution
of corruption suspects. The KPK was said to be targeting politicians
from the Indonesian Democratic Party of Struggle (PDI-P), a party
that had pledged opposition to the Golkar-controlled government.
People expected the KPK to pursue high-profile graft cases involving
powerful officials. Punishing a few big shots would have sent
a strong signal against graft. But those expectations were apparently
too high. Some cases that drew criticism included the failure
of the KPK to name Justice and Human Rights Minister Hamid Awaluddin
as a graft suspect, even after former National Election Commission
member Daan Dimara implicated him."
Of course it is not comforting to see that the head of Indonesia's
Human Rights Ministry stands accused of getting away with corruption,
nor too was a report also in the Jakarta Post that wife of murdered
human rights activist Munir, Suciwati Thalib and other widows
of men murdered they suspect by the Indonesian state were conducting
a protest outside the presidential palace last week because none,
repeat none of their human rights complaints had been investigated.
Meanwhile Interpol refuse to comment to my London lawyers on
any aspect of the data they provided the Balinese police about
me or to say what the status is of the complaint we made against
the Indonesian police authority under Interpol's Anti-Corruption
Mandate. As previously stated it is not possible to sue Interpol
for violating my human rights as they are a stateless body under
UN Charter and therefore basically accountable to no-one but themselves.
In fact, my lawyers have tried to sue Interpol who are located
in France at the European Court of Human Rights in Strasbourg
in a case involving Turkish police and a Kurdish businessman granted
asylum in the UK; the court threw the case out on the basis they
did not have jurisdiction. However, we now have a plan, after
trying yet again to get the British Foreign Office to do something
about Jakarta and the British Home Office about Interpol, to write
to each of the EU member states' justice departments asking them
to agree to instruct their own police not to pass any details
on me to the Indonesian police setting out our case to them, and
then suing those states who refuse to reply or so agree in Strasbourg!
It seems you need to be creative in this world to get justice,
but if there is a will there is a way. In any event, informing
individual EU states about the actions of the Indonesian authorities
and Interpol should ruffle some feathers, not least as I will
be seeking an EU wide travel advisory warning about the risk of
corrupt police and lack of justice in Indonesia. But these things
take time, so don't expect any further updates for a while. I
will give the British Foreign Office one last go through my London
lawyers before I file the human rights complaint, as I want at
the very least agreement from them they would file a state-to-state
complaint against Indonesia in the event HAM (Human Rights Department
Jakarta) are in breach of their UN obligations as I suspect them
to be.
The British Foreign Office will not guarantee specifics in specific
cases of course! Also they still claim that it would be interfering
in Indonesian domestic dealings regarding the unlawful Interpol
order, even though my lawyer agrees it does not. I do have the
right now to sue the British Foreign Office for failing to perform
their legal duty but have been advised the cost would be high
and to first of all lobby various MP's with the facts asking them
to intervene with the Foreign Office (sounds like a comedy play;
asking someone to intervene to ask someone else to intervene).
This has started to actually bring some hope and results both
from my own constituency MP and the Liberal Democrat Shadow Foreign
Secretary; the later having agreed in writing to review my case
with the "FO" (Foreign Office). The FO have been very
quiet lately, as is typical when they are considering or doing
something. Normally they send out out "We have already told
you...." responses after a few days, but they are taking
weeks now. Recent events such as proof the Balinese police gave
my personal details to Jack Daniels of Bali Discovery Tours (see:
passport
article on Bali BS) hopefully will force them to act.
2007 / 2008
The FCO (British Foreign and Commonwealth Office) have flat
out refused to assist me and even removed a page off their web
site which outlines what their legal duties are as a direct result
of my continued requests to them; luckily I printed this page
up before they removed it. As a result the British Liberal Democrat
Shadow Foreign Secretary Michael Moore MP and Chairman of the
Public Administration Select Committee Dr. Tony Wright (Labour)
have both kindly taken an interest in my case and have refereed
it as a complaint (against the British Foreign and Commonwealth
Office for not providing the legal protection to me they should)
to the British Parliamentary Ombudsman. Whether the Parliamentary
Ombudsman will do anything I do not know, but I feel vindicated
that two senior British MP's have made a complaint.
The British FCO say they do not interfere in domestic judicial
matters of sovereign nations despite the fact my case involves
unlawful even criminal acts outside Indonesia against me and that
the FCO mandate does cover both protection from serous crime and
miscarriages of justice. It was poignant and timely therefore
that the case of Gillian Gibbons and the teddy bear she named
Mohammed in the Sudan came about, where the FCO showed they do
actually interfere in the domestic judicial matters of sovereign
nations. Gillian Gibbons was not under any physical threat, she
had been sentenced to 15 days jail and was actually being detained
in a special prison of a much higher standard than other Sudanese
jails. The FCO not only petitioned the Sudanese Government but
sent two Peers to secure an early release for Ms. Gibbons; they
knocked two days off her time in jail (big deal). But the FCO
will not stop the Indonesian police from having me listed as a
terrorist with Interpol? The International criteria for being
designated a terrorist is someone who murders civilians for political
reasons. So my calling the Balinese police, alongside Human Rights
Watch Amnesty International, TAPOL, Transparency International
and various other organizations, plus naming Jack Daniels of Bali
Discovery Tours as the man behind all of this and the one who
tried to have me killed makes me a terrorist? The FCO will not
help me but they helped Gillian Gibbons get 2 days off her jail
sentence; what is the deal here? Could it be Indonesia has gas,
oil, minerals and regional strategic importance, The Sudan has
nothing?
With this clear disparity in act, I also wrote to several British
MP's who hold positions at the FCO, one of them Megg Munn, the
Parliamentary Under-Secretary of State for the FCO. Unlike with
other FCO MP's, Megg Munn's staff read my letter and instead of
blocking it, put it on her desk. A few days later I received an
FCO response that said they could not discuss nor compare my case
with the Sudan / Gillian Gibbons as each case is confidential
under the Data Protection Act, one of the acts I was complaining
under regarding my passport details being circulated by the Indonesian
police (as in salt into the wound). Of course the fact that Gillian
Gibbons' case was fully in the public domain by way of the massive
media attention it generated, token of western disgust that one
of theirs should be jailed for insulting Islam, made no difference;
the FCO just repeat themselves like a bad curry of course.
Recently it has been made clear to me that the British Government
will not intervene unless they are dragged screaming through the
courts because of their complicity with the Indonesian police.
I understand Britain's large corporations have massive economic
contracts with Indonesia, one of if not the world's most corrupt
country, and that they would be playing that fiddle. But I did
not know the extent of what this entailed; major British corporation
using offshore subsidiaries to circumvent international laws and
UN / EU sanctions which clearly require British Government complicity.
But the FCO get their hands directly dirty with the Indonesian
police too;
Indonesian
Police, The Real Terrorists Part 1
Indonesian
Police, The Real Terrorists Part 2
So the British Government provides millions of dollars of soft
loans (loans that never get repaid and are used to buy military
equipment) directly to the Indonesian police to fight terrorism,
they say. But the terrorist organization Jemaah Islamiyah (JI)
is not even outlawed in Indonesia and all of the terrorists who
have been caught were done so because US spy satellites located
them (their mobile phone signals) and fed this information to
Australian Federal Police officers who accompany Detachment 88
of the Indonesian "Brimod" anti-terrorism police to
arrest them. It is only Detachment 88 that, with direct help from
the USA and Australia catch the JI terrorists, so what do the
other Brimob officers do? The above video clips show there are
thousands of Brimob officers in armored vehicles paid for by the
British Government; these are not used against JI though, are
they? Where are they used? Why, they are used to suppress the
lawful independence aspirations of civilians around Indonesia.
My own government can hardly help me it seems because they support
unlawful Indonesian police tactics elsewhere all for a British
corporate buck and regional influence, still pretending they are
a world power with their nasty colonial attitude.
So, I will see what the British Parliamentary Ombudsman will
do or not for me. If nothing, my only option then to get the British
Government to do what they should be anyway is to sue them in
an expensive High Court case in London.
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