Bali Police's Civil and Human Rights Abuse

The gentleman to the left is Irjen. Polisi Made Mangku Pastika, police chief of Bali. Winner of the "Order of Australia" for his work with the International police force in securing the detention of most of the people involved with the Bali Bombings. Made Pastika has an almost hero like status with many people, but not with me.

I wrote to Mr. Pastika twice in concise detail about how my civil and human rights were being abused by certain Balinese police officers acting outside their authority and jurisdiction against me at the bequest of Jack Daniels. About how the police were being abused by Bali Discovery Tours out of revenge against me as a person and as a director of an overseas competitor. I know Mr. Pastika reviewed the police investigation file, as this is reflected in the official police file memo my lawyer bought a copy of (yes, bought a copy of). So, in my book, he either believes there is good cause to have me investigated or, in the absence of this cause (which I know they can not have), is as guilty as his colleagues.

It was his predecessor, Irjen Pol Drs. Budi Setyawan (a fact recorded in the official police investigation file memo), who took the original police complaint from Jack Daniels. Also, as Mr. Daniels and his lawyer Suryatin Lijaya have now managed to convince the Deputy Police Chief Salamudin to make further trouble for me. As I believe there is clear documented evidence that the original police chief and investigating officers acted outside their authority and jurisdiction. And as I believe there is clear documented evidence that Mr. Pastika's deputy, Kombes Boy Salamudin and Jack Daniels' lawyer Suryatin Lijaya acted in collusion with Jack Daniels against me and my human / civil rights. Perhaps, even probably, that such collusion between Mr. Salamudin, Mr. Lijaya and Mr. Daniels involved corruption (money changing hands). My choices therefore seemed to be to spend yet more time in police headquarters or even jail defending myself against such ill made complaints, or get Mr. Pastika himself involved and hope he is what other people say he is!

The trouble is Irjen. Polisi Made Mangku Pastika has been formally asked, in writing, several times to answer certain questions and address certain concerns regarding the actions of his predecessor and, more importantly now, his subordinate officers. But neither he nor his office have answered, as I believe he is duty bound to do. So here are the questions / concerns about possible corruption, collusion, acting outside police authority and acting outside Indonesian jurisdiction I and my various lawyers around the world have asked him. I hope this open declaration to him of these again may now prompt a response, which I would be delighted to publish alongside / on this web site.

Open letter to the police chief of Bali (also sent to him by mail).

Irregular acceptance of police complaints by the chiefs of police.
A few years ago I was sent an e-mail by a manager of Waka Holdings, stating he wanted to slash my throat from behind (over a disagreement - charming man!). Apart from my continuing concerns that his company never apologized for such words, because they did not act against him for these words, I filed a police complaint against him. Like almost everyone else, I had to file my complaint at the police complaints desk, which I did. However, I understand that no action was ever taken against this man, despite the formal evidence, not even a visit to his office! Perhaps because the company he works for is very influential. So what I would like to know, is it regular, even acceptable police procedure for Mr. Daniels to make complaints directly with the police chief and laterally the Deputy Police Chief or is this, as I believe, irregular? And if I am right, will Made Pastika launch a proper investigation into this?

What powers were given the police under the Bali Recovery Program to so act against me!
It is a matter of record (the official police memo regarding the investigation into me of December 2002) that the then police chief, Budi Setyawan, authorized the investigation under the supposed mandate / authority of the Bali Recovery Program. Where is it written in this program, and what is written that gave the police chief the right and authority to so act against me? As I have been unable to establish any such extra powers with the help of my lawyers, and I have not received any reply from Irjen. Polisi Made Mangku Pastika for my formal written requests for the same. May I therefore assume that the previous police chief, Irjen Pol Drs. Budi Setyawan acted against me unlawfully? Also, why were the police not prepared to close the investigation file and contrarily state they would continue to keep both myself and my Balinese wife's family (who are simple people who would not have and could not have anything to do with my company / my actions) under surveillance! Isn't that harassment and a breach of my / their civil / human rights? After all, I understand under Indonesian law that the very fact your officers released me in December 2002 is itself a statement that I had no charges to answer to. So why was the file never closed fully? Isn't is because the officers did not want to give their "right" to harass me?

Why has the present Deputy Chief of Police apparently now acted outside the police's declared jurisdiction?
After the investigation into me of December 2002, the police informed my lawyer in Bali that they did not try to progress the investigation into criminal charges because a) They realized this was a civil matter / problem between two competitors, and most importantly b) What I wrote on the Internet outside Indonesian Territorial Waters was outside their jurisdiction. Although I accept their assessment of jurisdiction was more simplistic then exists in reality. The facts are there are International precedents and agreements for Internet law and jurisdiction, and as the current police chief Made Pastika has been advised formally in writing, this web site and what I publish on it is governed by English (as I am English and would be legally deemed to have published these texts in England) and / or the USA (as the physical location of this web site is in the USA), and as it is written in English (not Indonesian) and could not be deemed to harm Mr. Daniels / PT Bali Discovery Tours unfairly or at all within Indonesia (just with people that are visiting Indonesia). Why is Kombes Boy Salamudin prepared to even consider a complaint by Mr. Daniels about this web site? I am suing Mr. Daniels, an American, in the USA because that is where jurisdiction rests. Why isn't Mr. Daniels / Bali Discovery Tours counter-suing? Why are the police apparently prepared to even consider defying such International precedents / agreements to appease John M. Daniels after they have previously made an assessment that do not have jurisdiction? Is this as a favor or in return for a bribe paid by him through Suryatin Lijaya? So, will the present police chief investigate the reasons why and properly so? And put Officer Salamudin, Mr. Lijaya and Mr. Daniels in jail for collusion / corruption if I am right?

Further, I understand from my lawyer in Bali that Jack Daniels' second police complaint against me actually comprises of three complaints. The first is for criminal defamation, the second for breaking PT. Bali Discovery Tours' TradeMark, the third is for insulting the Indonesian Government / being an enemy of the state of Indonesia (for my references to corrupt police officers). We have already established, it can hardly be fair or proper to question me for criminal defamation (for naming Jack Daniels as the original complainant) when the police know it was him who actually did file the first complaint (plus the fact I have written statements from other reputable people who saw and were told the same, that is was Jack Daniels). Even if it were to come under Indonesian jurisdiction, which the officers previously admitted it does not. Also, as the present police chief has been informed of formally in writing, Jack Daniels / PT Bali Discovery Tours did NOT have a TradeMark as they have claimed they had. The question is, not only why are the police prepared to even consider acting outside their jurisdiction regarding TradeMark issues? But why do the police want to question me over a alleged Trademark violation when the Trademark did not even exist? This in mind, will the police now act against Mr. Daniels and his lawyer Mr. Lijaya for falsely claiming PT Bali Discovery Tours had a TradeMark when they did not? Surely, if they claimed they had a TradeMark which they did not as part of a complaint against me, this is perjury yes? And they should go to jail, correct?

The final complaint that I insulted the Indonesian Government (Balinese Police) by pointing out how corrupt they are, oh please! Where is there an Indonesian law that says a foreign national can not point out that the Indonesian authorities are corrupt, as they are well documented as being, in that foreign national's own country and jurisdiction. I mean, it is not even that I told any lies. I just reported what I saw. The fact this may be insulting to the Balinese Police / Indonesian Government is of their own doing. As the saying goes "Don't shoot the messenger"!

I was told these were the three complaints the police had received from Daniels / Lijaya, and the police officers were particularly upset that I called some of them "corrupt". I understand this complaint for supposedly insulting your officers has now been twisted around to my being investigated as an Enemy of the State of Indonesia. I have read the legal code regarding this Mr. Pastika, and would like to know how reporting lack of security at Bali's airport and ports to business contacts in Bali, in order that they can help Bali / prevent another terrorist attack constitutes any notion that I have broken this law, especially when this law does not cover me as I am outside Indonesian legal jurisdiction?

Do I have proof of Balinese Police collusion / corruption?
I believe so and can prove it here and now. On June 7th 2003, Jack Daniels published on PT Bali Discovery Tours' web site (balidiscovery dot com) that he was making police complaints against me of which the "specific details of the various criminal charges will remain sealed and with the police until Mr. Austin personally presents himself to the police for further investigation". As has been pointed out to Mr. Daniels, neither he nor his lawyer are able to file criminal charges, only the police in conjunction with the Balinese Department of Justice can do that. And that he is therefore guilty of the very thing he is accusing me of, defamation! Also, of course, the notion that the Deputy Police Chief would take a sealed envelope containing the complaints and not open it until I was available for questioning is not just irregular, but absurd right? But it would appear that is exactly how Deputy Police Chief Salamudin acted and does show Jack Daniels' confidence that his police friends will do whatever he asks them to! By the way, the complaints were actually then filed by his lawyer Mr. Lijaya on the 3rd July, 2003. Which means that the Deputy Police Chief could not have reviewed them when Jack Daniels published his article alleging criminal charges had been filed against me (basically, Jack Daniels describing me as a criminal).

I have been informed by my Balinese lawyer (she is the grand daughter of the Balinese Chief of Justice, so is not likely to be wrong), that the correct police procedure is that any officer who wishes to instigate an investigation into a foreigner must inform the POA (the police department for foreigner control or "Pengawasan Orang Asing"), but Mr. Salamudin did not do this! In fact, it appears he did exactly what Jack Daniels said he would do, take a sealed envelope and then investigate me once I came into the police headquarters again, where upon he would have his officers open the envelope and question me. You see, it was not until January 2004 when my Balinese lawyer finally managed to confront Kombes Boy Salamudin (the Deputy Police Chief), to have him confirm that he had accepted the complaint for review all those months ago, yet had not informed the POA nor my lawyer (despite the fact she was and is registered with the police as my legal counsel)! That it appears he followed exactly Jack Daniels "predictions" of the 7th June, it would prove collusion if not suggest corruption right? Because it seems to show that the Deputy Chief of Police was prepared to take a sealed envelope with the allegations kept secret inside, in his desk drawer for nearly 6 months until he was confronted or until such a time as he could show his favor to Mr. Lijaya and Mr. Daniels and make my life miserable again. I wonder if Mr. Pastika will now show that he is a police officer for the people of Bali and hold an investigation into possible corruption and probably collusion between these three "gentlemen"?

If you believe you have cause to investigate me, why wont you accept my offer to answer your questions in the Indonesian Embassy in London? Given that I have provided significant evidence of your subordinate officers' violations of my civil rights whilst in Bali, and given I do not live there, you can hardly expect me to come to the police station in Bali to answer them. Surely, the questions would be the same whether asked in your Embassy (in front of my English lawyer) as they would be in the central police station in Bali, or would they not? Why can't you ask any questions you wish to ask me in London? After all, the Indonesian Embassy is sovereign Indonesian territory under International covenants. Why do you want me to come to Bali to answer any questions you have? If I am guilty of a crime under your jurisdiction, the truth will come out and you can then apply to have me extradited to Bali if so. But of course that will never happen, will it? Because I have committed no crime have I? If you for one second think I may have, as the saying goes, please either "put up or ship out (stop this nonsense)".

Finally, I am currently suing Jack Daniels, PT Bali Discovery Tours and their agents in the USA for libel, amongst other things. If the court rules against Jack Daniels / his agents (that he committed libel), will the Balinese chief of police take this for what it is, a prima fascia case that Jack Daniels committed libel whilst in Bali and arrest him and then deport him for breach of his visa conditions? Because, as Jack Daniels and his lawyer have pointed out, defamation (libel) is a criminal act when committed in Indonesia right?!

Regards and RSVP

Mark Austin

"Get the Bad Discoveries out of Bali"

Nov	DEC	Jan
	10
2003	2004	2005

Bali Police's Civil & Human Rights Abuse

Open letter to the police chief of Bali (also sent to him by mail).