Reply-To: "Harry Bleckert" From: "Harry Bleckert" To: Whom It May Concern Subject: Bali: a case of police extortion & corruption Date: Tue, 22 Mar 2005 18:19:26 +0800 Organization: I Md. Sambu MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_0012_01C52F0B.AE8EFF80" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 6.00.2900.2055 X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2055 This is a multi-part message in MIME format. ------=_NextPart_000_0012_01C52F0B.AE8EFF80 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable - Bali: a case of police extortion & corruption Background Information I am working as "Business Development Manager" for cv. Candi Internet on = Bali. The company is owned by my wife. After one year of preliminary evaluation, early 2004 I decided to add = wireless ISP services to the list of services already provided by Candi = Internet. In May 2004 we signed a franchise contract with PT. Pasifik Lintas Buana = (VIPnet) which grants Candi Internet the exclusive right to provide ISP = services for Bali and the Nusa Tenggara under license of VIPnet. Since then Candi Internet has a regional sub-license and thus the right = to provide internet access to the general public in accordance with = Indonesian law 36/1999 for Telecommunications. Such franchises (also called subnets) are quite common in Indonesia (see = Indonet and others) and regulated by the official Indonesian provider = organization ABJJI. On October 6, 2004, we contacted Bali Monitoring, the local department = of DirJen PosTel, and informed them about technical and legal details of = our business plan. DirJen PosTel in Jakarta and ABJJI were already = informed about our intended future activities by our partner VIPnet. On October 21st, 2004, we finalized internal testing and connected the = first 4 future clients for testing the link. We intended to start business and billing on October 25, 2004. We never operated as an ISP yet! abbreviated Chronology of law abuse On the 23rd of October 2004 our office was invaded by four police = officers. One of them identified himself as member of a "Bali Cyber = Crime Squad", part of ResKrim (criminal investigation department) Bali. After one of them started to talk nonsense like "Indonesian law requires = a license for having a website", I left the office worried to loose self = control, as it seemed obvious that these were ignorant police just = looking for money, as it is quite common on Bali these days. About 30 minutes later police left our office, taking a satellite modem = and a router with a value of approximately US$ 7,000 with them. They used force and threat of jail to get access to our operations room = and detached the equipment themselves. Our employees informed me that the police looked at our franchise = contract and declared it a "bullshit". Detik.com reported about this sweeping on October 25, 2004 and again on = October 28, 2004. They condemned the sweeping as illegal and = unauthorized. ABJJI and DirJen PosTel stated that the police was not = authorized to do such sweepings and license checks. On October 29, 2004, three leading Bali newspapers printed half page = headline reports about investigations against our company. Every newspaper reported a different subject of investigation (Candi = Internet steals data from satellites etc.) and they were all complete = nonsense. When asked about this, police told us that these publications were there = revenge for "creating trouble in Jakarta" and warned us not to have any = media contacts in the future, else they would get really angry. Until November 4, 2004 police requested my wife and about 5 of our = employees, some of them repeatedly, to come to their office for = interrogation. My wife was requested to come as suspect, everyone else was called as = witness. I was not requested to come. The exclusive subject of all interrogations was stated as violating of = paragraph 47 of the Indonesian law 36/1999 for Telecommunications = (providing internet access without license) by cv. Candi Internet. On Thursday, Nov. 4, 2004, my wife was asked by the chief investigator = to meet him in a restaurant same day in the evening. I joined my wife and we met the investigator. He repeatedly told my that our franchise was invalid because we did not = use the same company name as our partner VIPnet (!!!). When I informed him that you could not have 2 companies with the same = name he ignored my argument stubbornly and I was relieved as obviously = police investigations were not sound. How surprised I was when at the end of this meeting he asked 100 million = Rupiah payment in order to dismiss investigations after highlighting the = possible punishment (6 years of prison) again and again. He did emphasize that he would not ask payment for himself, as he really = only wanted to help us, but payment was required for the other the bad = police and specially for his boss. On December 23, 2004, I was for the first time ever requested to come to = police office for interrogation. I was considered a witness. Our lawyer, two of our employees, my wife and myself were in the same = room with three to four members of "cyber crime squad". And we all witnessed how one officer shouted and threatened to arrest my = wife next Monday only because our lawyer requested him to sign the = protocol of the interview of one of our employees, Made Kartha. Being in their office, I became aware that there was no printed = information at all, just the small pile of files regarding our case and = two empty looking file books, one labeled "Masuk" (in) and the other = "Keluar" (out). At least one officer was noisily using his computer to chat privately on = the internet while I was there. Following this date, police officially requested my wife to report = herself twice weekly to police by attending their office and signing = attendance. Police forwarded files to attorney general in January 2005. The attorney informed our lawyer that this was just a small case and = since he was presently very busy with a case of alleged corruption of = members of the provincial parliament of Bali, he did not find the time = to read the files, but the investigator informed him instead. He admitted that he could not bring this case to court as our franchise = contract was to be considered legal. But if he would dismiss the case, the police would "loose face" and we = could demand damage payments. The attorney general indicated that the case could be dismissed if 50 = million Rupiah would be paid. Else he would return the files to police and ask them "to find something = new" to hold against us. After I rejected any payment the files were returned to police. Early March 2005 police returned files again to the prosecutors office. Our lawyer informed us that the investigator had "a strong will to bring = this case to court" and that the prosecutor said he had enough evidence = to bring the case to court. Last week, on Thursday, March 17, 2005, my wife was at the prosecutors = office together with our lawyer. The chief investigator and attorney general were also present. In front of the persons present, my wife was threatened by the = prosecutor to be arrested immediately, unless 4 million Rupiah cash were = paid at once. Our lawyer told my wife he considered the threat serious and recommended = payment to avoid arrest. My wife handed the money to our lawyer and he handed the money to the = prosecutor openly in front of my wife! Our lawyer and other lawyers we involved all confirmed that police acted = without proper legitimation from the beginning on. They did not have a search warrant, no public witness, no right for = confiscation and not even the legal right to investigate our franchise = contract or license. Several letters from our lawyer asking for legal protection and = addressing Mangku Pastika, Chief of Bali Police, and responsible = directors of ResKrim police, asking for legal protection and explaining = law police extortion were completely ignored and never honored with any = reply. To date, Police or attorney general never made any written statements = other than a receipt for taking the equipment from us and requests to = show up for interrogations. About my family and myself My wife is housewife and involved in business only as legal owner = because I can not own a local business as foreigner. We have a daughter of eight years at home and sole responsibility of = business decisions is on my side. All this is well known by police. I was not properly interrogated. Police refused to change my status from = witness to suspect and did never check any of my documents, not even a = copy of my passport or work permit. I must assume they made my wife the only suspect with the sole purpose = of blackmailing me more efficiently. I came to Bali on May 14, 1998 during the last days of the Suharto = government. Ever since I have been doing social work here and founded "Bali SOS = Emergency Group" on October 14, 2002, two days after the Kuta bombs. Our website www.BaliSOS.com was officially published by all foreign = consulates and embassies in Indonesia, by the Sanglah Hospital = International Crisis Center and by many NGOs. From October 16, 2002 until October 22, 2002 BaliSOS exclusively = coordinated, organized and delivered all food, beverage and sanitary = needs of Sanglah Hospital, feeding more than 500 people: bomb victims, = volunteers and bomb victim family members. As coordinator of BaliSOS, I was member of the Bali Recovery Group and = in 2003, I was repeatedly requesting public accounting from local NGOs = who collected donations following the bombs. Later I had close = cooperation with provincial health department and tourism department of = Bali and airport authorities here during the SARS related crisis of = tourism on Bali in 2003, trying my best to help avoiding bad PR and = being prepared in case SARS ever hit Bali. I am not a criminal, never intended to break any law and must consider = this police case a pure extortion.=20 Since this started on October 23, 2004, nearly five month ago, permanent = stress has seriously damaged my health and yet I am morally completely = incapable of bribing criminal police and prosecutors in order to solve = this problem for my family and my business. I love Indonesia and it's gentle people and my special love is for Bali = and the Balinese.=20 There is no place on earth I know where you can get so many smiles from = the heart as on Bali. I respect the government of Indonesia and foremost the new President of = Indonesia for their serious efforts to create a democratic and law = abiding nation and eradicate corruption and law abuse. I worry about the security of my family and about my business. I worry = about getting deported if this case is reported to the wrong people. I need help and contacts to integer government officials who can provide = legal protection for my family and my business and who can be trusted to = start prosecuting the police and prosecutors involved in this case. Greetings=20 Harry Bleckert=20 -------------------------------------------------------------------------= ------- Jl. Raya Seminyak 16b, Seminyak, Kuta, 80361 Bali=20 Phone: +62 (361) 737-157 or +62 (818) 357-726=20 MSN Messenger: MadeSambu@MSN.com=20 Websites: BaliSOS.com - BaliWireless.com - BaliService.com =20 ------=_NextPart_000_0012_01C52F0B.AE8EFF80 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable

- Bali: a case of police extortion & = corruption

 
Background=20 Information
I am working as = "Business=20 Development Manager" for cv. Candi Internet on Bali.
The company is owned = by my=20 wife.
After one year of = preliminary=20 evaluation, early 2004 I decided to add wireless ISP services to = the list=20 of services already provided by Candi Internet.
In May 2004 we signed = a franchise=20 contract with PT. Pasifik Lintas Buana (VIPnet) which grants Candi=20 Internet the exclusive right to provide ISP services for Bali and = the Nusa=20 Tenggara under license of VIPnet.
Since then Candi = Internet has a=20 regional sub-license and thus the right to provide internet access to = the=20 general public in accordance with Indonesian law 36/1999 for=20 Telecommunications.
Such franchises (also = called=20 subnets) are quite common in Indonesia (see Indonet and others) and = regulated by=20 the official Indonesian provider organization ABJJI.
 
On October 6, = 2004, we=20 contacted Bali Monitoring, the local department of DirJen PosTel, and = informed=20 them about technical and legal details of our business plan. DirJen = PosTel in=20 Jakarta and ABJJI were already informed about our intended future = activities by=20 our partner VIPnet.
On October 21st, 2004, we finalized internal = testing and=20 connected the first 4 future clients for testing the link.
We intended to start = business and=20 billing on October 25, 2004.
We never = operated as an ISP=20 yet!
 
abbreviated = Chronology of=20 law abuse
On the 23rd of October 2004 our office was invaded = by four=20 police officers. One of them identified himself as member of a "Bali = Cyber Crime=20 Squad", part of ResKrim (criminal investigation department) = Bali.
After one of them = started to talk=20 nonsense like "Indonesian law requires a license for having a website", = I left=20 the office worried to loose self control, as it seemed obvious that = these were=20 ignorant police just looking for money, as it is quite common on Bali = these=20 days.
 
About 30 minutes = later police left=20 our office, taking a satellite modem and a router with a value of = approximately=20 US$ 7,000 with them.
They used force and = threat of jail=20 to get access to our operations room and detached the equipment=20 themselves.
Our employees = informed me that the=20 police looked at our franchise contract and declared it a=20 "bullshit".
 
Detik.com reported = about this=20 sweeping on October 25, 2004 and again on October 28, 2004. They = condemned the=20 sweeping as illegal and unauthorized. ABJJI and DirJen PosTel stated = that the=20 police was not authorized to do such sweepings and license = checks.
On October 29, = 2004, three=20 leading Bali newspapers printed half page headline reports about = investigations=20 against our company.
Every newspaper = reported a=20 different subject of investigation (Candi Internet steals data from = satellites=20 etc.) and they were all complete nonsense.
When asked about = this, police told=20 us that these publications were there revenge for "creating trouble in = Jakarta"=20 and warned us not to have any media contacts in the future, else = they would=20 get really angry.
 
Until November 4, = 2004 police=20 requested my wife and about 5 of our employees, some of them repeatedly, = to come=20 to their office for interrogation.
My wife was requested = to come as=20 suspect, everyone else was called as witness. I was not requested to=20 come.
 
The exclusive = subject of=20 all interrogations was stated as violating of paragraph 47 of the = Indonesian law=20 36/1999 for Telecommunications (providing internet access without=20 license) by cv. Candi Internet.
 
On Thursday, Nov. 4, = 2004, my wife=20 was asked by the chief investigator to meet him in a restaurant same day = in the=20 evening.
I joined my wife and = we met the=20 investigator.
He repeatedly told my = that our=20 franchise was invalid because we did not use the same company name as = our=20 partner VIPnet (!!!).
When I informed him = that you could=20 not have 2 companies with the same name he ignored my argument = stubbornly and I=20 was relieved as obviously police investigations were not = sound.
How surprised I was = when at the end=20 of this meeting he asked 100 million Rupiah payment in order to dismiss=20 investigations after highlighting the possible punishment (6 years of = prison)=20 again and again.
He did emphasize that = he would not=20 ask payment for himself, as he really only wanted to help us, but = payment was=20 required for the other the bad police and specially for his=20 boss.
 
On December 23, 2004, = I was for the=20 first time ever requested to come to police office for interrogation. I = was=20 considered a witness.
Our lawyer, two of = our employees,=20 my wife and myself were in the same room with three to four members of = "cyber=20 crime squad".
And we all witnessed = how one=20 officer shouted and threatened to arrest my wife next Monday only = because our=20 lawyer requested him to sign the protocol of the interview of = one of our=20 employees, Made Kartha.
Being in their = office, I became=20 aware that there was no printed information at all, just the small pile = of files=20 regarding our case and two empty looking file books, one labeled "Masuk" = (in)=20 and the other "Keluar" (out).
At least one officer = was noisily=20 using his computer to chat privately on the internet while I was=20 there.
Following this date, = police=20 officially requested my wife to report herself twice weekly to police by = attending their office and signing attendance.
 
Police = forwarded files to=20 attorney general in January 2005.
The attorney informed = our lawyer=20 that this was just a small case and since he was presently very busy = with a case=20 of alleged corruption of members of the provincial parliament of Bali, = he did=20 not find the time to read the files, but the investigator informed him=20 instead.
He admitted that he = could not bring=20 this case to court as our franchise contract was to be considered=20 legal.
But if he would = dismiss the case,=20 the police would "loose face" and we could demand damage = payments.
The attorney general = indicated that=20 the case could be dismissed if 50 million Rupiah would be = paid.
Else he would return = the files to=20 police and ask them "to find something new" to hold against = us.
After I rejected any = payment the=20 files were returned to police.
 
Early March 2005 = police returned=20 files again to the prosecutors office.
Our lawyer informed = us that the=20 investigator had "a strong will to bring this case to court" and that = the=20 prosecutor said he had enough evidence to bring the case to = court.
Last week, on = Thursday, March 17,=20 2005, my wife was at the prosecutors office together with our=20 lawyer.
The chief = investigator and attorney=20 general were also present.
In front of the = persons present, my=20 wife was threatened by the prosecutor to be arrested immediately, unless = 4=20 million Rupiah cash were paid at once.
Our lawyer told my = wife he=20 considered the threat serious and recommended payment to avoid=20 arrest.
My wife handed the = money to our=20 lawyer and he handed the money to the prosecutor openly in front of my=20 wife!
 
Our lawyer and other = lawyers we=20 involved all confirmed that police acted without proper legitimation = from the=20 beginning on.
They did not have a = search warrant,=20 no public witness, no right for confiscation and not even the legal = right to=20 investigate our franchise contract or license.
 
Several letters from = our lawyer=20 asking for legal protection and addressing Mangku Pastika, Chief of Bali = Police,=20 and responsible directors of ResKrim police, asking for legal protection = and=20 explaining law police extortion were completely ignored and never = honored with=20 any reply.
 
To date, Police or = attorney=20 general never made any written statements other than a receipt for = taking=20 the equipment from us and requests to show up for = interrogations.
 
About my = family and=20 myself
My wife is housewife and involved in business only as = legal=20 owner because I can not own a local business as foreigner.
We have a daughter of = eight years=20 at home and sole responsibility of business decisions is on my = side.
All this=20 is well known by police.
I was not properly = interrogated.=20 Police refused to change my status from witness to suspect and did never = check=20 any of my documents, not even a copy of my passport or work = permit.
I must assume they = made my wife the=20 only suspect with the sole purpose of blackmailing me more=20 efficiently.
 
I came to Bali on May = 14, 1998=20 during the last days of the Suharto government.
Ever since I have = been doing social=20 work here and founded "Bali SOS Emergency Group" on October 14, = 2002, two=20 days after the Kuta bombs.
Our website www.BaliSOS.com was officially = published by=20 all foreign consulates and embassies in Indonesia, by the Sanglah = Hospital=20 International Crisis Center and by many NGOs.
From October 16, 2002 = until=20 October 22, 2002 BaliSOS exclusively coordinated, organized and = delivered all=20 food, beverage and sanitary needs of Sanglah Hospital, feeding more than = 500=20 people: bomb victims, volunteers and bomb victim family = members.
As coordinator of = BaliSOS, I was=20 member of the Bali Recovery Group and in 2003, I was repeatedly=20 requesting public accounting from local NGOs who collected donations = following=20 the bombs. Later I had close cooperation with provincial health = department=20 and tourism department of Bali and airport authorities here during = the SARS=20 related crisis of tourism on Bali in 2003, trying my best to help = avoiding bad=20 PR and being prepared in case SARS ever hit Bali.
 
I am not a criminal, = never intended=20 to break any law and must consider this police case a pure extortion. =
Since=20 this started on October 23, 2004, nearly five month ago, permanent = stress has=20 seriously damaged my health and yet I am morally completely incapable of bribing criminal police = and=20 prosecutors in order to solve this problem for my family and my=20 business.
 
I love Indonesia and = it's gentle=20 people and my special love is for Bali and the Balinese.
There is no place on = earth I know=20 where you can get so many smiles from the heart as on Bali.
I respect the = government of=20 Indonesia and foremost the new President of Indonesia for their serious = efforts=20 to create a democratic and law abiding nation and eradicate corruption = and law=20 abuse.
 
I worry about the = security of my=20 family and about my business. I worry about getting deported if this = case is=20 reported to the wrong people.
I need help and = contacts to integer=20 government officials who can provide legal protection for my family and = my=20 business and who can be trusted to start prosecuting the police and = prosecutors=20 involved in this case.
 

Greetings
Harry Bleckert

Jl. Raya Seminyak 16b, Seminyak, Kuta, = 80361 Bali=20
Phone: +62 (361) 737-157 or +62 (818) 357-726
MSN = Messenger: MadeSambu@MSN.com
Websites: BaliSOS.com - BaliWireless.com - BaliService.com  =

------=_NextPart_000_0012_01C52F0B.AE8EFF80--