Extradition and a Fear of HIV...

There are many people out there in this big bad world of ours who fear being exposed to HIV and developing AIDS. This fear seems to be further intensified where a person is under threat of a prison term in a nation where HIV / AIDS is prevalent, or rampant, in the prison system where they would serve a sentence if convicted.

Adrian Kiki Ariawan, a convicted Indonesian felon, currently detained in Australia is fighting his pending extradition to Indonesia based on an argument that sending him back to a prison system where he may contract HIV is a breach of his human rights and a breach of prevailing international humanitarian law.

At this point, you might be shaking your head and saying, "what?" But, this is not as far-fetched as it sounds. And, more importantly the approach has been successfully argued in the Australian Federal Court in 2004. In de Bruyn vs. The Minister for Justice and Customs (FCAFC 2004), the Federal Court allowed the appeal of the lower court decision that granted the extradition.

The Federal Court also quashed the arrest warrant with the reasoning that the Minister had not given sufficient consideration to the humanitarian grounds associated with extraditing someone to a penal system where there is a risk of contracting HIV.

de Bruyn was fighting extradition to South Africa. The support for the petition included a number of articles that noted increased risks of HIV infection, particularly post-incarceration.

With respect to the risk, it would be interesting to see whether the Australian courts would consider a response from Indonesian authorities in the form of a guarantee that Ariawan would be jailed in isolation or only with other inmates of negative HIV status. This would presumably reduce and perhaps eliminate any risk of Ariawan contracting HIV while serving his sentence.

I am sure that serving the rest of your life in solitary confinement is most probably a breach of one's human rights, but if the fear is of contracting some disease whilst in prison then being separated from all other prisoners would seemingly resolve that fear, and it would be the choice of the convict themselves.

It must be noted that Australian prisons are not HIV-free nor are they violence-free, sexual or otherwise, although medical treatment is considerably better than what is available in the Indonesian penal system. It also needs to be noted that all prisoners in New South Wales are tested on entry into the system, usually three months after entry into the system and on release back into the community. As I remember it, tests can also be conducted at other times if thought warranted or if requested by the relevant authorities or the prisoners themselves.

I am going to have to do a little more reading on this subject, as I find it really interesting. It has not much to do with my life now that I have moved from lawyering work into teaching, but the legal stuff still remains a fascination (some might say an obsession) for me.

Ariawan has been sentenced to a life term for his role in the embezzling of Bank Liquidity funds offered to Bank Surya.

Manohara Odelia Pinot -- Part XIII -- Daisy Fajarina as the "Evil Mother"

The saga continues. It is somewhat addictive for me as there is just so much to process and analyze from a legal standpoint. It seems that the Malaysian press is coming up with the far juicer pieces for the gossip columns. The following piece is based on an article from the Malay Mail.

George Manz is Manohara's biological father. He is a engineer that was formerly based in Indonesia. He met Daisy while he was in Jakarta in 1989, presumably fell in love, and the rest is history as they say. Mano, as she is affectionately known, was born in 1992. Not long after this things apparently went wrong fast and Manz claims that Daisy stole his daughter away from him. He also claims that Daisy is a proponent of black magic and has an evil hold over his daughter.

According to Manz, the black magic proof is in an x-ray of Mano's mouth. It is claimed that on a visit to a dentist an x-ray was taken and this x-ray showed gold needles and diamonds embedded in Mano's chin. I do not know how this proves black magic is in play. It would seem to make more sense that Mano was about to become a mule in a smuggling operation.

Nevertheless, the black magic claims aside, Manz has agreed to help the prince in his fight against the evil one, aka Daisy Fajarina. Manz sent a letter to the prince outlining his desire to help, his belief that the prince can save Mano from Daisy's evil influence, and sent documents that he believes might assist in the fight.

The whole affair is about to get a whole lot more interesting in a legal sense as Manz is threatening to get the US State Department (some Hillary Clinton involvement?) involved, Mano is a US citizen, and it would seem that the basis of the pursuit might be some form of international child kidnapping scenario.

However, it is a little late one would have thought for Manz to be coming forward now, particularly when he says that he has been following the case from afar with the help of friends in Singapore and Jakarta.

Another aspect of the case which has had some coverage in Indonesia is the legal problems that Daisy has herself and the outstanding Interpol Red Notice that requires local police agencies to facilitate the apprehension of her. Indonesia has an Interpol liaison office.

The allegations against Daisy are that she facilitated the sexual abuse of a domestic servant, who was also legally her step-daughter, by her second husband, Juergen Reiner Noack Pinot. The allegations or rape, including forcible masturbation, were subsequently proved and Pinot served jail time. Not much it seems considering he was out in four months. For her part in the whole abuse scandal, Daisy was sentenced to 18 months in prison. Daisy has yet to serve a day of that sentence and that is why the French have sort the red notice.

It would seem that Daisy knows a lot about the sexual abuse of young and vulnerable women having participated in the perpetration of such abuse herself. If she is really so shocked and abhorred by such conduct then she must show that she has the courage of those convictions and return to France and face the legal music there.

I am sure the symphony that is planned for her on her eventual return is going to be far from the sweet music she thinks she might be able to enjoy in Jakarta.

Extradition treaty or not with France, Indonesia must show that it is committed to the elimination of all violence against women, even where this violence is perpetrated by women against other women.

Simply, Indonesia must comply with the red notice and facilitate the detention of Daisy Fajarina and allow her to be returned to France. The only way that this should not happen is if Daisy can show, and prove, that the process against her was fatally flawed and that the sentence imposed upon her was legally wrong.

As much as I might feel for Mano's plight with respect to the allegations she has made against the prince, and even if the allegations are true, this cannot and must not become a get out of jail free card for her mother.

Simply, Daisy Fajarina is not a victim here. If anyone is a victim then Mano is, assuming that the allegations can be made out. And, to date, they have not been made out. The truth is that Daisy is the perpetrator of some serious crimes of violence against another woman for which she has not paid the price.

Manohara Odelia Pinot -- Part III

The more I read about the Manohara (photo courtesy of The Jakarta Globe) case the more interesting it becomes in that slowing down as one goes past a car crash kind of a way. The story has all the ingredients for a TV movie, perhaps even a series or soap opera. It seems that these things are all possible with Manohara receiving numerous offers from local production houses in Indonesia. There has even been a suggestion that she will play herself in any movie of her story.

If the allegations of rape, torture, and other abuse is true, I really cannot fathom why you would want to play yourself and relive the horror. But, then again it is not me so I don't really know what motivates either Manohara or her mother, who seems to enjoy being in the spotlight. Although, reports suggest that Manohara is keen to continue her education in a business related field. Good luck to her on that front.

I strongly believe that an education is important. Let's face it, if your entertainment career does not pan out then at least you have other skills on which to fall back on to make ends meet.

No matter what happens, it would appear that Manohara is going to convert her new found fame as a result of her alleged trauma into an entertainment career, according to her mother they are still sifting through the offers and will ultimately choose one of them. Good luck to them both on that front as well.

Manohara's father is an American and her step-father is a Frenchman. Not too drama filled on that front. However, there is drama outside of Manohara's alleged abuse. The drama revolves around her mother, Daisy Fajarina, who it is alleged is subject to an Interpol warrant for her arrest relating to the abuse of a maid while she was living in France. It is being suggested that the reason Manohara and her mother fled France was not only the divorce of Daisy and her French husband, but the pending arrest.

If this is true, and there is a red notice with Interpol for her arrest then it does not make any sense for Daisy to be leaving the country. Also of interest is that the Malaysian authorities apparently know about this red notice. So, I would have figured they would have arrested her had she turned up on their shores.

Daisy would seem to be pretty safe in Indonesia as there is no extradition treaty between Indonesia and France. Nevertheless, the French want her for trial and I have no doubt would have broached the subject with their Indonesian counterparts both in Jakarta and Paris.

Somewhat ironic that Daisy is so vocal about her daughter being allegedly abused but not having too many problems about abusing others (allegedly).

The plot thickens.

Alleged Australian Sex Offender Arrested in Bali

Paul Francis Callahan fled Australia in 2003 headed for Bali after allegations surfaced that he had committed sex offences in Canberra.

Australian authorities learned of Callahan's whereabouts and placed a request with Indonesian Police to arrest him. The Indonesian Police granted the request and Callahan was arrested last Saturday in Kuta.

Callahan is currently in custody and awaiting an extradition hearing at the Denpasar District Court. By all accounts the hearing should be a mere formality.

Callahan on arrival in Bali has opened a surf gear business, married a local woman, and has a child with her. Strangely, this part of the tale sounds all too ordinary and is perhaps a case of evil living among us and we do not even know it!

Human Trafficking -- One for the Good Guys

Australia made a request under the provisions of the extradition treaty that it has with Indonesia that sought Indonesia's help in arresting Hadi Ali Asgar El Ahmadi. El Ahmadi is an Iraqi citizen and he is alleged to have trafficked some 900 people from the Middle East and Asia to Australia in the period from 1999 through to 2001. Most of these people are thought to have made their way through Indonesia.

Indonesia police arrested El Ahmadi at Soekarno-Hatta International Airport on 29 June. The arrest is only now coming to light.

The Office of the Commonwealth Attorney General is playing its cards close to its chest and refusing to make any comments other than they are considering an extradition request. It would seem to be a lot more than that seeing they have already gone to the trouble of making the arrest request. Nevertheless, the Australian government has 45 days from the date of arrest to make a formal extradition request.

With a bit of luck Indonesia's assistance will continue and El Ahmadi will be extradited to Australia to face an Australian court for the alleged crimes he has committed.