Danger of BI Philippines

Proxy of extortion in the Philippines

Australian Danny Jovica Detained in Phillipines
Posted by msdrookie80 on November 27, 2012
Posted in: Austalian Federal Police, Australian Embassy, Danny Jovica, Ezekiel Lok, Philippine Corruption. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

Danny (Drazen) Jovica, an Australian Citizen, is being detained due to Corruption Inside the Philippine Bureau of Immigration despite the best efforts of the President to stamp it out, it is as rampant as ever.

October 11th , Jovica received a SMS message from the Group of Ezekiel Lok an (Australian Citizen also) claiming they had bribed Philippine Immigration to issue an arrest warrant against him.

Jovica thought it impossible, in fact Jovica had already filed a case against the Bureau of Immigration in July of 2012, which was now in the Court of Appeals.

Nevertheless Jovica emailed his lawyers about the message and asked them to check with Immigration if it were true. Jovica’s lawyers assured him not to worry and explained how there is due process, how his release ordered by the Office of the President was still valid, how Immigration would need to wait for the court to decide and how this basic human right to due process of law and a trial was entrenched within the Philippine Constitution.

A week later after Jovica’s lawyers made enquiries with Immigration, they were pleased to report that there was no warrant.

On October 27th Jovica received a SMS message from the group of Ezekiel Lok, claiming not only was there an arrest warrant, but they had bribed officials with a 500,000 peso bounty.

On the 28th of October, Jovica received another SMS claiming they had increase the bribe/bounty to 700,000 for the Bureau officials to nab Jovica.

Once again Jovica was reassured by his lawyers the impossibility of Immigration disrespecting the Court of Appeals whilst a case was still pending with them.

On the 5th of November Jovica received a call from a close friend who had been contacted by Bureau of Immigration officials, claiming they had a warrant for Jovica’s arrest and requesting a meeting with the associate.

On the 6th of November, Bureau of Immigration officials met with the associate of Jovica and informed them that they had already received 500,000 in bribe money from Lok and that he was promising an additional 1,000,000 upon Jovica’s capture.

They were wanting Jovica to match the offer of Lok, pay them 1,500,000.00 and they would not execute the warrant and say they just can’t find me. Jovica declined the offer.

Once again Jovica informed his lawyers and then on the 7th of November proceeded to the Philippine Commission on Human rights and filed a complaint with them about this matter, as if true, it was a gross violation of my rights to due process, a trial and potentially illegal imprisonment.

On the 8th of October Jovica proceeded to the Australian Embassy to complain, and met with Consul Craig Wood as in Australia there is a law against bribing foreign officials. As Jovica exited the Embassy, a certain “Jasper” identified himself as a BI agent, presented a warrant and apprehended Jovica.

Jovica was brought to the 4th floor in Intramuros head office of the Bureau of Immigration, Room 402, where he was processed. After about 30 minutes, Jovica was told he should not be there, he could not be seen in that room and had to go downstairs to the 3rd floor Intelligence division.

The people on the 3rd floor had no idea who Jovica was or why he was there, so Jovica explained that he’d been apprehended by Jasper executing a warrant of arrest.

They seemed quite disturbed by this and insisted that was impossible as it was their job to implement warrants, and how come they were not informed and how it was usurping and undermining their authority.

Obviously they were not part of the group inside the Bureau who had been corrupted by Ezekiel Lok and it was the boys in 402 that got the 1.5 million bribe.

While Jovica was still inside Intramuros mere hours after being apprehended, Jovica received a SMS message from the group of Ezekiel Lok mocking him how he was arrested.

So it was clear as crystal then, Ezekiel Lok had been in collusion and conspiracy with BI officials he had bribed, and soon as they effected the arrest, they called him immediately to collect their prize.

So Jovica is now detained in Philippine Immigration Detention Centre, Camp Bagong Diwam, Bicutan, arbitrarily by the Bureau of Immigration, contrary to law and hoping for the Court of Appeals to act quickly to secure Jovica’s release.

So contrary to news reports, Jovica has not been deported, basically because they can’t deport Jovica while a case is still pending with the Court of Appeals, which Jovica’s lawyers are confident of a favorable result on the merits.

In the meantime the Bureau of Immigration is arbitrarily detaining Jovica, in violation of the Constitution of the Philippines and in violation of United Nations Conventions they are signatory to.

The Australian Embassy does nothing to assist, Jovica has asked them to make representations to the Bureau of Immigration, however thus far they have refused.

In regards to the crime of bribing foreign officials, Jovica has requested to meet with the Australian Federal Police to report the crime so they can investigate and act, but they are literally refusing to even meet Jovica saying they have no Jurisdiction, no wonder the OECD was scathing of the AFP here http://www.smh.com.au/national/oecd-blasts-australia-over-foreign-bribery-cases-20121026-28b8c.html

So at this stage for Jovica he is in a surreal situation like the show “locked-up” abroad, with the exception that Jovica has committed no crime and the guy (Ezekiel Lok) who is running amuck through the Philippines breaking the law is protected through public officials he bribes, despite it being against Australian laws, the AFP seems reluctant to even hear about it, let alone investigate it.

Furthermore contrary to media releases by BI that Jovica was working without a Visa, Jovica has a Full Permanent Immigrant Section 13 Preference Quota Visa issued 20th of April 2010 which pre-dates this action against him by Ezekiel Lok using BI as a tool to try deport Jovica for his own commercial gain and to avoid having to answer for his crimes in the Philippines.

Jovica is the complainant against Ezekiel Lok in Robbery proceedings in Cabadbaran City, Agusan del Norte and complainant against him for falsifying a Filipino birth certificate and Passport, he was born in Johore, Malaysia and migrated to Australia and later became naturalized.

The whole case against Jovica by Ezekiel Lok and the Bureau of Immigration is pure harassment to try and get rid of Jovica and protect Ezekiel Lok, a guy running rampant over the Philippines, committing crimes at will as he feels the country is lawless and he can always buy his way out of any situation.

Further more aside from Ezekiel Lok trying to use Immigration to deport Jovica to avoid having to answer for his crimes, his other ulterior motive has been to try wrestle control of the Philippine Registered Corporation, Austra Asia Ore, Corp from Jovica and other founding Filipino Stockholders by claiming he is Filipino, circumventing foreign ownership rules and falsifying deeds of sale of shares into his fake Filipino Identity to the tune of 59% stockholdings in this fake Filipino ID.

If Lok is successful in getting Jovica deported through bribing foreign officials to obtain commercial gain, he stands to gain a windfall of Corporation Assets valued at near $5Million dollars, this through Bribery of Foreign officials, is against Australian laws.

Jovica is now appealing to the public to pressure Australian Foreign Minister Bob Carr to make representations to the Philippine Government to stop this injustice and have the Australian Federal Police investigate Ezekiel Lok for the Crime of Bribing Foreign officials.

Embassy refuses to make representations
Posted by msdrookie80 on November 27, 2012
Posted in: Danny Jovica, DFAT, International Law, Philippine Corruption. Tagged: Austra Asia Ore Corp, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

An Australian is locked up abroad, contrary to International Law, however the Australian Government refuses to even ask why?

Mr Jovica received the following letter stating that the Department of Foreign Affairs and Trade will not be making representations on his behalf with the Bureau of Immigration.

So far the level of support received from the Australian Embassy has been :

Are you ok health and food wise?

Do you want us to contact family back home?
Here is a list of lawyers if you don’t have one.
Good luck ..Sorry nothing else we can do for you.

Australian Federal Police (AFP) refuse to investigate corruption allegations
Posted by msdrookie80 on November 27, 2012
Posted in: Austalian Federal Police, DFAT, Philippine Corruption. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

Are you an Australian? Do you want to bribe foreign officials but fear you will be prosecuted?

Well fear not and here’s proof the letter sent to Mr Jovica citing AFP’s refusal to investigate his allegations of corruption and bribing of foreign officials for commercial gain within the Phillippines.

The AFP does not have jurisdiction to accept reports of crime.

This is despite the statement found on the DFAT website stating:

“Bribing, or attempting to bribe, a foreign public official is a serious crime, subject to severe penalties. Australian companies or individuals that bribe an official in a foreign country can be prosecuted under Australian law and the laws of foreign countries.”

This issue has been highlighted in recent times with the OECD blasting Australia over the lack of enforcement of its foreign bribery laws. Read the article from the Sydney Morning Herald here.

Rampant Corruption inside the Bureau of Immigration
Posted by msdrookie80 on November 26, 2012
Posted in: Ezekiel Lok, Philippine Corruption. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

You may have read my earlier post on Ezekiel Lok, the guy born in Johore Malaysia who later migrated to Australia and became an Australian Citizen, who then magically became a Filipino Citizen overnight.

The same guy who had the arrest warrant for the Robbery case I discussed in an earlier post.

Well my complaint with the Bureau of Immigration filed against him in May 2010 has not moved, but he filed a complaint against me with the Bureau of Immigration as well, and Immigration has gone after me very aggressively.

To give you a background on the case I have a Permanent Immigrant Quota Visa, which entitles me to work in the Philippines and reside here, yet the charge against me in Immigration is working without the correct Visa!

In Immigration law they also have a concept of duality which means at some stage in order to obtain either a Quota or Investors Visa you have to first set-up operations in the Philippines such as a Corporation and hire staff etc..to prove you are actually investing in the country before you can apply for the Quota or Investor Visa.

Immigration law also says that once you have a Permanent Immigrant Visa granted it quashes the duality of you not having the right Visa whilst you were preparing for all the requirements of a SVEG or requirements of Immigrant Visa.

Despite this Ezekiel Lok by his own admissions has spent over $400,000 to try to get rid of me, much of which has been with Immigration, and this money he has spent has resulted in BI fast tracking the case against me and totally ignoring the case against him.

To cut a long story short Immigration issued a warrant of deportation against me, shortly after that I was apprehended and brought to Bicutan Detention centre where I was held for 6 months waiting for an outcome to my Petition for Review filed with the Office of the President (Malacanang), which in April of 2011 they ruled in my favor.

Malacanang ordered the Bureau of Immigration to release me and for them to review my case especially the fact that I have a Permanent Immigrant Quota Visa, basically the ruling from the Office of the President was that you can not deport someone who has not violated the Immigration laws and you can not cancel the Visa as an afterthought of Immigration ordering a deportation as the Visa itself means there is no basis for the ruling.

So my lawyer filed various motions including motions for a hearing as to date from day one until today there has been no hearing only a preliminary investigation conducted by Atty Henry Tubban of their legal department and motions to inhibit him and former OIC Ronaldo Ledesma from involvement in the case.

To my lawyers surprise without them even resolving our motions the Bureau of Immigration came out with an all-encompassing Omnibus Order denying all our motions for a hearing and to inhibit the corrupt officials involved in the original order and re-iterating the order for my deportation.

BI Omnibus order is attached as a PDF file here in the link for your reference. So my lawyer made a motion for reconsideration because of the serious irregularities in the way the Omnibus Order was made.

The motion for reconsideration was filed with the Bureau of Immigration highlighting amongst other things that I have not had a hearing until now, that we want a hearing to present our side of the case, that Malacanang ordered BI to review the case plus we added additional evidence relating to the fact that the Philippines is a signatory to the United Nations Convention on the Rights of a Child.

Here is the first page of the Motion for reconsideration:

MOTION FOR RECONSIDERATION filed with Bureau of Immigration

We also highlighted in the MOTION FOR RECONSIDERATION-JOVICA (the link is the rest of the pages of the motion) previous precedent where the Bureau of Immigration has recognized they are a signatory to the United Nations convention to the rights of a Child.

Despite all of this the Bureau of Immigration issued a resolution to our motion denying it and here it is :

Bureau of Immigration resolution

Can you imagine all the issues raised in our Motion for reconsideration and they in the end issue a final resolution which does not address a single issue we raised but in simple terms says “we are right and you are wrong” without even bothering to address a single issue raised in the Motion for Reconsideraton.

I remember when I went to the fourth floor at the Bureau of Immigration in Intramuros after the new Commissioner Ricardo David Jr just took office, and I confronted staff at Atty Tubbans office and said hopefully now with a new Commissioner and the new Policy of the Aquino administration of “walang corrupt” I would finally have a fair hearing and the corruption would stop inside the Bureau.

Their response to me was quote-un-quote “the new commissioner is only a General with no idea of Immigration law, so he must follow what the legal department recommends” …wow…I didn’t take that comment seriously at the time but it has proven true in the end.

So ultimately my fate now lays with Malacanang as my petition for review filed November last year is still pending and we are filing a manifestation highlighting the irregularities in how the Bureau of Immigration handled this case and a direct order from the office of the President.

Bail posted for robbery gang and a ‘death threat’ via Skype
Posted by msdrookie80 on November 26, 2012
Posted in: Danny Jovica, Ezekiel Lok, Philippine Corruption. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

The Robbery Gang of Ezekiel Lok posted bail for 12 of the 16 people charged, it was interesting to note that they did not post bail for four people.

So the person’s with arrest warrants still active are Cebodab Omandac, Venny Ker, Jose Calupig, and Arnold Andohohyan.

Venny Ker the wife of Ezekiel Lok is known to be in Australia.

Also interestingly the bail they paid was only 50,000 peso each, when the bail set by the Judge was 100,000 peso and the clerk of court explained to me that they automatically discount the bail by half if you pay cash! Unbelievable!

Ezekiel Lok is showing no remorse for his crimes and in fact the opposite, he is very confident his money will be able to buy his way out of jail. Here is an extract from a Skype Conversation with Ezekiel (Aka Albert) Lok I had yesterday.

[8/8/2011 9:28:42 PM] Danny Jovica: Did you post bail already?
[8/8/2011 9:28:54 PM] Danny Jovica: Lucky you were hiding on the week end
[8/8/2011 9:29:30 PM] Danny Jovica: New hold departure order on the way
[8/8/2011 9:34:42 PM] Albert Lok: you know wad?
[8/8/2011 9:34:46 PM] Albert Lok: the only thing that i had is money
[8/8/2011 9:34:52 PM] Albert Lok: and u know what again?
[8/8/2011 9:35:02 PM] Albert Lok: the only thing you do not have is also MONEY
[8/8/2011 9:35:13 PM] Albert Lok: so you can suck on that
[8/8/2011 9:35:33 PM] Danny Jovica: Your money will serve you well in Jail…suck on that
[8/8/2011 9:35:58 PM] Danny Jovica: Your nothing but a criminal

You can see above the arrogance of man, bragging about the money whilst trying to suggest that I do not have enough money to stop him facing the crimes he is charged for!

Is this the way the Justice System works in the Philippines? Can his money really buy a judge?

Here he goes on to say in the Skype conversation :

[8/8/2011 9:36:13 PM] Danny Jovica: you rob and steal from everyone

[8/8/2011 9:36:43 PM] Danny Jovica: There is still a law here

[8/8/2011 9:36:51 PM] Danny Jovica: no matter how much money you have

[8/8/2011 9:36:55 PM] Danny Jovica: the law prevails

[8/8/2011 9:36:58 PM] Albert Lok: so what i am a criminal? i am here sitting comfortably in my room with air con. and you? you cant even afford a room with AIR CON

[8/8/2011 9:37:02 PM] Danny Jovica: you will go to jail for your crimes

[8/8/2011 9:37:37 PM] Danny Jovica: But in Jail you will not have air-con

[8/8/2011 9:38:13 PM] Albert Lok: yes.. we can wait and see if i go to jail

[8/8/2011 9:38:35 PM] Albert Lok: to date i have not even experience the feeling of being handcuffed in public

[8/8/2011 9:38:45 PM] Albert Lok: it must be a very rich experience

[8/8/2011 9:38:48 PM] Danny Jovica: Your already a wanted criminal on

[8/8/2011 9:38:50 PM] Danny Jovica: bail

[8/8/2011 9:39:15 PM] Danny Jovica: so is your gang including your lawyer

Imagine the audacity in him saying “so what I am a criminal” and talking about how he is sitting in his room with air-con !

He continues with :

[8/8/2011 9:41:58 PM] Albert Lok: i am a wanted criminal who is sitting comfortably here. you can just come and try to get me into jail. lets see if u can succeed.

[8/8/2011 9:42:11 PM] Danny Jovica: your money in the end will be meaningless

[8/8/2011 9:42:19 PM] Danny Jovica: just like your word

[8/8/2011 9:43:18 PM] Albert Lok: money is not everything. but without money you are nothing

[8/8/2011 9:43:37 PM] Danny Jovica: your money will mean nothing when your in jail

[8/8/2011 9:43:39 PM] Albert Lok: maybe its meaningless with money when i died in the future. but currently, i am enjoying it

[8/8/2011 9:43:44 PM] Danny Jovica: just like your word

[8/8/2011 9:43:49 PM] Albert Lok: like i said. BRING IT ON

Can someone explain to me why this guy is so confident he will not go to Jail for his crimes because of his money?

[8/8/2011 9:47:57 PM] Albert Lok: i have all the criminal cases against me

[8/8/2011 9:48:02 PM] Albert Lok: but do you know something?

[8/8/2011 9:48:02 PM] Danny Jovica: your nothing more than a criminal

[8/8/2011 9:48:08 PM] Albert Lok: for all you are saying

[8/8/2011 9:48:16 PM] Albert Lok: i am still sitting right here waiting for you

[8/8/2011 9:48:23 PM] Danny Jovica: so am I

[8/8/2011 9:48:25 PM] Albert Lok: yea yea yea.. criminal

[8/8/2011 9:48:29 PM] Albert Lok: you are right

[8/8/2011 9:48:31 PM] Danny Jovica: I am still sitting here waiting for you

[8/8/2011 9:48:35 PM] Albert Lok: so what are you going to do about it?

[8/8/2011 9:48:43 PM] Danny Jovica: You spent $400,000 trying to get rid of me

[8/8/2011 9:48:47 PM] Danny Jovica: and I am still here!

[8/8/2011 9:49:00 PM] Albert Lok: do not worry about the money part

[8/8/2011 9:49:02 PM] Albert Lok: like i say

[8/8/2011 9:49:07 PM] Danny Jovica: Sure no problem

[8/8/2011 9:49:09 PM] Albert Lok: i have nothing but MONEY

[8/8/2011 9:49:17 PM] Danny Jovica: good

[8/8/2011 9:49:22 PM] Danny Jovica: you will need every cent

[8/8/2011 9:49:32 PM] Albert Lok: so quit barking like my jovica dog

[8/8/2011 9:49:36 PM] Albert Lok: when he is hungry

[8/8/2011 9:50:38 PM] Danny Jovica: lets see who is the dog in jail

[8/8/2011 9:50:46 PM] Danny Jovica: your a criminal

[8/8/2011 9:50:52 PM] Albert Lok: by the way… i have another 500k on standby just to do you in.

His arrogance is quite unbelievable here I am wondering if a Skype conversation would be accepted into evidence during the trial for the Judge to see how this man thinks and how openly and brazenly he brags of his money.

The last line Im not sure what to think of “I have another $500K on standby just to do you in” is it a death threat?

Again he continues :

[8/8/2011 9:51:08 PM] Albert Lok: yea yea yea.. i already said.. so what if i am a criminal

[8/8/2011 9:51:11 PM] Albert Lok: WHAT CAN YOU DO!!!!

[8/8/2011 9:51:17 PM] Albert Lok: COME GET ME YOU DOG!!!

[8/8/2011 9:51:17 PM] Danny Jovica: You will see

[8/8/2011 9:52:05 PM] Danny Jovica: your nothing but a liar and a criminal

[8/8/2011 9:52:32 PM] Albert Lok: yea you are right.. for someone who needs to hire a tricycle and take van to bxu. yeaaaaaaaa…. RIGHT….

[8/8/2011 9:53:08 PM] Albert Lok: talk is CHEAP

So we are back on the subject of Justice in the Philippines and how the system works, the man admits he has spent $400,000 USD so far to evade justice and bribe officials, and in a bogus immigration case he filed against me when I have a Permanent Immigrant Visa the charge was me working without the right Visa.

Now he says he has another half a million dollars set-aside to “do me in”…is this how the system will work in the end ? He seems very confident that he can buy his way out of jail and use his money to “do me in”.

Here is a Picture of Ezekiel Lok.

Arrest Warrants Issued
Posted by msdrookie80 on November 26, 2012
Posted in: Danny Jovica, Ezekiel Lok, Philippine Corruption. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

The Regional Trial Court Judge of Cabadbaran City, Agusan Del Norte has issued arrest warrants for the crime of Robbery with Violence Against Or Intimidation of Person for the following charged :

Ezekiel Lok alias Albert, Australian National (refer previous post on his Fake Filipino Citizenship)

Joel B Ferrer (The Attorney of Lok, who was present during the Robbery giving instructions).

Venny Ker, Australian National, Wife of Ezekiel Lok.

The attached arrest warrants of the main culprits Ezekiel Lok and his lawyer Atty Joel B Ferrer for reference here Ezekiel Lok Warrant and Warrant for atty Joel B Ferrer

This Criminal proceeding versus Ezekiel Lok and his cohorts is still ongoing with the next trial date the 29th of November, 2012.

This case is another reason why Ezekiel Lok in desparation has bribed Immigration officials to try and deport Jovica, the complainant, as if he can “get rid” of the Complainant then the case will be dismissed.

Formal Representations to Other Governments S 15.6
Posted by msdrookie80 on November 25, 2012
Posted in: Danny Jovica, DFAT, International Law. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption.

Formal Representations to Other Governments S 15.6
Posted by msdrookie80 on November 25, 2012
Posted in: Danny Jovica, DFAT, International Law. Tagged: Austra Asia Ore Corp, Australian Embassy, Australian Federal Police, Bribing Foreign Officials, Bureau of Immigration, Danny Jovica, Department of Foreign Affairs and Trade, DFAT, Drazen Jovica, Ezekiel Lok, Ezekiel Reyes Lok, Philippine Corruption, Philippine Immigration, Philippine Immigration Corruption. Leave a comment

WHAT AUSTRALIA AND DFAT CAN DO
According to the Consular Policy Handbook, Attachment D15.6 Representation to host Governements
“Although there are no strict international rules which limit representations, the Australian Governement will normally only approve representations on behalf of an Australian in two circumstances:
· When an Australian has been the victim of treatment less favorable than that which the host Government accords it’s own Citizens;
· When an Australian has suffered an abuse of human rights or natural justice, or when there has been a violation of International legal obligations;
In the case of Jovica he meets both the above criteria :-
The Philippine Government through the Bureau of Immigration is treating him less favorable than it accords it’s own Citizens as this is an Administrative Case there is NO CIRCUMSTANCE in which a Philippine Citizen would be arbitrarily detained by any Administrative Agency whilst he had a pending Court proceeding against that agency subject to Judicial review, in fact to arbitrarily detain someone would be a violation of the Philippine Constitution and illegal.
Even if you consider Jovica’s treatment compared to that of any other foreign National, the only detainees being held in the Immigration detention centre are those who are either fugitives in their own countries, have criminal cases in the Philippines against them or have over-stayed their Visa.
There is not a single detainee being held who has a Permanent Immigrant Preferential Quota Visa and no suggestion of a violation of it, yet being charged absurdly with working without a Visa when the above mentioned Visa allows you to work and do business in the Philippines.
Why is Jovica being treated so unfavorably and yet the Australian Government refuses to provide assistance?
The Policy Handbook continues to state “The actions of local judicial or regulatory authorities will often be the basis of a proposal to make representations. It is normal rule of international law that an alien cannot complain if committed to custody or punishment by a decree or sentence handed down by a judicial tribunal upon convict under local law”
However, this principle is subject to the following exceptions :
· When rules of natural justice or the normally accepted procedural rules are not observed in the trial;
· When the alien is subject to a sentence which may be regarded as unduly harsh or barbarous, compared with normally accepted international standards.
In the Case of Jovica he meets both criteria in the first instance there is no conviction to speak of therefore no justification for detention.
Arbitrary indefinite detention in these circumstances would be considered unduly harsh and barbarous compared with normally accepted international standards.
In the second instance the entire basis for Jovica’s action with the Court of Appeals for Judicial review of the administrative decision is because the normally accepted procedural rules and rules of natural justice were not observed by the Bureau of Immigration.
Still the Australian Government refuses to assist.
The main rules of Natural Justice are that :
1. The Courts and Agencies act fairly, in good faith and objectively
In the case of Jovica the Administrative action by the Bureau of Immigration was unfair, in bad-faith and ignored the facts which is why it is subject to Judicial review.
In the Second instance at Judicial Review Jovica had filed with the Court of Appeals for a TRO/INJUNTION against the Bureau of Immigration which was the subject of a Motion for reconsideration on July 17th 2012, the rules of Court provide that once that motion is filed the respondent agency such as the Bureau of Immigration has 15 Days to respond, yet 4 months later the respondent agencies have not replied and the Court is still awaiting comment instead of considering their lack of interest to respond and make a decision.
Now Jovica has been detained since 8th of November 2012, his lawyers have filed with the Court of Appeals an URGENT motion for his immediate release, according to International Law UN Covenant on Civil and Political rights CCPR Pg 236 it states “The Judicial decision must intervene “without delay” in Human rights case law it means “within weeks” yet weeks have passed already and there is no response from the Court to the URGENT motion nor the respondants”
The DFAT Policy guidebook goes on to say “In certain circumstances particularly when undue delay may constitute a denial of justice, the Government will consider representations urging that the matter be brought to resolution as soon as possible…this type of representation has the advantage that because it does not express any view on the merits of the case, it lends itself to a less formal approach”
Yet DFAT refuses to make any representations.
2. Each party has the opportunity to adequately state case and correct or contradict any relevant information prejudicial to that case;
In the case of Jovica this opportunity was not afforded him by the Bureau of Immigration, despite many motions requesting this opportunity, he was denied opportunity to a hearing, to present witnesses and to due process which is all the basis now of the Judicial review of this administrative decision.
3. A person is made aware of the nature of the accusation and the allegations are not heard in secret or in the persons absence;
In the case of Jovica this is exactly what has occurred an allegation was made, false charges laid of wrong doing and then the matter was heard in secret, there was no trial, no opportunity to present witnesses or even the Opportunity to testify himself despite numerous motions filed objecting to this abuse of due process a decision was handed down in Jovica’s absence;
So it is clear as Crystal that Jovica meets the guidelines set out by the Department of Foreign Affairs and Trade for them to make representations to the host Government, yet the reply Jovica received to this matter after 5 letters were written to the Embassy and DFAT was “The issues you have raised fall under a private legal matter. The Australian Government, through the Embassy, cannot become involved in any private legal proceedings”
The Policy guidebook Section 15.6 goes on to say “The Government will also consider representations if a state which arrests, prosecutes and punishes an Australian is in breach of treaty law or customary international law. Because that state will then be in breach of an international legal obligation, Australia will have legal standing or a legal basis or grounds to complain”
Yet again Jovica qualifies for representation according to the United Nations Convention on the Rights of a Child, the best interests of the Child shall be the Primary Consideration.
Jovica has even cited Bureau of Immigration cases where they have used this provision to dismiss cases against detainees who had children in the Philippines and had no criminal convictions, the Bureau acted in the best interests of the child, yet in the case of Jovica it acts with extreme prejudice against the interests of the child in detaining and trying to deport the father arbitrarily.
All the above notwithstanding the substantial evidence provided by Jovica to the Australian Embassy and the Australian Federal police regarding the Corruption within the Bureau of Immigration and how Ezekiel Lok has been acting in Collusion and Conspiracy with the Bureau of Immigration in bribing foreign officials for commercial gain.
Yet the Australian Government does nothing to assist Jovica, thus far the level of assistance has been limited to :
1. Are you ok? (Health/Food wise)
2. Here is a list of lawyers you can call if you don’t have one
3. Good luck…nothing else we can do to help.
Even in Jovica’s last letter to DFAT considering his ability to communicate has been severely restricted whilst detained, he requested the Embassy to forward and copy furnish his letter of the 19th to Senator Bob Carr being the Foreign Minister responsible for overseeing DFAT and the Shadow Foreign affairs Minister Julie Bishop, this simple request for assistance was DENIED! With their response basically being “send it yourself”.
So although the Policy handbook sounds nice and sounds like the Australian Government is prepared to help and assist it’s Citizens abroad when they face violations of Natural Law, Human Rights etc.. in reality their implementation of these policies is non-existant and they are happy to see an Australian Citizen detained (JAILED!) arbitrarily and say sorry nothing we can do …good luck mate!