'Nudge' Divhubinter Polri, Attorney For Legal Value Of Odd Arrest Of Canadian Citizen Fugitive Interpol In Bali

The Bali Police arrested a Canadian citizen named Stephane Gagnon (50) alias SG who is suspected of being an Interpol fugitive in Canggu on June 19. (Between)

JAKARTA - The Bali Police have arrested a Canadian citizen named Stephane Gagnon (50) alias SG who is suspected of being an Interpol fugitive. The arrests were made in Canggu, Bali.

SG's attorney, Pahrur Dalimunthe, admitted that his client was being played by an individual from the National Police's International Relations Division (Divhubinter). Pahrur said SG's identity was not on the official Interpol website.

"Because SG's red notice is not on the Interpol website," said Pahrur when contacted in Jakarta, Sunday, June 4.

Pahrur explained that this case began in February 2023, when SG was visited by unscrupulous members of the National Police Divhubinter who showed Interpol red notice paper.

At that time, the person said that SG entered the Interpol red notice and would be arrested 4-6 weeks later if he did not hand over some money.

However, feeling that what was on the Interpol's red notice was different from his identity, SG ignored the person's request.

Some time later, the person came back with several people. During the meeting, they said that an arrest would be made.

"At the request of these individuals, SG sent a sum of Rp. 750 million, Rp. 150 million, and Rp. 100 million. Everything was sent via transfer," said Pahrur.

It didn't take long, SG was again asked by Divhubinter officers to hand over Rp3 billion. The money is claimed to be distributed to several parties in the Divhubinter.

However, if the request of these individuals is not fulfilled until April 20, 2023, SG will be arrested.

"Feeling that he wasn't the one in the red notice, SG refused to give the Rp3 billion and felt that these individuals were syndicates," he said.

On May 19, 2023, SG was suddenly arrested at his residence in Canggu, Badung Regency, Bali. His house was also searched and several personal documents were confiscated.

"All these actions were carried out arbitrarily without being based on law, violating the Criminal Procedure Code," said Pahrur.

A day later, continued Pahrur, a police officer forced his client to sign several Indonesian-language documents which were later known about the arrest and detention letters based on and listing the name SG as a suspect for a criminal act based on a police report (LP) model A and an investigation warrant (sprindik). At that time, SG did not understand Indonesian language and was not accompanied by a lawyer.

Since signing the arrest and detention warrant, SG has been detained at the Bali Police Detention Center (Rutan).

"Obviously SG was not involved in any crime in Indonesia. The existence of the LP, investigation, and determination of the suspect in the document indicated that SG had committed a criminal act in Indonesia. In fact, it never existed," said Pahrur.

"The existence of LP, investigation, and determination of suspects on the same day are serious violations of criminal procedural law in Indonesia," he continued.

Even at the time of detention, SG was again visited by these Divhubinter officers. SG was lured by the freedom of the police and Immigration detention if he handed over Rp3 billion in cash.

Because he felt he was a victim of fraud, SG refused to comply with the request.

After 16 days of detention, SG was suddenly notified that he would be brought to Australia via Denpasar, Bali, on Sunday, June 4, 2023, at 22.00 WITA.

"Another oddity is that SG was taken without any handover to the Canadian authorities in Indonesia. So, it is not known where our client will be taken," he said.

Pahrur assessed that bringing a foreign citizen (WNA) not to his home country was a violation of extradition. "This is also a form of serious violation of criminal events in Indonesia and international human rights (HAM)," he said.

Pahrur added that Indonesia does not have an extradition treaty with Canada. Thus, it cannot make the arrest of someone listed in the red notice of Interpol.

Moreover, he said, usually the arrest of Interpol fugitives in Indonesia must be carried out directly by law enforcers from their home countries who issue red notices, whether they have extradition agreements or not. The handover was also carried out in Indonesia.

Indonesia, continued Pahrur, also has laws (UU) and implementing regulations on extradition. One of its contents is that the delivery of prisoners between countries who do not have extradition relations can only be carried out if at a diplomatic request to the Ministry of Foreign Affairs (Kemlu) and can only be done if they obtain presidential approval and are decided based on a state court (PN), where the fugitive was arrested.

"So, what was done by the policehubinter was also violating the Extradition Law because it brought someone illegally abroad, then handed them over to other parties abroad," he explained.

If this is true, Pahrur is worried about SG's safety because his client is a key witness who knows clearly the mode and evidence of a case broker in the arrest of an Interpol fugitive in Indonesia.

On that basis, Pahrur urged the National Police to postpone the implementation of his client's handover to Australia until SG's status was clear.

"There must be data similarity between Interpol's red notice and SG's identity. Red notice must be listed on the Interpol website as other fugitives," he said.

Pahrur also encouraged law enforcement or the Canadian government to be involved in the problems experienced by his client.

He also asked the KPK, Propam Polri, and Kompolnas to participate in an investigation into the strong suspicion that Interpol's fugitive marker had ensnared his client. "Because this is an act that undermines Indonesia's good name in the eyes of the international community," he said.

"We also demand that those who receive money, who are involved, be dealt with, as the actions taken by the National Police Chief to clean up irresponsible persons," continued Pahrur.

Previously it was reported that a Canadian citizen with the initials SG was arrested by the Bali Police. SG is suspected of being an Interpol fugitive.

The Head of Public Relations of the Bali Police, Kombes Stefanus Satake Bayu Setianto, confirmed that SG was arrested on May 20, 2023.

Bayu explained that SG was secured based on an arrest warrant with Number: SP.Kap/47/V/2023/Ditreskrimum, dated May 20, 2023.

"Unit 1 Sub-Directorate 4 of the Bali Police Ditreskrimum has arrested and detained the subject of a red notice by Canadian citizens," said Bayu in his statement.