Gajalakshmi Paramasivam – 13 April 2015
Drug Smuggling v Human Smuggling
The article in The Australian ‘Bali Nine members living in death’s shadow’ confirms further details of how Australian Federal Police (AFP) failed to protect fellow Australians from excessive punishment. Yesterday, after attending a discussion on ‘Asylum in Australia: Politics, the Law and the People’ I was disturbed by the ‘attitude’ demonstrated by a couple of young Asylum applicants who were claiming entitlements as per their ‘thought’ that they had the right to facilities – especially legal facilities. The AFP ‘thought’ they were right and as per published reports they still think they are right. Likewise the Refugee Applicants from Sri Lanka. How do we ordinary Australians promote such ‘thoughts’ in our society? Are these thoughts valid and if yes, what are their effects?
As per report in The Australian:
[“I’m very bitter about the fact that these kids were imprisoned in Bali rather than Australia,’’ says Michael Czugaj’s mother, Vicki. Czugaj, 29, serving a life term in Kerobokan, has struggled with depression and other ailments.
“If they were in Australia their lives would more than likely be back to normal by now. They all know they did wrong, but to pay with their lives is horrendous.’’]
The mothers of some of the Asylum seekers from Sri Lanka would say likewise about their children who suffer similar consequences – especially when they come by boat. I kept thinking about one who quit the position of trainee as arranged by our group – and came to Australia by boat – only to idle and he ended up witnessing a murder – in which one refugee applicant killed another. This has caused severe bouts of anxiety and depression in this young Sri Lankan. They are also in mental prison. This article is about which ‘prison’ is more damaging – mental or physical?
As per the report on the Bali 9:
[Stephens, a former bartender from Wollongong, says the pending executions remove all hope of freedom or redemption.
He voiced his desperation in a recent letter to The Australian:
“It is more humane to just take me out the back and shoot me like Andrew and Myuran.’’]
Our detention centers have recorded similar experiences.
In both instances law enforcement agencies have been involved in the outcomes. If we lose consciousness of who – every law must have a right and its equal opposite – a wrong. Where there are outcomes – that lead to an examination through the application of law/s a balanced judgment would need to make the connection between cost and benefit / cause and effect through the one outcome. Where this link is not made – the law is likely to damage the very people in whose name they are made.
As per the Australian report:
[Sydney-sider Chen, who shared a cell with Sukumaran, also shared his first art exhibition in 2010.
Chen displayed the fruits of his silversmithing — filigreed jewellery selling under the label Mule Jewels. The committed Taoist has carved out a niche in Kerobokan teaching inmates his skills and designing jewellery reflecting Taoist themes. Last year, he told Norwegian academic Ivar Schou that his craft represented escape: “Maybe my body is in prison, but my mind is not.”]
That brought to my mind – the philosophy underpinning Dancing Shiva which philosophy was included in the book ‘Tao of Physics’ by physicist Fritjof Capra. As per my understanding of Shiva philosophy in Hinduism – one can either be an Observer or an Experiencer at any one time. One cannot be both at the same time. In Hinduism this is depicted by Meditating Shiva and Dancing Shiva respectively. Dancing Shiva is about the Experience of work when one does not see the cost and benefits. Meditating Shiva personifies the still mind of a still body – which facilitates is blind to itself but sees all other bodies/outcomes in a matter. This is the parallel of Blindfolded Lady Justice. In terms of the issue before us – the law enforcers need to be observers and not produce their own outcomes. The litigants on the other hand – must keep working without pausing to observe. The two would then merge as One. Beyond the Mind and the Body. We recognize this as feelings.
The personification of Time under the Right foot of Lord Shiva is known as Kaalan in Tamil. Time keeps moving and hence we cannot ‘see’ time. We know about time through the effects. Hence if we keep working – we do not ‘see’ death. We transcend the visible outcomes of our work and have the eternal/absolute experience. This believer Chen of Sydney, is thus connected to the mind of Tao, which helps him transcend his physical environment. This cannot happen without Chen having balanced the negative forces in his mind. The higher plane is possible only where there is net positive force.
By killing the body that represents that mind, those who cause that killing would manifest / give birth to a new negative force – either in their form or in the form of a new life closely connected to them. That is how Truth shows the ‘ownership’ to the still mind. It is therefore the Duty of Truth to manifest that negative mind close to the physical environment that earned it. The sanctity of a place is the net positive forces at that point. In this instance – the AFP and the Indonesian Legal authorities who applied the letter of law for their personal benefits – would be the ones to carry that mind at the primary level. All heads of Governments who turned a blind eye to the death of the old and the birth of the new despite having the power to use discretion to improve the mind/s they have influence over – would also carry those minds as negative forces at policy level – for example human smuggling in the case of both nations involved.
As per the report in The Australian:
[New guidelines for the AFP in cases involving the death penalty were introduced in 2009 after the federal court ruled the AFP had acted lawfully in the Bali Nine case.
The AFP can still provide a tip-off without government approval to foreign police about Australians who could commit a capital offence, though it must consider their age, personal circumstances and potential risks.
“The AFP guidelines on international police-to-police assistance in death penalty situations need to be changed urgently,’’ Welfare says.
“The discretion to provide information to police forces of foreign countries which carry the death penalty before any Australian citizen is detained, arrested or charged needs to be made by the attorney-general, subject to the same criteria that is now exercised by senior AFP management. It is too late for the minister to be informed after an Australian citizen is arrested and facing the death penalty because it is then beyond control. Once arrested, the Bali Nine were subject to the sovereignty of Indonesia.”
For 10 years, Australians have followed the lives of the hapless nine. A decade down the track, how are they coping?]
How are we coping? We feel that the law is empowering the Law enforcement agencies to profit in our name. In criminal matters – the cost as well as the benefit must come to the People in Common. We are expecting Indonesian Judicial system to review their decision but we have not reviewed our own! When an Australian we feel connected to feels powerless – we feel powerless. The only way out is to transcend the human system and work the higher system by immersing ourselves in prayers and work – meditation and dance. The former helps us realize that we are One Globe entitled to One Law as per our Truth. We then do not see anything less as an outcome but just that manifestation of the mind. The latter helps us have the Experience of the forces in the body - without seeing the outcomes of our own work and/or those of others. One is zero mind – as in no moon and the other is full mind as in full moon. One is a continuation of the other as birth is a continuation of death.
As per the amendments to ‘interpreting’ the law we see the following amendments:
AFP National Guideline on international police-to-police assistance in death penalty situations
7. Policy for cooperation with foreign law enforcement agencies
On 29 January 2009, the Attorney-General approved a range of measures to strengthen current policy governing international crime cooperation in death penalty cases.
Assistance before detention, arrest, charge or conviction
The AFP is required to consider relevant factors before providing information to foreign law enforcement agencies if it is aware the provision of information is likely to result in the prosecution of an identified person for an offence carrying the death penalty.
Senior AFP management (Manager /SES-level 1 and above) must consider prescribed factors before approving provision of assistance in matters with possible death penalty implications, including:
· the purpose of providing the information and the reliability of that information
· the seriousness of the suspected criminal activity
· the nationality, age and personal circumstances of the person involved
· the potential risks to the person, and other persons, in providing or not providing the information
· Australia’s interest in promoting and securing cooperation from overseas agencies in combatting crime
· the degree of risk to the person in providing the information, including the likelihood the death penalty will be imposed.
The above confirm the lack of commitment by Australian Government to lifting the relevant Law and Guidelines to the global level. Once we are dealing with international agencies – we need to deliver independent outcomes as per the Spirit of the law. As per my experience with Australian Police – even our Ministers are reluctant to change rulings made by lower officers – where the person charged seems insignificant. In the case of Bali 9 - the Federal Courts have upheld the decision made by AFP to be lawful and they would continue to do so – irrespective of whether the decision is made by a senior officer or a junior officer. We need to be true to ourselves and admit that WE placed credits for the AFP before the welfare of the People – as represented by a self-governing person – the father of Scott Rush. As per the report in The Australian:
[Brisbane courier Scott Rush, 29, found himself at the centre of the storm after his father Lee asked a lawyer and family friend, Robert Myers, to contact the AFP to stop Scott going to Bali. Lee had feared his son was involved in a drug-smuggling plot.
Instead, on April 8, the day Rush flew out of Australia, the AFP sent a letter to the Indonesian National Police alerting them to the Australians’ heroin operation. A second detailed letter sent days later sealed their fate.
Says Myers of the pending executions: “The government … won’t condemn the AFP. There is nothing clearer than they (the AFP) did the wrong thing.
“We cannot sacrifice an Australian citizen for whatever bloody cause.
“They acted like a mob of cowboys; they had no authority. One of the real crimes was they did not take the investigation further.” The masterminds remain a mystery.]
The rule as per Natural Law of Truth is that one has to do the work to own the outcome and/or make the sacrifice and forego equal or higher status and show respect for the person who did the work. The Government does not have the authority to use the outcomes of the work of a citizen – without the approval of the citizen. Our privacy laws become a mockery without this discipline by law enforcement agencies. It’s like law enforcement agencies having a free license to enter our homes anytime they sought to do so. If Scott’s father did the work and made the sacrifice to inform AFP – the AFP should have acted as Mr. Scott’s Police and not taken up a mandate on their own unless another Australian was in greater need of protection at that time in that matter. Here it was Scott’s father who was entitled to the service of the AFP – as if they were his medium for upholding law and order. Instead the AFP and the Indonesian Authorities shared that Authority to hurt us – Australians – especially self-governing Australians. AFP had the duty to be the Observer and NOT the participant. They and the Indonesian officers who accepted the information stolen from the Australian Public are the ones to be punished for the excessive suffering by the Bali 9 and their families and for the loss of self confidence in the minds of Australians in whose name that Authority is continuing to be shared.
The above changes requiring the approval of SES Manager 1 or above – need to be measured against our expectations that the President of Indonesia should use his discretionary powers in our favor. At the Observed level - we are equating the SES Manager 1 to the Indonesian President.
The way a junior officer would interpret the law would be different to the way a senior officer would interpret the same law. The former’s would be close to the letter of the law and the latter’s would be close to the spirit of the law and therefore comes with the powers of those who discovered that law. The higher the person’s thought structure the wider the coverage of groups served by the decision. Hence any International Decision needs to be the responsibility of the one closest to the Spirit of the Law. If we do not have such an officer – then we must ‘wait’ until we can observe the offence locally and apply the letter of the law.
When I was arrested for Peaceful Assembly at the University of New South Wales – the arresting officers used the ‘effects’ based method and not the ‘Rights’ method – except that the effects were in their own minds and not as observed physically. The mind-effects were the picture that the senior Management of the University did not like me because I was considered a nuisance. The legislation in whose name I was arrested was Inclosed Lands Protection Act 1901. None of them understood the legislation they used not did they apply the wording accurately. Accuracy is essential where action is taken as per the rule. Even today – they would do likewise even though that know that their arrest is not lawful. Even now, the Courts would turn a blind eye to that illegal arrest.
If their actions were ‘Right’ as per the LAW – then every person who enters the University of NSW without the prior approval of an officer of the University – is Trespassing. The Courts upheld the actions of the Police – just as the Indonesian Legal system has in relation to the Bali 9.
Death to the body is far less damaging than living with depression. It is my belief in God that lifted me up from my emotional trauma and helped me to listen to my inner Truth through my work. By doing this I have developed my own inner Justice system and all else becomes temporary to complete the picture for others needing physical confirmations of their work and sacrifices.
I believe that my mind is now naturally supporting other genuine victims of the excessive forces of legal systems. As an active participant, I help them follow Due Processes as per their official systems in their respective environments and then submit their Truth to the Lord which helps us accept the Natural outcomes. I recognize the power of my own work of the past manifesting through those who are currently active in that system. This I believe is how Natural systems develop to support the self-governing person. Where the victim believes in me and I have credits in relation to that issue – we make up a natural team. Then we would recognize the pathways shown by the Lord and travel along that pathway together. Where we hold common beliefs – we may not know each other and yet we would travel together to produce common outcomes through the system of Truth. There is no death for such partnerships. Like Public Limited Liability companies – they are eternal through their core purpose – which in this instance is to realize that we are all part of One.
Using Australian work to pass on information without the authority of the Australian - to Indonesia is - Human Smuggling which has already happened. The drugs that the Bali 9 carried – did not reach the destination and therefore there was NO SMUGGLING observed at the physical level. The Indonesian Government never had the authority to punish for Smuggling. It had the authority to punish only for possession of dangerous goods at that place. In this instance the just punishment is to remove those dangerous goods and use their visa system to prevent those concerned from entering Indonesia for stipulated period or for all times. In other words – they are dead as far as Indonesia is concerned. That kind of respect for others’ territory would invoke Divine Powers to protect Indonesian minds from getting damaged by unauthorized/stolen knowledge. The value of the mind is higher than that of the body. Killing the body when the mind could be cured – is murder.