Bali Nine’s transfer plan marred by legal issues – Politics

Indonesia has agreed “in principle” to hand over five prisoners to Australia, Law Minister Supratman Andi Agtas told Reuters on Saturday, but details of the transfer were still being determined as Indonesia wanted some prisoners held in Australia to be extradited. . In return, he will be sent back to his country.

The five Australian prisoners were members of the Bali Nine who were arrested in 2005 for attempting to smuggle just over 8 kilograms of heroin from Bali. They are the last remaining members of the group serving life sentences. Others were executed, released, or died of other causes.

Supratman acknowledged that Indonesia lacks formal procedures for international prisoner transfers, but said those procedures would be developed soon. He added that the transfer would depend on the other country’s recognition of Indonesia’s judicial process.

“This (transfer) is important to maintain good relations with friendly countries. But it is also in our interest because we have prisoners abroad,” Supratman said, as quoted by Reuters. he said.

According to AFP, Australian Trade Minister Don Farrell confirmed that negotiations are ongoing and that the five Australians will continue to serve their sentences if the transfer deal goes ahead.

Every Monday, Wednesday and Friday morning.

Delivered straight to your inbox three times a week, this special briefing provides a concise overview of the day’s biggest topics, covering a wide range of topics from politics to culture and society.

for signing up to our newsletter!

Please check your email for your newsletter subscription.

View More Newsletters

Political and Security Coordination Minister Yusril Ihza Mahendra and Presidential Communications Office head Hasan Nasbi were unavailable for comment when contacted. Jakarta Post Sunday.

Also read: Indonesia agrees to extradite death row inmate Mary Jane Veloso to Philippines

If the prisoner transfer goes through, it would be followed by another transfer under the Prabowo administration, that of Filipino domestic worker Mary Jane Veloso, whom Indonesia agreed to return to the Philippines last week. Veloso is currently in Yogyakarta prison, where he has been for 14 years. He was sentenced to death.

Rights activists applauded the government’s decision to extradite Veloso. However, some legal experts questioned the legal basis for his transfer.

Coordinating minister Yusril said on Friday that such an agreement was possible through mutual legal assistance (MLA) regulation, which he said was within the authority of a sitting president to pursue despite the lack of regulation.

But he also called on the government and lawmakers to pass a law on the issue as soon as possible.

change of tone

Indonesia’s very strict drug laws, which do not spare foreign nationals from the death penalty, have sparked international outrage in past incidents.

The execution by firing squad of two ringleaders of the Bali Nine, along with five other foreign nationals and an Indonesian, in April 2015 caused a major diplomatic rift between the administration of then-president Joko “Jokowi” Widodo and Australia. the ambassador protested.

Veloso, meanwhile, was supposed to be among the convicted convicts before he was granted a last-minute reprieve, which was followed by many failed attempts by the Philippines over the years to request his return.

When it was finally delivered last week, Philippine President Ferdinand “Bongbong” Marcos Jr. expressed his “heartfelt gratitude” to Prabowo, whom he met at a bilateral meeting in September when Prabowo was still president-elect.

Also read: Indonesia agrees to extradite death row inmate Mary Jane Veloso to Philippines

As in Veloso’s case, the Australian government had no chance of negotiating the return of the remaining members of the Bali Nine until Prime Minister Anthony Albanese made a direct request to Prabowo on the sidelines of the APEC Summit in Peru last week.

Prabowo also received a similar request from France during the summit.

Legal basis

International law expert Hikmahanto Juwana warned the government against rushing into any prisoner transfer plans, saying it would set a bad precedent for the Prabowo administration if Indonesia did not pass a law on the issue.

“(Continuing the transfer without a clear legal basis) will tear our current laws to shreds. “Previous administrations have always maintained that prisoner transfers would not be possible because there is no specific law, but the new administration seems to be completely ignoring this fact,” he said. to mail Sunday.

“Prabowo has a ‘good neighbour’ policy but he cannot ignore our laws,” he added.

International relations expert Ahmad Rizky M. Umar said Indonesia’s newfound tolerance on prisoner transfers was likely a result of Prabowo’s interest in improving bilateral relations.

“If prisoner transfer is part of a larger agenda, that is something that needs to be clearly communicated, and the transfer plan itself needs to have a clear legal basis,” Ahmad said.

Also read: Minister argues Mary Jane Veloso’s return is at president’s discretion

He called on lawmakers to first pass a law on prisoner transfers and for the Prabowo administration to clearly communicate the law’s policies to countries with which it is negotiating.

Usman Hamid, Executive Director of Amnesty International Indonesia, said negotiations on prisoner transfers should provide an impetus for Indonesia to re-evaluate its stance on the death penalty rather than simply reaching a commercial agreement.

“It is time for Indonesia to comply with international standards (on how to treat prisoners), including abolishing the death penalty, or at least declare a moratorium,” Usman said.