Polemics Over Mary Jane's Transfer to the Philippines and the Bali Nine Gang's Transfer to Australia

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December 15, 2024 | 05:24 pm

Undersecretary at the Department of Justice of the Philippines, Raul Vasquez shakes hands with Indonesia's Chief Minister for Law and Human Rights, Yusril Ihza Mahendra after signing an agreement over the transfer of Mary Jane Veloso, a Philippine woman spared execution on charges of drug trafficking in 2015, in Jakarta, Indonesia, December 6, 2024. REUTERS/Ajeng Dinar Ulfiana

TEMPO.CO, Jakarta - Indonesia's Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra revealed that three countries have submitted requests for prisoner transfers, namely the Philippines, Australia, and France. The process with the Philippines and Australia, including the repatriation of drug convict Mary Jane and members of the Bali Nine, is ongoing.

According to Yusril, the draft conditions for the repatriation of the Bali Nine members have been submitted to Australia for study. If Australia agrees or provides input on the draft, further discussions will be held until an agreement is reached. Yusril said that if the Australian Government immediately agrees to the conditions from Indonesia, the transfer of the Bali Nine can be carried out in December this year.

The process of transferring the Bali Nine and Mary Jane is different. Mary Jane, who is on death row, has not been executed by Indonesia so her transfer is more complex. In contrast, the remaining members of the Bali Nine are serving life sentences.

Bali Nine refers to nine Australians involved in a 8.2 kilogram heroin smuggling case in Bali in 2005. Of the nine prisoners, two, Andrew Chan and Myuran Sukumaran, were executed in 2015. Meanwhile, Renae Lawrence was released in 2018, and Tan Duc Thanh Nguyen died while serving a life sentence in the same year.

Currently, the five remaining members of the Bali Nine in Indonesia are Si Yi Chen, Michael Czugaj, Matthew Norman, Scott Rush, and Martin Stephens. Their transfer process to Australia depends on the decision of the Australian Government. Yusril hopes that this step can be completed soon, with the hope that there will be an agreement between the two countries to transfer the prisoners according to international legal procedures.

Mary Jane and Bali Nine Transfer Process

Yusril Ihza Mahendra explained that the Indonesian government is following up on the President's direction regarding requests from several friendly countries to transfer their citizens serving sentences in Indonesia. Three countries, namely the Philippines, Australia, and France, have submitted official requests. Of the three, negotiations with the Philippines and Australia have made significant progress, with the Philippines having signed an agreement, while those with Australia are still in the process of being finalized.

However, Yusril acknowledged that there were a number of obstacles in the negotiations with Australia. He is optimistic that this problem can be resolved soon, with a target of completion in the next few days or weeks. In addition, he said that the Bali Nine case is also almost finished. The government hopes that all prisoner transfer processes, including with the Philippines and Australia, can be completed before Christmas.

In a previous meeting with Australian Home Affairs Minister Tony Burke, Yusril submitted a draft of prisoner transfer requirements to the Australian government. The draft has been reviewed by the Australian Embassy in Jakarta. Yusril said that neither Indonesia nor Australia have specific regulations regarding prisoner transfers, so a practical agreement is needed as a solution.

He added that a similar draft has also been submitted to the Philippine government for the Mary Jane case, which received a positive response. On the other hand, Australia still needs time to study the draft. One of the main requirements put forward by Indonesia is respect for state sovereignty.

Yusril is optimistic that this agreement will be realized soon, considering that both parties are committed to completing negotiations in the near future. Thus, the transfer of prisoners can be carried out in accordance with the agreed provisions.

Dani Aswara contributed to this article.

Editor's Choice: Indonesia Preps Repatriation of Prisoners from Philippines, Australia, and France

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