Australia-Indonesia Prisoner Exchange Agreement
Encyclopedia
Although there is an extradition
agreement and a 'Treaty of Mutual Assistance on Criminal Matters' between Australia
and Indonesia
, there is currently no formal agreement for prisoner transfer between the two countries. An Australian prison
er under sentence
in Indonesia
must serve their entire sentence there, and vice versa.
In June 2006, Indonesia's Minister of Law and Human Rights Hamid Awaluddin
stated that he and Phillip Ruddock, Australia's attorney general
were 'in full agreement' about the content of a proposed agreement.
Australian Justice Minister Chris Ellison
had sought agreement by September 2006 and has speculated upon a completion date of early 2007 with the first prisoner transfers to occur soon after.
However, a draft provided by him to the Indonesian Ministry of Justice and Human Rights was deemed unacceptable in late December 2006.
The majority of Indonesian nationals in Australian prisons are in custody for illegal immigration
or illegal fishing, while there are eleven Australians in Indonesian prisons on drug offences. There are between 40 and 50 Indonesians in Australian prisons.
Australian Attorney-General, Philip Ruddock, revealed on 6 March 2007 that discussions over the minimum time prisoners must serve in the country where they were sentenced had been largely resolved. Prisoners would have to serve at least half of their sentence in the jurisdiction in which they were committed.
In reference to Schapelle Corby
being treated for depression in May 2009, foreign minister Stephen Smith
said that the end to negotiations between Australia and Indonesia was not yet in sight.
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
agreement and a 'Treaty of Mutual Assistance on Criminal Matters' between Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, there is currently no formal agreement for prisoner transfer between the two countries. An Australian prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
er under sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
in Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
must serve their entire sentence there, and vice versa.
Course of negotiations
Justice authorities of both countries have been in negotiations for since April 2005 to forge a mutually acceptable Agreement.In June 2006, Indonesia's Minister of Law and Human Rights Hamid Awaluddin
Hamid Awaluddin
Hamid Awaluddin is the Ambassador Extraordinary and Plenipotentiary of the Republic of Indonesia to the Russian Federation and Belarus.- Biography :...
stated that he and Phillip Ruddock, Australia's attorney general
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
were 'in full agreement' about the content of a proposed agreement.
Australian Justice Minister Chris Ellison
Chris Ellison
Christopher Martin Ellison , is a former Liberal member of the Australian Senate. He represented Western Australia in the Senate from July 1993 to January 2009.-Background:...
had sought agreement by September 2006 and has speculated upon a completion date of early 2007 with the first prisoner transfers to occur soon after.
However, a draft provided by him to the Indonesian Ministry of Justice and Human Rights was deemed unacceptable in late December 2006.
The majority of Indonesian nationals in Australian prisons are in custody for illegal immigration
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
or illegal fishing, while there are eleven Australians in Indonesian prisons on drug offences. There are between 40 and 50 Indonesians in Australian prisons.
Australian Attorney-General, Philip Ruddock, revealed on 6 March 2007 that discussions over the minimum time prisoners must serve in the country where they were sentenced had been largely resolved. Prisoners would have to serve at least half of their sentence in the jurisdiction in which they were committed.
In reference to Schapelle Corby
Schapelle Corby
Schapelle Leigh Corby is an Australian woman convicted of drug smuggling who is imprisoned in Indonesia.Corby is serving a 20-year sentence for the importation of of cannabis into Bali, Indonesia...
being treated for depression in May 2009, foreign minister Stephen Smith
Stephen Smith (Australian politician)
Stephen Francis Smith , is the Australian Minister for Defence. He has been an Australian Labor Party member of the Australian House of Representatives since March 1993, representing the Division of Perth, Western Australia....
said that the end to negotiations between Australia and Indonesia was not yet in sight.
See also
- Australia-Indonesia relationsAustralia-Indonesia relationsAustralia–Indonesia relations are foreign relations between Australia and Indonesia.Since Indonesian independence, the two countries have maintained mutual diplomatic relations, formalised co-operation , a measure of security co-operation, broadening treaty relationships, co-membership of...
- Foreign relations of AustraliaForeign relations of AustraliaThe foreign relations of Australia have spanned from the country's time as Dominion and later Realm of the Commonwealth to become steadfastly allied with New Zealand through long-standing ANZAC ties dating back to the early 1900s, and the United States throughout the Cold War, to its engagement...
- Foreign relations of IndonesiaForeign relations of IndonesiaSince independence, Indonesian foreign relations have adhered to a "free and active" foreign policy, seeking to play a role in regional affairs commensurate with its size and location but avoiding involvement in conflicts among major powers...
- List of Australians in international prisons
- Bali NineBali NineThe Bali Nine is the name given to a group of nine Australians arrested on 17 April 2005, in Denpasar, Bali, Indonesia, in a plan to smuggle of heroin valued at approximately A$4 million from Indonesia to Australia...
- Schapelle CorbySchapelle CorbySchapelle Leigh Corby is an Australian woman convicted of drug smuggling who is imprisoned in Indonesia.Corby is serving a 20-year sentence for the importation of of cannabis into Bali, Indonesia...
External links
- Australian Minister for Justice and Customs announces intention to seek Agreement, 7 April 2005
- Australia, Indonesia 'to swap prisoners', 12 October 2006
- Agreement expected early 2007
- Preparations for Aus-Indo prisoner exchange agreement
- Indonesia rejects prisoner exchange draft, 29 December 2006
- Australia-Indonesia Extradition Teaty, in force from 21 January 1995
- Treaty between Australia and the Republic of Indonesia on Mutual Assistance in Criminal Matters, in force from 17 July 1999
- Australia's INTERNATIONAL TRANSFER OF PRISONERS ACT 1997