Jakarta (ANTARA) - Indonesia's Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra said he will receive a visit from an Australian official to discuss the transfer of five drug smugglers, part of Bali Nine, next week.
Mahendra stated that negotiations will be held at the meeting regarding the conditions proposed by Indonesia to Australia for the request to transfer the five prisoners to return to their home country.
"We want to convey to them the conditions that the Australian Government must fulfill. They must agree to the conditions first," he remarked at a media gathering in Jakarta on Thursday.
The five foreign national prisoners who are members of the Bali Nine are Si Yi Chen, Michael Czugai, Matthew Norman, Scott Rush, and Martin Stephens.
Mahendra said the first condition to be proposed is that the government of the country concerned must officially request Indonesia to transfer the prisoners back to their home country.
Under the second condition, the country requesting the transfer of prisoners must recognize and respect the Indonesian court's decision, as the Indonesian court has the authority to try criminal acts within the territory of Indonesia.
“Our court’s decision cannot be questioned,” Mahendra remarked while adding that if proven guilty to be sentenced to 20 years in prison or life imprisonment, even the death penalty, then it should be implemented accordingly.
The third condition establishes a reciprocal mechanism for prisoner transfers, wherein if the Indonesian Government requests the transfer of Indonesian citizens imprisoned in a country that previously initiated a prisoner transfer from Indonesia, then that country must also consider approving Indonesia’s request.
However, he noted that the expenses and security arrangements for transferring prisoners from Indonesia are fully managed by the country initiating the transfer, with Indonesia's security obligations concluding at the point of delivering the prisoner to the aircraft.
Under the fourth condition, the coordinating minister explained that if the prisoners have been transferred to the country of origin, then the Indonesian Government still has access to monitor them, despite the responsibility for guidance being shifted to the country concerned after the transfer.
"If their president wanted to grant clemency to the prisoner, then that is their authority, and we respect it," Mahendra stated.
He remarked that the various conditions proposed are the same as those agreed upon in the transfer of a death row convict in the drug smuggling case, Mary Jane Veloso, to the Philippines.
In addition, he said the conditions would be put forth to the French Government, which has submitted a request for the transfer of one prisoner to return to the country.
Mahendra could not reveal the identity of the French prisoner who was requested to return to his country, but so far, the French Government has requested the transfer by letter despite no direct meeting.
The Bali Nine is the nickname for nine Australian prisoners arrested in Bali, Indonesia, for their involvement in a drug syndicate case in 2005.
The nine convicts were proven to have smuggled 8.2 kilograms of heroin from Indonesia to Australia and were given different sentences.
The nine convicts are Andrew Chan, Myuran Sukumaran, Si Yi Chen, Michael Czugai, Renae Lawrence, Tan Duc Thanh Nguyen, Matthew Norman, Scott Rush, and Martin Stephens.
Related news: Minister reviews transfer of Bali Nine members to Australia
Related news: Bali`s justice office welcomes Corby`s apology
Translator: Agatha Olivia Victoria, Cindy Frishanti Octavia
Editor: Rahmad Nasution
