- Australia-Indonesia Prisoner Exchange Agreement
Although there is an
extraditionagreement and a 'Treaty of Mutual Assistance on Criminal Matters' between Australiaand Indonesia, there is currently no formal agreement for prisoner transfer between the two countries. An Australian prisoner under sentence in Indonesiamust serve their entire sentence there, and vice versa.
Course of negotiations
Justice authorities of both countries have been in negotiations for since April 2005 [ [http://www.cript.gov.au/agd/WWW/justiceministerHome.nsf/Page/Media_Releases_2005_2nd_Quarter_7_April_2005_-_Australia_and_Indonesia_agree_to_seek_prisoner_transfer_agreement Australia and Indonesia agree to seek prisoner transfer agreement] ] to forge a mutually acceptable Agreement.
2006, Indonesia's Minister of Law and Human Rights Hamid Awaluddinstated that he and Phillip Ruddock, Australia's attorney general were 'in full agreement' about the content of a proposed agreement. [ [http://www.abc.net.au/news/newsitems/200606/s1674235.htm Govt close to finalising prisoner exchange treaty with Indonesia. 29/06/2006. ABC News Online ] ]
Australian Justice Minister
Chris Ellisonhad sought agreement by September 2006 and has speculated upon a completion date of early 2007 with the first prisoner transfers to occur soon after. [ [http://english.people.com.cn/200612/14/eng20061214_332309.html Australia, Indonesia could finalize prisoner exchange agreement soon: minister] ] However, a draft provided by him to the Indonesian Ministry of Justice and Human Rightswas deemed unacceptable in late December 2006. [ [http://news.ninemsn.com.au/article.aspx?id=151980 Australia plans prisoner exchange deal] ]
The majority of Indonesian nationals in Australian prisons are in custody for
illegal immigrationor illegal fishingreference required, while there are eleven [ [http://www.ag.gov.au/agd/WWW/MinisterRuddockHome.nsf/Page/Interview_Transcripts_2005_Transcripts_28_April_2005_-_Transcript_-_Ray_Hadley_Morning_Programme Transcript of interview with Attorney-General Ruddock by Ray Hadley. See 3rd paragraph of response by Attorney-General] ] Australians in Indonesian prisons on drug offences. There are between 40 and 50 Indonesians in Australian prisons. [ [http://www.foreignminister.gov.au/transcripts/2006/060629_lateline.html Transcript of interview with Minister Downer by Tony Jones. See 5th Paragraph of response by Mr Downer] ]
Australian Attorney-General, Philip Ruddock, revealed on
6 March 2007that discussions over the minimum time prisoners must serve in the country where they were sentenced had been largely resolved. [ [http://www.news.com.au/story/0,23599,21338579-2,00.html No transfer allowed for 'at least six years' | NEWS.com.au ] ] Prisoners would have to serve at least half of their sentence in the jurisdiction in which they were committed
Australia's International Transfer of Prisoners Act
Prisoners under death sentence in Indonesia would be excluded from the scope of the Agreement terms because of Australia's refusal to assist in the implementation of the death penalty in all cases] The main purpose of this law is [s.3]
'to facilitate the transfer ofIt also facilitates the transfer of sentenced
prisoners between Australiaand certain countries with which Australiahas entered agreements for the transfer of prisoners so that the prisoners may serve their sentencesof imprisonment in their countries of nationality or in countries with which they have community ties'. war criminalsto Australia.
For transfer in or out of
Australia, consent of the Australian Attorney-General and any involved AustralianState/Territory Attorney-Generalis required. Prisoners or their representatives must consent to transfer. They may only do so if they are adultand capable of doing so.
Conditions generally apply for transfer of a prisoner "to" or "from" Australia:
* their sentence and/or
convictionmust not be subject to appeal
offensethey are convicted of must also be an offensein the receiving country
* at least six months of the
sentenceterm must remain to be served.
Transfers will not be consented to where that may frustrate
extraditionto an interested third country.
prisoner is transferred "to" Australia, the Attorney-Generalhas a discretion about whether to convert the sentenceimposed by the judicial system of the transferring country. He/she may:
* affirm the sentence imposed
* "adapt" the sentence only to an extent that it may conform with
* substitute a different
Any adapted or substituted sentence may not be harsher than the original sentence imposed and the Attorney-General has discretion to direct entitlements to
paroleincluding the duration of any non-parole period.
In exercising his/her discretion to determine
paroleconditions the Attorney-General may inform him/herself as he/she thinks fit. That may include:
* submissions made by the transfer country or
* views expressed by any concerned State/Territory Minister
* views expressed by
paroleor prison authorities
* the equivalent sentence that would have been imposed under Australian law
* limitation or requirements arising from any agreements between Australia and the transferring country or Tribunal.
On transfer to
Australia, no appealor review in Australialies against the sentenceimposed by the transferring country or tribunal; nor is there any appealagainst the decision of the Attorney-Generalconcerning the enforcement of the sentenceimposed by the transferring country. Prisoners transferred to Australiaare taken to be federal prisoners for the purpose of classification, custodial transfer, release, conditions of imprisonment, program eligibility, temporary release, etc Prisoners transferred to Australiaare entitled to any remissions and reductions of sentence to which they would be entitled under Australian lawas though their sentence was for an offenceagainst Australian federal law. Prisoners transferred from Australiacease to be prisoners under Australian lawand become prisoners of the receiving country. Pardoning, quashing of conviction, amnesty, nullification or commutation of sentenceunder Australian law that would have affected the sentence of an Australian prisoners transferred overseas "must" be communicated to the authorities of the country that received him/her. The regime of pardons, amnesties, and other nullifications or commutations of sentences available under Australian lawwill apply without restriction to prisoners transferred to Australia. Australiawill implement any such pardons, amnesties, quashing or commutations from the transferring country or tribunalin respect of prisoners transferred in.
Transfer of a
Tribunal prisoner to Australiaalso requires the consent of the Immigration Minister.
Foreign Relations of Australia
Foreign relations of Indonesia
List of Australians in international prisons
* [http://www.cript.gov.au/agd/WWW/justiceministerHome.nsf/Page/Media_Releases_2005_2nd_Quarter_7_April_2005_-_Australia_and_Indonesia_agree_to_seek_prisoner_transfer_agreement Australian Minister for Justice and Customs announces intention to seek Agreement, 7 April 2005]
* [http://www.asia-pacific-action.org/southeastasia/indonesia/netnews/2006/ind38v10.htm#Australia,%20Indonesia%20'to%20swap%20prisoners' Australia, Indonesia 'to swap prisoners', 12 October 2006]
* [http://english.peopledaily.com.cn/200612/14/eng20061214_332309.html Agreement expected early 2007]
* [http://news.ninemsn.com.au/article.aspx?id=151980 Preparations for Aus-Indo prisoner exchange agreement]
* [http://www.news.com.au/dailytelegraph/story/0,22049,20989751-5006506,00.html Indonesia rejects prisoner exchange draft, 29 December 2006]
* [http://www.austlii.edu.au/au/other/dfat/treaties/1995/7.html Australia-Indonesia Extradition Teaty, in force from 21 January 1995]
* [http://www.austlii.edu.au/au/other/dfat/treaties/1999/10.html Treaty between Australia and the Republic of Indonesia on Mutual Assistance in Criminal Matters, in force from 17 July 1999]
* [http://www.austlii.edu.au/au/legis/cth/consol_act/itopa1997396/ Australia's INTERNATIONAL TRANSFER OF PRISONERS ACT 1997]
Wikimedia Foundation. 2010.
Look at other dictionaries:
Australia–Indonesia relations — Australian Indonesian relations are characterised by their geographically close locations, and a wide ranging political, security, commercial, cultural and people to people links. Since Indonesian independence, the two countries have maintained… … Wikipedia
Australia — /aw strayl yeuh/, n. 1. a continent SE of Asia, between the Indian and the Pacific oceans. 18,438,824; 2,948,366 sq. mi. (7,636,270 sq. km). 2. Commonwealth of, a member of the Commonwealth of Nations, consisting of the federated states and… … Universalium
List of Indonesia-related topics — This is a list of topics related to Indonesia. Those interested in the subject can monitor changes to the pages by clicking on Related changes ( alt k ) in the sidebar.This list can re read in conjunction with List of basic Indonesia topics… … Wikipedia
Military history of Australia — History of Australia … Wikipedia
Historia militar de Australia — Esta página o sección está siendo traducida del idioma inglés a partir del artículo Military history of Australia, razón por la cual puede haber lagunas de contenidos, errores sintácticos o escritos sin traducir. Puedes colaborar con… … Wikipedia Español
Military history of Australia during World War II — An Australian light machine gun team in action during the Aitape Wewak campaign, June 1945 Australia entered World War II shortly after the invasion of Poland, declaring war on Germany … Wikipedia
October 2006 — was a month that began on a Sunday. The month was marked by a nuclear test by North Korea that prompted that passing of Resolution 1718 by the United Nations Security Council. Also at the United Nations, Ban Ki moon was elected to succeed Kofi… … Wikipedia
October 2011 — is the tenth month of the current year. It began on a Saturday and ended after 31 days on a Monday. International holidays (See Holidays and observances, on sidebar at right, below) Portal:Current events This is an archived version of Wikipedia s … Wikipedia
2006 Lebanon War — For the First Lebanon War, see 1982 Lebanon War. 2006 Lebanon War Part of the Israeli Lebanese conflict and Arab Israeli co … Wikipedia
December 2004 — December 2004: ← – January – February – March – April – May – June – July – August – September – October – November – December → Contents 1 Events 1.1 Deaths in December … Wikipedia