A member of the Bali Nine drug syndicate cried tears of joy on hearing he and the remaining detainees serving life sentences in Indonesia jails could be transferred to Australia, according to a prison doctor.
But the fate of the five men remain uncertain, amid ongoing sensitive negotiations and criticism from within Indonesia that a transfer would make the country look weak and undermine its sovereignty.
Matthew Norman in Kerobokan prison in 2018. Credit: Amilia Rosa
Family members of the prisoners were reluctant to speak on Saturday ahead of any final decision, while news of the potential deal delighted associates including a barrister and a Catholic bishop.
Martin Stephens, Scott Rush, Si Yi Chen, Matthew Norman and Michael Czugaj remain in prisons on the islands of Bali and Java, after being convicted for their roles in the 2005 heroin smuggling attempt.
On Saturday, Bali’s Kerobokan Prison was closed to visitors but the prison’s doctor, Agung Hartawan, who has looked after the health of the prisoners since the Bali Nine were first jailed, reacted to news of their potential transfer with surprise.
Kerobokan prison in Bali, where Matthew Norman and Si Yi Chen are detained. Credit: Amilia Rosa
Hartawan said he would miss Norman, who was 18 at the time of his arrest, saying he was a “good man” who helped others inside prison and had cried upon hearing of the transfer talks.
“I asked him why he cried, he said, ‘It was tears of joy’,” Hartawan said.
“He was happy, elated, of course he’s happy. You can see how happy he is, his body language.”
Prime Minister Anthony Albanese directly lobbied Indonesian President Prabowo Subianto when the two leaders met on the sidelines of the APEC conference in Peru earlier this month.
Assistant Treasurer Stephen Jones confirmed the government continued to advocate for the cases of the Bali Nine, but refused to be drawn on the next steps, saying: “You’d all be aware that these are delicate issues and I want to ensure that their welfare is maintained.”
Indonesia’s Co-ordinating Minister for Law, Human rights, Immigration and Corrections, Yusril Ihza Mahendra, confirmed the discussions.
“The Indonesian president replied that they are reviewing and processing the matter and hoped that it could be implemented in December,” he said.
Prime Minister Anthony Albanese and Indonesian President Prabowo Subianto discussed the Bali prisoners in Peru this month.Credit: Alex Ellinghausen
Yusril, who also pointed to a November 7 letter from Home Affairs Minister Tony Burke, said Australia would need to refrain from questioning the sentencing decisions of Indonesian courts and would be obliged to consider similar transfer requests from Indonesia in the future.
Donald Rothwell, professor of international law at ANU and an expert on international prison transfers, said there was “no legal framework in place whereby the five Australians could be transferred to Australia to serve out their remaining jail time”.
Rothwell said despite this, “Indonesia may be preparing to release the five Australians as a gesture of goodwill towards Australia”.
But Hikmahanto Juwana, an international law professor at the University of Indonesia, sharply criticised the mooted transfer.
“How can other countries decide and change sentencing made in our court without even consulting us?” Hikmahanto said. “Our sovereignty is being ripped [to shreds].”
Nyoman Parta, a member of the ruling Indonesian Democratic Party, Struggle, also argued against the deal in a statement to the House of Representatives, the Daily Telegraph reported.
“Do not let this country appear weak by ignoring existing laws on the grounds of international co-operation, then repatriating foreign prisoners to their country,” Parta said.
Speaking from Bali, Darwin-based barrister Colin McDonald said he was relieved and happy for his former client, Scott Rush, who was 19 when arrested.
“This is a very important and welcome decision, to have the remaining members of the Bali Nine returned to have a life back in Australia after serving so many years in prison and so many of them under the threat of the death penalty,” McDonald said.
“One never forgets cases that involve the death penalty, but I’m very appreciative of my Australian and Indonesian colleagues for the work they’ve done and for the support and assistance that all the members of the Bali Nine get from the Department of Foreign Affairs and our consular representatives.”
Rush, from Brisbane, was sentenced of life imprisonment by the Denpasar District Court in early 2006, but this was upgraded to the death penalty on appeal later that year. The sentence was commuted back to life after an Indonesian Supreme Court review in 2011.
McDonald said his heart went out to Andrew Chan and Myuran Sukumaran, who were found to be the ringleaders of the drugs importation plan and sentenced to death. They were executed by firing squad in 2015.
Another detainee, Tan Duc Thanh Nguyen, died from cancer in June 2018, while Renae Lawrence was released in November the same year after having her sentence commuted. Lawrence was the first member of the group to be released from prison and was immediately deported to Australia.
Scott Rush in a Bali courtroom in 2006.Credit: AP
The Catholic Bishop of Townsville, Tim Harris, supported the Rush family and that of Michael Czugaj after their arrests. Both attended Catholic primary schools in the Queensland parish where Harris was a priest. He visited the pair in prison.
“From day one, I did not condone what Scott and Michael had done and I still don’t … but the Christian way is to never give up on anybody. That’s my view today,” he said. “Given that the Bali Nine have had 20 years in confinement, the news of their release makes sense.”
Michael Czugaj (right) and Matthew Norman arrive at Denpasar District Court, Bali, in December 2005.Credit: AP
“I commend the prime minister of Australia and the president of Indonesia for this development. Scott and the Bali Nine have leant their lesson and I pray that once back in Australia they will be able to receive the direct support of their families in particular.”
Harris said the suffering of the families of those in prison must not be forgotten.
“Humanity is fragile and we need to look after each other even when we have done wrong. I hope I get the chance in the very near future to meet Scott again and embrace his father and mother. I am watching developments very keenly and closely.”
With Rachel Eddie
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