Bali Nine repatriation: Proposed conditions revealed

The remaining members of the ‘Bali Nine’ are set to return to Australia – but with conditions proposed by Indonesia.

The remaining members of the Bali Nine, who have been incarcerated since 2006, could be back in Australia before Christmas.

Indonesia has since handed Australia a road map for bringing the remaining members home which contains conditions.

Here is everything you need to know.

WHO ARE THE BALI NINE?

The Bali Nine is the moniker given to a group of nine Australians from Sydney and Brisbane who were arrested in 2005 for attempting to smuggle heroin out of the Indonesian province.

The group consisted of two ringleaders: Andrew Chan (21), and Myuran Sukumaran (23); as well as seven other members: Si Yi Chen (20), Michael Czugaj (19), Tan Duc Thanh Nguyen (22), Matthew Norman (19), Scott Rush (20), Martin Stephens (28), and Renae Lawrence (27).

All ages are dated to the time of the arrests.

Bali Nine members (top L-R) Myuran Sukumaran, Andrew Chan, Martin Eric Stephens, 2nd row (from L-R) Chen Si Yi, Tach Duc Thanh Nguyen and Matthew Norman, and 3rd row (from L-R) Scott Rush, Michael Czugaj and Renae Lawrence.

WHAT DID THEY DO?

In April 2005, the group attempted to smuggle 8.7kg of heroin, worth roughly $4 million, out of Indonesia and into Australia.

The ringleaders were already known to the Australian Federal Police (AFP), which tipped off Indonesian authorities about the group and their movements before they were due to fly back to Australia on April 17.

Indonesian police arrested the group, some of whom were found with packages of heroin strapped to their bodies.

Martin Stephen during search at Ngurah Rai Airport with heroin found taped to his body.

WHAT HAPPENED AFTER THEY WERE ARRESTED?

In October 2005, two of the Bali Nine members – Scott Rush and Renae Lawrence – filed court action against the AFP. Lawyers for the pair alleged that the AFP was wrong to provide information to Indonesian authorities which led to their arrests.

In mid-October, trials for the Bali Nine commenced in Denpasar. Nguyen, Chen and Norman were tried together, with the remaining six defendants tried separately.

All received a life imprisonment sentence in February 2006, except for Sukumaran and Chan, who received death penalties.

Chen, Norman, Rush and Nguyen all appealed to have their life sentences reduced to 20 years, but when re-sentenced they were imposed with the death penalty too.

In 2008, it was revealed that the death penalty had been retracted, and the four would instead be serving their original life sentences.

Czugaj had his sentence reduced to 20 years, before his life sentence was reinstated.

Lawrence was the only successful appellate, with her life sentence reduced to 20 years.

WHO IS LEFT IN PRISON NOW?

Chan and Sukumaran were executed by firing squad in April 2015.

Nguyen died from stomach cancer in May 2018 in a Jakarta hospital, while serving his life sentence.

Lawrence served 13 years in prison before being released in November 2018 on good behaviour. She has since returned to Australia.

The five remaining prisoners are Chen, Czugaj, Norman, Rush, and Stephens.

WHY IS THE BALI NINE IN THE NEWS AGAIN?

During a meeting at the APEC summit earlier this month, Prime Minister Anthony Albanese pulled Indonesian President Prabowo Subianto aside for a quiet conversation.

According to the Weekend Australian, that conversation resulted in the Indonesian President agreeing to return the remaining detained Bali Nine back to Australia.

Anthony Albanese and Prabowo Subianto meet for the first time since his inauguration as President of Indonesia at APEC sidelines in Peru. Picture: PMO

ARE THEY COMING HOME?

It seems likely the remaining members of the Bali Nine will be returned to Australia to continue serving their prison sentences.

The Indonesian government is willing to return the prisoners, however they are unlikely to grant clemency.

In a recent interview with Sky News, Liberal Senator Michaelia Cash, put forward questions for PM Albanese.

“What is Australia giving up in relation to the deal?” she asked. “How much is it going to cost the Australian taxpayer? Will they continue to serve their prison sentences?”

Speaking to Sky, Trade Minister Don Farrell said that the remaining Bali Nine members “would continue to serve their sentence, except they’re serving them in Australia.”

The Australian government is yet to clearly express the conditions of the return.

Scott Rush gets a kiss goodbye from his mother Christine. Picture: AAP Image/Mick Tsikas

CONDITIONS OF COMING HOME

Indonesia has handed Australia a road map for bringing the remaining members of the Bali Nine home, asking to “monitor” what happens to the prisoners when they return and leaving the door open for possible “reciprocation” in the future.

In a surprise move, the Indonesian government has also indicated despite having never granted amnesty or a pardon in a narcotics case, it would not be a deal breaker if Australia chose to do so after the transfer of prisoners.

Home Affairs Minister Tony Burke was given the draft transfer proposal when he met with Indonesia’s senior minister on legal affairs Yusril Ihza Mahendra in Jakarta late on Tuesday, and said the pair worked through “very different issues” in each of the countries’ legal systems, though some had “not yet been resolved”.

Mr Burke declined to comment on the remaining issues as he had only just received the document, adding he had “full respect for the Indonesian legal system”.

But Mr Yusril confirmed the first condition for a prisoner transfer would be “recognition of the sovereignty of the Indonesian state and then respect for the decisions of the Indonesian courts”.

“Then we will transfer them to the country concerned,” he said.

Mr Yusril said Indonesia would “respect the authority” of Australia to “grant pardon, remission or amnesty to the prisoner concerned”.

“We ask that we continue to have access to monitor what happens to convicts who are transferred to their country and we hope that this principle can be carried out reciprocally,” he said.

“Meaning that if one day the Indonesian government also asks that Indonesian citizen convicts in the country concerned be returned, it will be considered by the country concerned.”

HOW ‘LIFE SENTENCE’ DIFFERS IN INDONESIA?

The Australian and Indonesian legal systems both have entirely different interpretations of what constitutes a “life sentence.”

While the Indonesian Penal Code refers to a life sentence, there is no clear interpretation of what ‘life’ is.

Because of this, life sentences are typically interpreted as being served until the end of one’s life.

However, in Australia, a life sentence ranges from 10 to 25 years and typically comes with a minimum non-parole period, after which there is a possibility of being released.

The question remains about how the remaining Bali Nine members, who were sentenced to life under Indonesian law, will see out the rest of their sentences in Australian prisons.

Originally published as Bali Nine repatriation: Proposed conditions revealed