Tony Burke on Jakarta mission to finesse Bali Nine’s home transfer bid

Home Affairs Minister Tony Burke will fly to Jakarta next week for discussions on the transfer of the remaining five Bali Nine ­prisoners.

Bali Nine members Scott Rush, Matthew Norman, Si-Yi Chen, Martin Stephens, and Michael Czugaj. Picture: Supplied

Home Affairs Minister Tony Burke will fly to Jakarta next week for discussions on the transfer of the remaining five Bali Nine ­prisoners, Indonesia’s most senior law minister confirmed on Thursday, saying President Prabowo ­Subianto “wants it to be done as soon as possible”.

Co-ordinating Minister for Legal Affairs, Corrections, Immigration and Human Rights Yusril Izha Mahendra said the transfer would likely occur by presidential discretion, given that a specific implementing law had yet to be passed, and both countries were working to finalise the details so the five convicted drug traffickers could be transferred to Australian jails by the end of this year.

In return, Indonesia would expect similar consideration when applying for prisoner transfers from Australian including, potentially, the return of Indonesian fishermen arrested and jailed in Australia for fishing in Ashmore reef. Indonesia was seeking information from Australia on how many Indonesians were being held in Australian jails.

“Next week, the Australian Home Affairs Minister will visit and we will have talks then,” Mr Mahendra said, adding that specific terms would need to be met for the five men’s return, including a formal request, acknowledgment of Indonesia’s court rulings and respect for Indonesian sovereignty.

“The President has returned (from overseas) and has been briefed by the Law Minister.

“He has agreed to implement this as soon as possible. Hopefully, by the end of December it’s all done.

“The Indonesian government is very serious about this.

“Mr Prabowo really wants it to be as soon as possible.”

He said the transfers should not be viewed as a pardon from the ­Indonesian government.

Australian media had wrongly “framed this as a huge victory for Australia” when the decision was being driven by Indonesia’s desire for good diplomatic relations and to operate under humanitarian principles, he said.

A spokesman for Mr Burke said the trip was “ already arranged for talks on people smuggling, cyber security and counter-terrorism. “

“Of course other topics of mutual interest may be discussed,” Mr Burke’s spokesman said.

All prisoners transferred to their home countries would be required to complete jail sentences there unless granted remission for time served, or a pardon, under their own legal systems. “We are not releasing them. we are transferring them to Australia so they can serve their remaining sentences there,” Mr Mahendra said, adding Indonesia retained the right to monitor those prisoners.

“If the Prime Minister or the Australian Governor-General wants to give them amnesty, we will respect that, but if the Aus­tralian government doesn’t want to do that, it’s up to them.”

The nine young Australians known as the Bali Nine were ­arrested in Bali in April 2005 for attempting to smuggle 8.3kg of heroin out of Indonesia.

Alleged ringleaders Andrew Chan and Myuran Sukumaran were sentenced to death and ­executed in 2015, while the other seven were given sentences ­ranging from 20 years to life ­imprisonment.

Tan Duc Thanh Nguyen died of stomach cancer in 2018, and Renae Lawrence, the only female of the group, was released in Nov­ember 2018 after serving 13 years and deported to Australia.

The five remaining Bali Nine convicts – Matthew Norman, Martin Stephens, Si Yi Chen, Scott Rush and Michael Czugaj – are now scattered throughout Indonesia’s overcrowded prison system, three of them in Bali jails and two in Javanese prisons.

Mr Mahendra revealed exclusively to The Australian last Friday that Anthony Albanese had asked Mr Prabowo on the sidelines of this month’s APEC summit in Peru to approve the transfer of all five men to Australia and that he expected that to happen in ­December.

He also revealed that he had received a similar request in writing from Mr Burke on November 7.

The senior minister told The Australian on Thursday that discussions with the Australian government on the issue were lagging behind those with The Philippines over the transfer of Filipina woman Mary Jane Veloso, who was convicted and sentenced to death in Indonesia since 2010 after becoming an unwitting drug courier.

“Hopefully, when the Australian Home Affairs Minister is here, the process can be faster,” Mr Mahendra said.

Matthew Norman’s Indo­nesian wife, Anita, told reporters outside Bali’s Kerobokan prison, where her husband has served ­19 years in jail that he had proven over many years through good prison behaviour and deeds that he had rehabilitated.

“If God has mercy on us, I believe our President will have mercy as well, especially for Matthew as he’s been doing amazing things inside,” she said.

“Matthew was just 18 years old at that time (of his arrest) and he’s been here for 20 years.”