The fate of Bali’s nine remaining members now rests with the Australian government after Indonesia submitted a draft proposal outlining the conditions for their transfer home.
Yusril Ihza Mahendra met Australian Home Affairs Minister Tony Burke in Jakarta on Tuesday and handed him a draft proposal for the return of the five prisoners, who were arrested in 2005 trying to smuggle more than 8 kilos of heroin out of the tourist island of Indonesia.
They include Scott Rush, Matthew Norman, Si-Yi Chen, Martin Stephens and Michael Czugaj.
Ringleaders Andrew Chan and Myuran Sukumaran were executed in 2015, sparking a diplomatic incident with Australia, while Renae Lawrence was freed in 2018 and Tan Duc Than Nguyen died of cancer the same year.
Mahendra said the terms of the draft include a ban on the five returning to Indonesia, regulations on the legal basis for the transfer and a requirement that Australia respect the Indonesian court’s decision.
“The ball is no longer in our government’s court, but in the Australian government’s court,” he explained.
However, he highlighted that Indonesia has a strict policy of never granting pardons to drug offenders.
‘Not only to foreigners, we have never given it to our citizens, how can we give clemency to foreigners?
Indonesia’s Senior Minister of Law and Human Rights, Yusril Ihza Mahendra, and Australian Home Affairs Minister, Tony Burke.
Si Yi Chen, Matthew Norman, Martin Stephens, Michael Czugaj and Scott Rush. A deal could soon be reached to bring the Bali Nine members home as details of the transfer are worked out.
‘We never released them. Don’t misunderstand. We are transferred in a prisoner condition back to the country in question.
‘So even if the Bali Nine case is later transferred to Australia, we will not be the ones to release them, but we will transfer them to Australia as prisoners.
‘They will later serve their sentences in Australia according to our court decision. “This must be recognized and respected by the Australian Government.”
If the Australian government subsequently decides to grant a pardon, remission or amnesty, that decision will be entirely within its authority, Mahendra said.
The fact that Indonesia put forward a proposal during the meeting was “an important step forward and shows significant goodwill,” Mr Burke said on Tuesday.
Impediments within both legal systems were discussed.
“I have full respect for the Indonesian legal system and I approach conversations with a lot of respect and a lot of humility,” he said.
“There are… some issues that have not yet been resolved and that work will continue among our officials.”
Jakarta is reportedly seeking the repatriation of Indonesian prisoners held in Australia as part of any deal.