Schapelle Corby and 12,000 Indonesians?

VIVAnews is reporting that the Australian Attorney General has made an offer to the Indonesian Attorney General that is essence goes along these lines:

"There are 12,000 Indonesians in Australian prisons with an average sentence of five years, we will trade those 12,000 for Schapelle Corby". At least this is the understanding of Babul Khoir Harahap, the Head of the Information Center at the Office of the Attorney General in Jakarta.

According to Harahap, the Attorney General of Indonesia has agreed. The matter has now been sent to the Minister for Law and Human Rights, Patrialis Akbar, for approval. My guess is that with a clemency appeal pending that this will also cross the desk of the President, SBY.

This offer apparently was provided by Roger Wilkis of the Attorney General's Department in Australia to the Attorney General of Indonesia, Basrief Arief. Australia's Ambassador, Greg Moriarty was also in attendance at this meeting of the minds.

Corby has received 17 months worth of remissions to date and this program of remissions is likely to accelerate as she serves more of her sentence. Nevertheless, the prospect of a "swap agreement" and immediate freedom must be a positive development for Corby in her current fragile mental state.

Then again, this story could be a beat-up or a complete misrepresentation of the discussions held and any offer made. It seems outrageous that the Australian government is going to swap 12,000 Indonesians convicted of crimes in Australia for one Australian convicted of a drug-possession crime in Indonesia. This must surely weaken Australia's bargaining position for other Australian prisoners doing time in Indonesian jails. What is Australia going to offer up for the release of members of the Bali Nine or more importantly to get those Bali Nine members on death row, off of death row?

I am not against the idea, in principle of a swap, but there needs to be a whole lot more information on what the swap entails. The response from the Australian public is not necessarily going to be favourable. There are plenty of Australians who think that Schapelle Corby has done enough time for the crime she was convicted of. However, they might not be so certain that she is worth 12,000 Indonesians in order to secure that early freedom.

This is certainly an interesting development if it pans out to be true.

Schapelle Corby Gets Another 45 Days in Remissions...

The Indonesian way of administering a prison sentence in many respects provides an outcome that ends up seeing a convicted person serving about the same length of time in prison as they would in Australia.

The Australian system usually involves the imposition of a "head sentence" and then a non-parole period. For example, a person convicted of a drug crime might be sentenced to 20 years in prison with a non-parole period of 12 years. After 12 years the convicted person can begin to apply for parole. Assuming that the person has been of good behaviour and are ready to be re-integrated back into the community, they will be paroled.

In the Indonesian context a person is sentenced to a period of imprisonment and then there is a system of remissions that may see a 20-year drug sentence reduced with remissions to a period of 12 years. A remission is generally granted for good behaviour and showing signs of remorse for one's conduct that lead to the prison sentence being imposed. In most cases a convicted person will serve about two-thirds of their original sentence. In some cases a convicted person may even serve less time than that.

Remissions in Indonesia are generally granted for Indonesian Independence Day and for the religious holiday of the relevant prisoner. A prisoner of Islamic faith may get two remissions a year; one on Independence Day and one at Idul Fitri (Eid ul-Fitr). For prisoners of the Christian faith a remission may be granted on Independence Day and on Christmas Day.

Schapelle Corby has just been granted a 45-day remission on her sentence. Corby has received remissions to date that now total 18.5 months.

Corby has a clemency appeal currently being considered by the President, Susilo Bambang Yudhoyono (SBY). The Supreme Court of Indonesia was tasked with making a recommendation to the president. If the Supreme Court recommends quashing the conviction or a reduction in the sentence, then the president then decides as to whether they will endorse the Supreme Court recommendation and grant the clemency appeal or refuse to sign-off on the Supreme Court recommendation. It has been reported that the Supreme Court recommended a significant cut in Corby's sentence. Although, the Supreme Court has not officially confirmed or denied the reports.

What does this mean for Schapelle Corby? Assuming the president rejects the clemency appeal, which is being made on humanitarian grounds relating to Corby's mental illness, then it would still be likely that Corby would serve approximately four more years and then be released. However, if the president was to affirm the Supreme Court recommendation which allegedly includes a sentence reduction then Corby may in fact be released and returned to Australia sooner than that. One might need to be a psychic to predict an exact date, but generally there is an expectation that Corby will not serve two-thirds of her sentence.

Irrespective of her guilt or innocence at this stage, Corby has done more than enough time for the crime she was convicted of. Personally, I would not be outraged if the Indonesian authorities decided that she has done plenty of time, she has suffered in prison, she has been suitably punished for the crime for which she was convicted, and that there is no longer any need to keep her in prison. Yet, many wonder whether Corby's steadfast belief in her innocence and the subsequent belief that she has nothing to show remorse for is providing Indonesian authorities with the necessary reason to ensure she serves the complete sentence in an Indonesian prison.

In the end, a 45-day remission is 45 days that she does not have to serve in Kerobokan.

"Sexual Deviation"...

I figure that if it is good enough for The Jakarta Globe then it is good enough for me.

It seems that The Jakarta Globe has opted for the sensational headline as a means of getting people to read. I figure, I will just use it to see if I can get a bounce in my visitor numbers. That said, The Jakarta Globe has translated "penyimpangan seks" as sexual disorder, whereas I reckon that it is sexual deviation. penyimpangan normally is used to refer to things that are a little out of what is considered to be "normal" or "regular" practice. In this case, it would refer to things like group sex, anal sex, masturbation, and oral sex (see, I am using these words only so people searching for them will get hits from their respective search engines that bring them here).

Onto the substance, not of sexual deviation but the arrest of Ibra Azhari. Ibra is the brother of Ayu, Sarah, and Rahma Azhari all sexpots in their own right. I would reckon if I searched my blog that I would probably have written something on all of them.

Ibra was arrested along with his wife. He was in the process of picking up some pre-ordered methamphetamine from a former cell mate. Yes, Ibra has done a stretch in the slammer previously for drug related crimes. The most recent transaction was taking place in Denpasar, Bali. After his arrest Ibra was transferred back to Jakarta, West Jakarta to be precise.

In a previous brush with law enforcement, Ibra was prosecuted and sentenced to 15 years in prison in 2003 for cocaine, ecstasy and methamphetamine possession. Then in 2005 a planned raid on his cell in Cipinang Prison in East Jakarta netted more methamphetamine and drug paraphernalia. His punishment for this little indiscretion was to be sent to Nusakambangan in Central Java (the last home of the Bali Bombers - Amrozi, Imam Samudra, and Mukhlas - before they were executed by firing squad). Ibra was released in 2009.

It is pretty clear that 2009 minus 2003 is six years. This is a long way short of the fifteen that he was sentenced to. It is also pretty clear that any rehabilitation that he was supposed to receive while in prison did not happen or was a complete failure considering that he is already back in the drugs game.

As an aside...if Ibra did 6 years of a 15-year sentence for drugs then this means that in fairness both Schapelle Corby and Renae Lawrence should do no more than 8 years of their 20-year sentences before they are released and deported back to Australia.

Oh yeah, the title of the post. In his pre-drug crime days, Ibra was a bit of an actor and starred in an Indonesian film titled "Penyimpangan Seks".

Commuting the Sentences of Bali Bombers...

There has been a suggestion by Indonesian prison authorities that two of the Bali Bombers should have their life sentences commuted to 20 years in prison on the basis of their good behaviour since being incarcerated. The pair, Abdul Ghoni and Sawad are unrepentant about their actions and suggest that they believe the three Bali Bombers that have been executed will be forgiven by God, if indeed their actions were wrong. There is no remorse for the killing of 202 people.

These men have not shown that they deserve to have their sentences commuted. The idea that these fellows should ever breathe air as free men again is likely to be objectionable to any one who lost family or friends in the 2002 bombings of the Sari Club and Paddy's.

However, if the Indonesian authorities see fit to commute these sentences from life to 20 years then it only seems reasonable that the authorities also see fit to commute the death sentences of Scott Rush, Myuran Sukumaran, and Andrew Chan to at the very least life in prison. Considering, the drugs these individuals were carrying were destined for Australia and were not likely to be killing any Indonesians then it makes sense that their death penalties be commuted to 20 years or so. The others should all have their respective sentences commuted or amended in similar ways.

If Ghoni or Sawad have their sentences commuted, then there is no justifiable reason that the Indonesian authorities and government could make to keep Schapelle Corby in jail for her full sentence.

It is about time that the legal reform movement also took stock of their successes to date, and mapped out a more encouraging road forward. This road must include work on sentencing and remission reform. This is not a case of "if the system ain't broke", but rather a case of the system being irreparably damaged and needing a complete reconfiguration. A simple botox job to remove the wrinkles is no longer a good enough response.

Five-Month Remission on the Cards for Schapelle Corby...

Prisoners in Indonesian prisons normally receive remissions twice a year, if they are lucky, on Independence Day and the prisoners relevant religious holiday (in this instance Christmas). Indonesian Independence Day is 17 August.

It is expected that Schapelle will be granted a 5-month remission on her sentence. The head of Kerobokan Prison, Siswanto, has said that he has sent his recommendations to the Ministry of Justice and Human Rights stating that Ms. Corby has been well-behaved and has not violated any prison rules. It is usual practice that the Ministry rubber stamps the recommendations of the heads of the prisons making the recommendations.

In other words, it would seem that Ms. Corby will be five months closer to freedom within days. If her clemency appeal is successful, then it is likely that she will be significantly closer to freedom still.

To read the Indonesian take on the proposed Corby remission follow this link.

Prisoner Transfer Agreements -- Australia and Indonesia...

The purpose of a Prisoner Transfer Agreement (PTA) is to allow foreign nationals incarcerated overseas to serve out the remaining portion of their sentence in their home countries. A PTA between Australia and Indonesia is something that has been in the pipeline for a while. If you are an Australian or an Indonesian incarcerated in a foreign prison, then that pipeline has been very long to date, and would seem to be a little longer still before there is any light at the end of this pipeline.

The Minister of Foreign Affairs, Marty Natalegawa, has admitted as much. Natalegawa is a talented young diplomat who in a rapidly rising career leading to his appointment as FM held key ambassadorial posts in the UK and at the UN. He is a very intelligent man who is economical in his choice of words and rarely misspeaks. So, when he speaks it is probably worth paying attention to.

So, when Natalegawa said to the Australian Associated Press (AAP) that the negotiations for a PTA had not stalled, but rather taking time as a consequence of Indonesia being new to the PTA game, then that is where the game is at. The PTA will impact on the lives of those prisoners who have not been sentenced to death in an Indonesian court. Unfortunately, for those Australians on death row there is zero chance of them being repatriated to Australia to serve out the remainder of their respective sentences and executed.

However, a PTA will potentially permit the likes of Schapelle Corby and Renae Lawrence to be returned to Australia to serve out the remainder of their custodial sentences in an Australian prison.

The devil is in the detail of a PTA. And, this is where negotiations have slowed to a trickle in the very long pipeline that Natalegawa has alluded to. For example, Indonesia has taken a very strong public international stance on drugs and drug smuggling. Therefore, there are quarters within the Indonesian community that are reluctant to include drug smugglers on the list of prisoners who can be returned under a PTA. There is a fear that Australia does not deal with drugs as harshly as they do in Indonesia. And, they are right, we do not execute people period. That fear is that Corby and Lawrence would be returned to Australia under a PTA and then released shortly after their return.

The details are likely to include specific conditions on how much time is to be served in Australia prior to a release. The difficulty here is that Indonesia works on a remission system where prisoners sentences are cut each year, sometimes twice a year, on religious / national holidays for good behaviour. In contrast, the Australian system works on a head sentence and a non-parole period. Ultimately, the same amount of time will conceivably be served under both situations but these are the sorts of details that need to be hammered out before an agreement can be reached.

Another critical issue still to be agreed is how much time prisoners will be required to serve before becoming eligible for a PTA return to their home country. There have been suggestions that Australians serving time in Indonesian jails will have to do almost 3/4 of their sentence before becoming eligible. However, this is unlikely, assuming those on the Australian side of the debate are knowledgeable and well-informed on the Indonesian system. A person convicted in Indonesia is likely to only do 3/4 of their original sentence, and in all likelihood less than 3/4, with remissions for good behaviour and the like.

The classic example here is none other than the son of the former president (dictator), Tommy Soeharto. Tommy was convicted of a little graft and then the subsequent premeditated murder for hire of a Supreme Court justice. The man ended up doing about 2/3 of his original sentence.

So, in that regard a PTA might not make a lot make a lot of sense for most Australians incarcerated in Indonesia. It is also unlikely that the 3/4 of the sentence demand will be met.

It would seem that a PTA will become a reality in the future, but how far into the future remains to be seen.

Schapelle Corby -- Remission Confirmed...

As was expected Schapelle Corby has been granted a four-month remission on her 20-year jail sentence for smuggling 4.1kg of the wacky weed into Bali back in 2004. Corby has been battling depression for a number of years and continues to maintain her innocence.

Renae Lawrence of Bali Nine fame was granted a five-month sentence reduction on her 20-year jail sentence for trying to smuggle more than 8kg of heroin out of Bali and into Australia in 2005.

Both, seemingly, still have a long road to haul before they will qualify for release. Hopefully, the remissions will make them feel a little bit better about that.

Schapelle Corby -- Remissions and Mental Health...

The latest in the Schapelle Corby saga has seen her climb a water tower near her cell block in an attempt to escape the prying eyes of her fellow inmates. Corby's mental woes have been well documented, as have her annual trips to the hospital in an effort to get her mental health issues sorted out. However, this latest drama suggests that things are getting worse rather than better.

Her family even suggest as much. Mercedes has said that Schapelle is seeing a psychiatrist and still taking medication. This is not so bad, but then Mercedes goes on to say that every day is difficult and that Schapelle does not look good.

It is hard to know whether to feel sorry for Schapelle. The sympathy or empathy debate really hinges a lot on whether you believe that she is guilty of the crime for which she has been convicted. If you do believe she is guilty, then it is likely you are in a camp which says, "if you do the crime, you do the time", and in any event, "prison is not supposed to be summer camp or a picnic". You might though also be in the camp that thinks she is guilty, but that 20 years for smuggling 4 kilos of wacky weed was too severe a sentence.

I think that I am in the latter camp.

There is some good news on the horizon for Schapelle, and I guess that good news is relative. It appears that prison authorities are recommending that she be granted a 4-month remission as part of the Indonesian Independence Day celebrations. It might seem much but one needs to be thankful for small mercies. Over time, these remissions build up and can end up knocking years of your original sentence.

I tend to feel if Schapelle can keep a low profile over the next couple of years, preferably with little or no publicity, then an Australian government approach to their Indonesian colleagues with respect to an early release for Schapelle might be viewed favourably. It might require an admission of guilt if it is to be in the form of a pardon. This might be preferable to Schapelle spending any more time in jail than is absolutely necessary. In her fragile mental state perhaps now is not the time to be standing on principle but rather working to get her home.

Bali Bombers and Eid Remissions

In Indonesia when a person is sentenced in a criminal matter they are sentenced to a term of imprisonment. Unlike Australia they are not sentenced to a Head Sentence and a Non-Parole period.

Therefore, prisoners in Indonesia are given remissions for good behaviour and offer things. These remission normally happen twice a year. The first is in recognition of Independence Day and the other is generally at the time of the religious holiday of the prisoner. For Muslims, this would be Eid ul-Fitr (Idul Fitri in Indonesia).

Those prisoners that have been sentenced to life in prison or to death do not get to enjoy any remissions. It is uncommon for death sentences to be commuted to life and similarly for life sentences to be reset to a definite period of incarceration once the sentences have been handed down and affirmed on appeal.

The Department of Law and Human Rights has received recommendations for remissions from throughout the archipelago. These recommendations include nine individuals that were convicted and sentenced to prison in relation to the Bali Bombings I (five individuals) and II (four individuals).

The remissions recommended are for between one and two months. It is worth noting that the nine convicts involved received remissions of five months and three months in August as part of the Independence Day remissions.

Corby and Indonesian Independence Day

Indonesian prisoners not on death row get to avail themselves of a generous remissions system that allows for up to six months to be sliced off your sentence twice a year. Unfortunately, last year Corby missed out on the remissions because she was caught in possession of a mobile phone. However, this year she has had no such infringements of the rules and is reportedly in line for a three-month remission.

In the grand scheme of things a three-month remission on a 20-year sentence does not seem much. However, over the years these remissions add up. If one needs any proof just ask Tommy Soeharto who managed to serve just over half of his 15-year sentence for organizing the murder of a Supreme Court judge. It is interesting that Corby gets 20 years for smuggling some weed and Tommy only gets 15 years for the premeditated killing of a man. This is another post topic I guess.

The three-month remission remains a recommendation at this stage. Generally, though one remission recommendations are made it is just a matter of going through the motions to formalize them. There is nothing to suggest that Corby will be denied the recommended remission.

Corby has seemed to be struggling of late on both the emotional and physical fronts. I have written about this in other posts elsewhere in this blog. So, the idea of having three months shaved off your sentence should be good news for her and her family.

I imagine this is what life will be like for Corby for the next few years, rolling from one remission to the next.