More Schapelle Corby News...

On the Schapelle Corby front, it might be fair to say that, when it rains it pours! Although, what follows is not really news, rather it is a desperate lawyer looking to remain relevant and seemingly concerned that she might be being overshadowed by her Indonesian equivalent, Iskandar Nawing.

Kerry Smith-Douglas, who acts on behalf of the Corby family in Australia and who also appears to be the spokesperson, has gone on the record to describe how the Australian Prime Minister needs to intervene and bring Schapelle Corby home.

Now according to Smith-Douglas the clemency appeal appears destined to fail as the chances of success are slim. The basis of her claims are that Susilo Bambang Yudhoyono, or SBY, has had the Supreme Court recommendations on the clemency appeal since July 2010 and has not yet acted on them. In fact, there is ongoing speculation as to what the recommendations actually were. However, the most likely among the theories being bandied about is that the recommendations include a significant cut in the Corby sentence, perhaps 10 years.

Aside from the Prime Minister, Smith-Douglas has also written to the Foreign Minister, Kevin Rudd. She has also written to the Leader of the Opposition, Tony Abbott, and the Shadow Foreign Minister, Julie Bishop. What is interesting is what Smith-Douglas is expecting these Australian politicians to do. Is she expecting that they are going to jump up and down and start wagging their collective fingers at SBY and any other Indonesian politician who might listen, saying "hand out girl over or suffer the consequences of our wrath".

Perhaps Smith-Douglas is expecting that Australia will seek to intervene in Indonesia's sovereign affairs. Maybe she could recommend that the PM and FM, whilst wagging their fingers, threaten to send in the Special Air Service (SAS) and break her out of Kerobokan. After all she is asking the PM to be firm with the Indonesian President and to put diplomatic protocols aside. I would love to be a fly on the wall watching Julia go toe-to-toe with SBY.

Ultimately, the Smith-Douglas letter plays the old "Schapelle's mental state is so fragile that she is hanging by a thread" followed with "her life is in your hands". The truth and the reality is that Schapelle has been hanging by a thread for so long now that people might start to wonder why it has not broken. There is no doubting that Ms. Corby is not the same person who went into prison, prison does that to you. It also seems that it is a fair call to say that she has suffered mentally as a consequence of being in the big house, but prison does that to you too.

Yet, the truth, and the reality, is that Schapelle Corby has been diagnosed by her Indonesian doctors with severe depression and is being treated.

Now, exactly what is it that Ms. Smith-Douglas wants the government to do for Schapelle above and beyond what they do for any Australian incarcerated overseas?

The mind boggles.

Schapelle Corby To Be Released?

I have not written on Ms. Corby's case or the "suffering" she is 'enduring' in Kerobokan prison on the holiday paradise island of Bali in my second home of Indonesia. There is no reason for this other than there not being anything newsworthy or of note to write about until now.

The latest news is a push seemingly by Corby's Indonesian lawyer, Iskandar Nawing, presumably on the insistence of the Corby family. The reality is that the Indonesian president, Susilo Bambang Yudhoyono or SBY to his mates, has had the clemency appeal since July 2010 and has yet to act on it. I suppose I could speculate as to why that is, but I won't for now. I will wait and see what comments, if any, get made to this post.

There has been no official statement from the Indonesian Supreme Court, at least as far as I recall (note to self: go back and check through files), that says exactly what the Supreme Court recommendation was. But, most pundits believe that the recommendation was for a sentence cut of 10 years on the original 20-year sentence. Under Indonesian law a prisoner becomes eligible for parole after having served 2/3 of their sentence. Corby has been in jail for about 6.5 years and as such she would be getting close to making an application for release.

Parole, like anywhere else, can be complicated by a number of issues. As such the application for release would be assessed against a whole range of criteria including not only the prisoners behaviour during their incarceration, but also what is in the best interest of the prisoner and their state of health.

It would seem that Nawing's push is a clear attempt to get some resolution on the clemency appeal by trying to force SBY's hand. However, it is interesting that no one is talking about why SBY has not signed off on the recommendation.

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.

Have Three Prime Ministers Really Failed Schapelle Corby?

It really is hard not to have a chuckle when stories like this wend their way into the media. Admittedly, Lawyers Weekly is not the most mainstream of media, but it is a publication that shares the concerns and voices of lawyers. So, in that sense, Kerry Smith-Douglas is a lawyer, she does represent the Corby Family in Australia (as far as I can tell), and there are interesting legal issues to be discussed and debated in this case.

Unfortunately, the significant issues that need to be debated here are not whether John Howard, Kevin Rudd, and now Julia Gillard have failed Schapelle Corby. The reality that the talking head that is Kerry Smith-Douglas fails to comprehend is that there are protocols and methods to the madness that constitute international relations that do not include successive Australian Prime Ministers jumping up and down on the spot and shaking their fingers at the democratically elected president of the Republic of Indonesia saying "give us back our girl or else!"

There is nothing funny about Schapelle Corby's case nor the predicament that she finds herself in. Kerobokan Prison is not a great prison to be doing a 20-year stretch in for smuggling drugs into the sovereign state of Indonesia. However, Kerobokan is not the worst prison in Indonesia nor is it the worst prison in Asia. Nevertheless, there are many people who think she has done enough time and it is time that she came home to Australia. Yet, it would be irresponsible to suggest that all Australians are in support of Schapelle Corby's repatriation to Australia, because they are not. There are still significant numbers of people, at least anecdotally, who argue "if you do the crime, you do the time".

This post is not about the technicalities of her conviction. If you want to read those posts then search this blog using the term "Schapelle Corby". Justice in this case was served in Indonesia. The cold hard reality that some refuse to accept is that the alleged crime occurred in Indonesia, Corby was arrested in Indonesia, she was prosecuted in Indonesia and she has been jailed in Indonesia since her conviction. The case was appealed pursuant to Indonesian law and these appeals ultimately failed. The case has be subject to judicial review and this failed to alter the result. The final step in this process is an appeal for clemency, this is pending a decision by the president, Susilo Bambang Yudhoyono (SBY).

It is a little bit weird to now start blaming this outcome on successive Australian Prime Ministers, isn't it? This case went belly-up, it was cactus, it was poisoned way before any of the past three Australian Prime Ministers could have conceivably launched a successful intervention. What remains now is some pretty solid bilateral lobbying and diplomacy. I am sure there will be those out there who want to jump in and argue that being silent has not served their cause well. Maybe this is so, but to be honest, I have not heard silence in this case since the outset. This has been a media circus from day one.

Final point, I am not going to argue that the best solution for Corby is to wait for a prisoner transfer agreement. However, that remains an option. The best bet is some form of humanitarian clemency from the Indonesian president that sees Corby's sentence slashed to time served. The most likely outcome is that she will be released having done at least 10 years of her sentence. Therefore, the clemency appeal will be successful in gaining a reduction in her sentence to about 15 years. Then with continued remissions for good behaviour, Corby will see freedom as early as 2014.

The problem here is not three successive Australian Prime Ministers failing Schapelle Corby, the problem has always been one of bad advice in the critical first few days after arrest.

I hope she is released immediately and returns to Australia as a free woman.

Ho hum...

Schapelle Corby Still Doing Time...

It has been a long time since I posted something on the plight of Ms. Corby. It is not that I do not care, but rather there is a process and a course that matters like hers take. I really did not see the point in writing a post as there are more than enough people enlisted into the cause of keeping her name front and centre in newspapers and magazines around Australia.

Yet, a recent comment to an earlier Corby-related post that suggested that I was "toxic" for commenting on her case has inspired me to write a post. So, Anonymous, whoever you are, thank you! Hopefully, this post ruffles a few feathers and sees me called all manner of things. I must say to Anonymous...toxic is a little lame.

It would be hard to find an Australian who was not at least aware of the name Corby. Whether they care about that name is a different issue. Recent surveys would suggest that people reckon she has been punished enough. Then there are a sizable chunk of the population who really do not care one way or the other. Such is life!

The case is in the clemency appeal phase. This means that all ordinary avenues of legal recourse have been exhausted. What is left is an appeal to the president. The president has the authority to grant the clemency appeal or deny it. The president is on the record, consistently, stating that he will not view clemency appeals from drug convicts favourably.

The Corby clemency appeal is premised on humanitarian grounds. To all you lay people out there; she's crazy. In fact, there is little dispute that Corby has suffered mentally while incarcerated. In fact, there is little dispute that she is suffering from depression. If you are to believe the eminent shrink Dr. Jonathon Philips then she is suffering psychotic depression and it is only a matter of time before she successfully pulls the plug on her existence in Kerobokan. In contrast, if you belief the somewhat less recognised doctors treating her on a daily basis, then Corby suffers from treatable depression and she will live. The fact that she is alive is testament to the fact that her mental illness is treatable.

The Indonesian Supreme Court has recommended a significant sentence reduction to the president. It has been suggested that this reduction might even be as large as time served. This would mean if the president was to agree then Corby would be out of Kerobokan before the ink dried on the paperwork. It must be noted that the clemency appeal is not for a pardon. Corby will remain a convicted drug smuggler. The reality, despite those arguing to the contrary, is that the Indonesian way on pardons is that the convicted person needs to admit guilt and show some remorse.

Corby has steadfastly maintained her innocence, and the clemency appeal is sensible in avoiding any request for a pardon. It is important that people understand this critical difference if they are to get their collective heads around what might happen next.

Generally, a Supreme Court recommendation would be confirmed as a matter of course. But, this is no ordinary case. The importance of this case is that the presidential team responsible for assessing the clemency appeal have demanded a report from the Head of Kerobokan. This report was less than flattering. It suggested to all intents and purposes that Corby was not a model prisoner, her family was bothersome, and she was purposefully exaggerating the seriousness of her illness.

This sort of balances out the favourable views of the Supreme Court. Nevertheless, the plot thickens because the Indonesian Ministry of Foreign Affairs, and the Minister, Marty Natalegawa, have allegedly weighed in with a suggestion that a favourable clemency appeal decision would be beneficial to the overall Indonesian-Australian bilateral relationship. A more accurate description would be the Ministry drafted a report that would argue that an early release would be viewed favourably in Australia by ordinary Australians. The report would have been pragmatic to the n-th degree.

The likely outcome is that Corby will have her sentence reduced. It will be reduced to a point where she would have already served 2/3 of her sentence. In the Indonesian justice system, where a person has served 2/3 of their sentence they become eligible for parole / release. In the event that Corby's sentence is reduced to the 2/3 limit she might be released on the grounds that she be placed in an Indonesian psychiatric facility for a period of six months and then released / deported back to Australia.

Then again, the president, SBY, could just say "bugger that for a joke! The girl tried to smuggle 4.2kgs of wacky weed into Indonesia. Nah, she can do her time!"

The safe ground for the president is somewhere in between these two positions.

I hope she is released. I hope she gets back to Australia real soon. And, I hope that she takes the time to step out of the public eye and take the time she needs to recover from her ordeal as best she can. Life will never be the same for Corby. She cannot get the years in Kerobokan back. The smart choice would be not to cultivate the celebrity. Maybe she should look to David Hicks as an example. Get on with your life, and then at some point in the future put pen to paper and share your thoughts with those that want to know.

I wonder how many people I have annoyed with this post?

Image from here.

"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.

Schapelle Corby and Public Support in Australia...

This is but a short comment, perhaps some opinion infused, on what the latest survey figures say about support in Australia for Schapelle Corby.

Schapelle Corby is an Australian and a convicted drug smuggler. She is doing 20 years in Kerobokan Prison in Bali, Indonesia, for the crime she have been convicted of.

Her appeals have been up and down over the years. The final appeal reaffirming her 20-year sentence.

The intervening six years have been hard on her, and her family and supporters, but mostly they have been hard on her. Nevertheless, prison anywhere is no easy gig, it is not summer camp. The time will affect you. Schapelle Corby, if Dr. Philips (an eminent psychologist) is right, then hope for a full recovery from the psychotic depression that Schapelle Corby suffers from is unlikely. It is likely that she will get better once out of jail and consistently medicated, presumably in Australia.

Yet, it must also be noted that Dr. Philips stated unequivocally that she would be dead in months if she was not immediately repatriated to Australia for treatment. Time has shown this not to be the case. Schapelle is alive, being treated / medicated and surviving.

The mental illness that she suffers from presently is the basis for a clemency appeal on humanitarian grounds. The Supreme Court has considered this and sent it to the President for final determination. There is some conjecture about what might happen next. It appears from sources that a significant reduction in the 20-year sentence has been suggested (all off the record discussions). This reduction is not likely to be an immediate release, but would see Schapelle Corby released before seeing out half of the original sentence.

Now, onto the survey. Australian news organisations are reporting the results of a recent survey that 1 in 3 Australians think that Corby should be released from Kerobokan. It is worth pointing out that this equates to a mere 33% of Australians. By my reckoning, there is hardly widespread support for a release. This should embolden the Indonesian authorities to reduce the sentence but to not immediately release her. Quite simply, reducing the sentence but not releasing her is unlikely to create any sustained backlash or negative press for the Indonesians.

Even more startling is that the survey notes that only 1 in 10 Australians think she is innocent. This means that for those that want to see her released it is a simple case of "Schapelle has done more than enough time for the crime". In other words, guilty or innocent is no longer relevant, what matters is that she is released. She has been too harshly punished in proportion to the crime she has been convicted of.

The survey is a Nielson poll and interviewed 1400 people.

Schapelle Corby's Sentence to be Reduced?

It has been a while since a Schapelle Corby (photo courtesy of AAP) related post. So, now would seem an appropriate time to make one, particularly considering that there is a very solid likelihood that a large sentence reduction is on the cards. How large remains to be seen, but the Jakarta rumour mill is working overtime, and all indications are that it will be significant.

To be truthful, no one is commenting publicly on this that would be quotable in a verifiable sense. And, stranger things have happened with sentence cuts and other remissions that seemed destined to happen. So, fingers crossed for Ms. Corby and her family that this is something that comes to fruition.

Schapelle Corby lodged a clemency appeal to get herself released on humanitarian grounds. There were fairly solid grounds for the appeal. It is clear that the prison years since 2004 have taken their toll mentally and physically. She is definitely never going to be the same, but one never knows, she might get some semblance of normalcy back to her life on release. The Indonesians have acknowledged her depression and have treated it. The family and other supporters have claimed for a long period of time that Schapelle's mental illness is significantly more serious than 'mere' depression and that she needs to be repatriated to Australia and treated here.

It would seem that the Indonesian Supreme Court has been swayed by the petition and has supposedly recommended to the president, Susilo Bambang Yudhoyono, that a significant sentence reduction be granted. The ultimate decision on clemency petitions rests with the president. However, it is uncommon for the president to go against the recommendation of the Supreme Court in a case like this. Nevertheless, it would seem unlikely that it would be reduced to time served with an immediate release to follow. However, it is worth noting that this is not outside the realm of possibility.

The Indonesians have clearly made their point on the seriousness of drugs and drug smuggling, and an immediate release would be seen as a good will gesture by most. There will still be those that argue she should never have been in Kerobokan in the first place, but that is probably a hypothetical argument for later because what has been done cannot be undone.

And, for these people the continued bashing of Indonesia as a backward barbarian third world nation lacking compassion will go on unabated. It might be worth considering what the priorities are here; seeing Schapelle free or bashing Indonesia, and determining how best to go forward with any media campaign associated with Schapelle Corby's release from prison.

Another possibility is that the original 20-year sentence will be cut in half. And, with expected remissions to be granted in August and December for Indonesian Independence Day and Christmas respectively, it is possible that Corby will be free towards the end of this year or very early next year.

Good luck to her. It would seem that her desire to have a child as a free woman is coming that much closer to becoming a reality.

Drugs in Indonesia...

When will foreigners (and some Indonesians) learn? Drug related offenses are considered to be serious criminal offenses that attract harsh penalties. You are not in your country of origin and the standards you might expect may not be available to you. The slap on the wrist you might feel you are entitled to is not likely to be forthcoming just because you are a foreigner.

Three foreign students, and two of their Indonesian friends, were arrested in Bali for marijuana and hashish possession. They are now facing the prospect of four years in the slammer. If played right, they are likely to do 5 - 7 months as drug addicts, and this is likely to be time served as their individual cases are more than likely to play out over 5 months or so.

The urine tests were positive for drugs. Assuming these positive tests related to THC then the appointed lawyers might decide the best course of action is to plead addiction.

Not everything is a stitch-up designed to shake-down the innocent for cash!

The happy snappy is supposedly of law enforcement burning the marijuana and the heroin that sent Schapelle Corby and the Bali Nine to long-term jail sentences and death sentences (for some).

Pauline Hanson and Schapelle Corby...

Pauline Hanson must be having a moment where she feels she needs to get back into the spotlight seeing her last foray was something to do with not selling her house to a Muslim, and Woman's Day has decided that they would oblige. The only other newsworthy piece of gossip about Ms Hanson is that she has pledged her support to Tony Abbott over Julia Gillard. Now there is an endorsement that Mr Abbott must be looking forward to exploiting in the coming election campaign.

Of the myriad of issues that Ms. Hanson could have chosen to vent on, she has decided that it is time that prisoner transfer agreements (PTA) received her passing attention. Her particular target in this case seems to be none other than one of Australia's most well-known incarcerated citizens, Ms. Schapelle Corby.

The Hanson view is a simple one. If you are convicted of committing a crime overseas then you should do the time for that crime overseas. The logic being, why should Australian taxpayers foot the bill for your foreign crime sprees? Judging by the comments left in the Daily Telegraph there are quite a few people that agree with her.

Perhaps more interesting is that the Hanson view has been aired in none other than the Woman's Day. It was not all that long ago that this publication was publishing nothing but pro-Corby related articles. I wonder what happened on that front. Perhaps they are just airing an alternate view that is designed to drive more support to  Ms. Corby and her push for freedom. Then again...

After the recent rush on Corby related news in the press there has not been much printed in the immediate past. There has been no news of her state of mind, the state of her clemency bid, or her desire to have a child (in jail if she must). Maybe the old adage is true...no news is good news!

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.

Renae "The Protector" Lawrence...

It was with some interest that I read an article by Tom Allard in today's (24/01) Sydney Morning Herald. It was with interest because there are two pieces of relevant information provided in the article.

In Allard's opinion from what he has witnessed during a brief visit is that Schapelle has deteriorated both physically and mentally. Nevertheless, the prospects for an imminent or early release have faded. And, that Renae Lawrence has taken on the role of 'protector'.

The second important piece of 'news' was that Renae Lawrence is pretty angry about the book written by Kathryn Bonella titled "Hotel Kerobokan" which Corby supporters are promoting as the god-given truth of what conditions are like inside. To the contrary, Lawrence claims the book is nothing more than a pack of lies. Of specific concern seems to be the claims that Lawrence frequently indulges in lesbian orgies in her queen-sized bed.

I wonder if Kathryn Bonella is going to come out and defend herself against the claims reported by Lawrence? Simply, if Bonella is not telling the truth about Lawrence as Lawrence claims, then this brings into question the content of the whole book.

The prison authorities have consistently denied that the conditions are as bad as Bonella makes out. In fact, the prison authorities recently held a media open day to highlight the very fact that conditions are not as bad as they are claimed to be. They have also denied that Schapelle is in a desperate place and situation that requires her immediate removal to a mental health facility or her immediate repatriation to Australia.

It will be interesting to see if there is any response to this Tom Allard article from either side of the debate.

Special Privileges in Indonesian Prisons...

Sometimes it pays to keep things quiet, particularly if you are enjoying the benefits of paying a little extra for better prison living conditions and other special privileges that are not being enjoyed by the masses.

Artalyta Suryani and a couple of other inmates of the Pondok Bambu Women's Prison in East Jakarta were discovered to be enjoying special privileges and living conditions which they were supposedly self-funding. However, that game came to a rather abrupt end when the Minister of Law and Human Rights, Patrialis Akbar, determined through his Department to transfer Suryani, and two others, Aling and Darmawati, to the women's prison at Tangerang where they will share a 2.5m x 3m cell with another woman.

The days of flat screen televisions, karaoke machines, refrigerators, spa treatments, and the like are over, at least for the foreseeable future for these women.

The moral of this story might simply be that sometimes it is better not to talk about the advantages one enjoys during their incarceration for the fear of losing those privileges permanently and much more quickly than they took to acquire in the first place.

The Corby family and her supporters are quick to note that they have partaken of the "system" in order to facilitate better conditions for Schapelle during her incarceration in Kerobokan prison in Bali. The photos and videos of Schapelle's living quarters show a spartan but relatively clean existence. Nevertheless, maybe it might not be in Schapelle's best interests to wage a very public media campaign regarding the ability to purchase better conditions and favours.

Perhaps Suryani and her fellow formerly 'lucky' prisoners wish that they had kept a lid on the luxuries that they were enjoying.

Just a thought.

Indonesian Prison Cells for the Rich and Famous...

Well, it seems that money is not only an asset on the outside, but it is also an asset on the inside as well. In this case, being on the inside refers to how much luxury one can afford to pimp out their cell with.

The above picture is of a cell occupied by Artalyta Suryani. Now, Suryani is enjoying her five years behind bars for bribing public prosecutors with regular spa treatments, plasma televisions, a karaoke room, a private bedroom, and a room to receive guests (the photo). Of course, all these special privileges are denied from ever being present or occurring. Nevertheless, perception is a powerful tool. Most Indonesians believe that the rich and famous can buy their way to special treatment in prisons,and this little expose by a government appointed fact finding team (a team tasked with rooting out and eradicating the judicial mafia) seems to confirm it.

On the luxury jail front. There were always rumours that Tommy Soeharto led a comfortable existence on Nusakambangan when he was incarcerated there. There were not only rumours about luxury living conditions, but also special "passes" for some cruising to Singapore for weekends away and the like. It is worth pointing out that I have not read anything that confirms those Tommy related rumours. However, the luxury living conditions seem to be standard fare for the well-to-do prisoners.

It would seem that perhaps Schapelle Corby is not living in the laps of luxury at Kerobokan that some other well-heeled prisoners enjoy in other jails throughout the archipelago.

Oh well.

Schapelle Corby's Prison Cell...

Here is a picture that allegedly shows Schapelle Corby's cell at Kerobokan Prison. This is the cell that Schapelle Corby shares with six others. This picture, and the accompanying video, has been made available as part of a media open day.

This picture certainly does not seem to fit the hell hole image of life inside Kerobokan as portrayed in the recent book, Hotel Kerobokan, by Kathryn Bonella (an interesting discussion of the book and its merits can be found here). Then again, maybe this is not the cell that Schapelle inhabits. I have never been there, Kerobokan that is.

The video can be found on the Herald Sun website (here).

On this particular post I am going to restrict my views to the comments section. Simply, if anyone comments, then I will respond with what I think. Otherwise, you are free to draw your own conclusions to the picture and the video.

How Bad is Kerobokan Prison?

I want to see the word laogai in every dictionary in every language in the world. I want to see the laogai ended. Before 1974, the word 'gulag' did not appear in any dictionary. Today, this single word conveys the meaning of Soviet political violence and its labour camp system. 'Laogai' also deserves a place in our dictionaries.

-- Harry Wu
the laogai are Chinese labour camps.

Kerobokan prison has been the subject of a recent book by Kathryn Bonella titled 'Hotel K'. The prison has been described and characterized as a veritable hellhole that people battle to survive in. However, as Bonella notes in her book, the guards are corrupt and life's little luxuries are always available for the right price.

Kerobokan houses Schapelle Corby and the Bali Nine.

Yet, what inspired this post, aside from the above quote, was that I read recently that Kerobokan makes Guantanamo Bay look like a five star resort. Now, I have not been to Cuba so I cannot say with authority however it strikes me as unlikely that favours and better conditions are for sale there.

The reality of Kerobokan is that prisoners with resources can purchase a cell 'upgrade' and enjoy some of the finer things of prison life such as delivered food and freedom to roam.

Prison is not supposed to be summer camp. You are supposed to be punished for crimes that you have committed. I am sure that Kerobokan is not a nice place, and I am sure that I am glad I am not inside. However, to compare it to places like Guantanamo Bay or to suggest it is the worst prison in Asia or the world undermines the credibility of those making such comments. It also serves to shine light on the ways in which prisoners of means can play the system and garner more favourable conditions during they forced stay.

Is Kerobokan the worst prison in Indonesia? No. Is Kerobokan the worst prison in Asia? No. Is Kerobkan the worst prison in the world? No. Is it a fun place to be? No!

I wonder if Schapelle has benefited from the 'corruption' of Kerobokan and upgraded her cell or enjoyed any other benefits that money can buy?

Schapelle Corby -- Depressed and Desperate?

It has been a while since I last wrote a Schapelle Corby related post. There has been no reason for this, other than not being bothered. I am planning on writing a couple (I might do them all in a row now that I am onto it). This particular post was inspired by some email I received asking me what I thought about her deteriorating mental state and whether she should be repatriated to Australia for treatment. It was also inspired by the above recent New Idea cover.

The picture, as they say, tells a thousand words. So, I won't bore you with a thousand more analyzing, but rather, I will just bore you with a few observations.

1. Why is it that New Idea has an exclusive deal with new tidbits of Schapelle Corby related information? Is there a media deal in place? Is Schapelle profiting from this exclusive deal?

2. How does this exclusive deal advance the campaign to bring Schapelle Corby home?

3. A recent report from Dr. Jonathon Phillips stated that Schapelle Corby was severely depressed, harming herself (allegedly cutting herself with a piece of glass), had regressed into a child like state, and who is not likely to survive prison. However, this picture (above) does not paint that scenario, of a desperate and depressed woman, does it?

4. In contrast, her regular doctor, Dr. Thong, has argued that Schapelle Corby is depressed and anxious. But, with medication that is taken as it is prescribed to be, Schapelle Corby can function normally and within the parameters of what is expected of a person in her situation.

5. I have argued pretty consistently that Schapelle Corby has been found guilty and exhausted her appeals, and no amount of rearguing and rehashing the evidence is likely to change this fact. The focus must now be on how to speed up the process of repatriation. I firmly believe that five years is more than enough time for the crime that she has been convicted of. However, a cover such as this one and an open letter to Australians has not seemed to endear her to the wider Australian populace. In fact, popular support seems to be running along the lines of, if you do the crime you must do the time. This is sad, sad for Schapelle Corby.

6. If part of the strategy is to generate support for the idea that Schapelle Corby has done enough time for the crime she has been convicted of, then it is time to broaden the base of appeal. It should not matter whether you think she is innocent or guilty in order to join the movement for repatriation. As long as you think she has done enough time and deserves to be repatriated, then that is enough. Unfortunately, this is not the case. It seems that in order to be a supporter you have to be a true believer in that Schapelle Corby is an innocent victim; a political porn in some geo-political game, where you must toe the single party line.

Perhaps this is why I have not written more frequently. I support the idea that Schapelle Corby has done enough time, but I cannot bring myself to ascribe to the party line. I wonder how many more people like me are out there; people wanting to help, but also turned off by the constant derision from true believers if you are not prepared to declare your support for innocence.

Sad really, very sad.