Alleged people-smuggler on trial for visa abuse

Alleged people-smuggler on trial for visa abuse

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Due to lack of legislation on people-smuggling, an Egyptian
smuggler was indicted on Wednesday for staying illegally in the
country instead of smuggling hundreds of Middle Eastern people in
a boat that sank and killed over 374 of the 418 on board last
year.

Chief prosecutor Tarsono charged defendant Mootaz Attia
Mohamad Hasan, alias Jhon, for violation of Article 53 of Law No.
9/1992 on immigration, which carries a maximum penalty of six
years imprisonment and a Rp 30 million fine.

The two-page indictment only stated that Mootaz, 29, had been
arrested by Dwi Hartono, an officer from the National Police
Headquarters, because he did not have the correct documentation
to live in the country.

It was also stated that Mootaz was arrested due to allegations
that the defendant had arranged and smuggled "a number of
foreigners" to Australia.

Witness M. Darmawan testified that Mootaz had taken "more than
one hundred" Middle Eastern people to stay in Amarta Agung motel
in Bandar Lampung, where he worked as a receptionist.

"He booked all 14 of the rooms in the motel for more than 100
Middle Eastern people. He said he took them from Bakahuni port,"
he told the South Jakarta District Court.

Mootaz confirmed Darmawan's testimony.

"I did arrange their travel to Australia, but I was only a
guide," he said in perfect Bahasa Indonesia.

Another witness, Edward R. Silitonga of the Immigration
Directorate, testified that Mootaz had been deported from the
country twice. First, the directorate deported him in 1997 due
to an overstay. The second occasion was in 2000 as his name
appeared in the immigration blacklist because he used a tourist
visa for engaging in business.

"He's still on the blacklist at present. It's impossible he
entered the country through official immigration channels," he
told the court, which was presided over by Judge Rohendi.

Mootaz, however, claimed that he entered the country from
Malaysia using a tourist visa, valid for two months, via Medan.

"But I did overstay," he admitted.

Outside the court, Edward told reporters that the state could
not charge Mootaz, arrested for allegedly smuggling people to
Australia, with people-smuggling because the country had no
legislation to cover it.

The trial will resume next week.

Media reports earlier identified Mootaz as Abu Quassey. He
was allegedly responsible for the death of over 374 of the 418
Middle Eastern people on board after an old boat, which was
heading to Australia from Lampung, sank in waters near to
Christmas Island, due to its lack of seaworthiness and being
overfilled.

The incident, which was believed to involve police officers,
increased tension between Australia and Indonesia.

Following the incident, Canberra asked Jakarta to eradicate
people-smuggling syndicates believed to be operating throughout
the archipelago.

Boatpeople heading for Australia and the U.S. favor Indonesia
as a transit point, taking advantage of its vast, porous
coastline.