House approves extradition pact with Australia
House approves extradition pact with Australia
JAKARTA (JP): People who commit crimes in Indonesia will soon
find Australia is no longer a safe haven.
With the ratification of the extradition treaty between
Indonesia and Australia, the government can now chase criminals
all the way "Down Under" and have them sent back to Indonesia for
prosecution and trial.
The treaty was ratified unanimously by the House of
Representatives (DPR) yesterday. It will be enforceable as soon
as the two governments exchange the instruments of ratification.
A total of 33 types of crimes are covered by the agreement,
including murder, manslaughter, sexual assault, kidnapping,
stealing and robbery, hijacking, piracy, blackmail, embezzlement,
bribery and drug related offenses.
Excluded are political crimes. The requested country can also
refuse to extradite people who face the death penalty if they are
sent back and prosecuted. This means that offenses such as drug
trafficking and subversion, both punishable by death under
Indonesian laws, are excluded.
To the government of Indonesia, the treaty will serve chiefly
in going after people who commit economic and financial crimes,
officials said.
Minister of Justice Oetojo Oesman, during the final hearing to
discuss the bill yesterday, said the extradition treaty with
Australia is the fourth Indonesia has made with foreign
governments. Indonesia has had reciprocal extradition
arrangements with Malaysia since 1974, the Philippines since 1976
and Thailand since 1978.
Technological advances, especially in communication and
transportation, have facilitated the flow of people from one
country to another. These advances also mean that the modus
operandi in crimes are becoming more and more sophisticated.
"The government is always exploring ways to establish
extradition arrangements with other friendly countries," he said,
pointing out that the four treaties it now has are hardly
adequate to prevent criminals from fleeing the country.
He said the fleeing of criminals is not only hurting the sense
of justice for the victims of the crimes, but often also means
substantial financial losses to the state.
The treaty with Australia was signed in April, 1992, by
Minister of Foreign Affairs Ali Alatas and the Australian
ambassador to Indonesia at the time, Philip Flood. The government
presented the bill on the ratification of the treaty to the House
last August and it was given a speedy reading by House members.
Oetojo said the ratification of the treaty will strengthen
bilateral relations between Indonesia and Australia, not only in
the field of law enforcement, but also in other fields where the
two countries share common interests such as in politics,
economics and in social and cultural sectors.
Reciprocal
Under the treaty, the Australian government can refuse to
extradite its own citizens to Indonesia. The arrangement is
reciprocal.
The treaty applies only for offenses which are punishable with
at least one year imprisonment.
Either country may also reject an extradition request if it
has reason to believe that the wanted person is being prosecuted
because of his or her race, religion, citizenship or political
views, or if it has reason to believe that the person would be
subjected to torture or cruel treatment after being extradited.
All four factions in the House gave their ringing endorsement
to the treaty, yesterday, regarding it as another sign of better
relations between the two neighboring countries.
In their comments at the plenary hearing the speakers of the
four factions indulged themselves in self-congratulation for the
speed with which they gave the bill a reading.
In view of the numerous bills now being presented to the
House, a speedy yet comprehensive and efficient system is
necessary, the speakers said.
The four factions in the House are the dominant group Golkar,
the Armed Forces, the United Development Party and the Indonesian
Democratic Party. (imn)