Indonesia, Australia to have crime treaty

Indonesia, Australia to have crime treaty

JAKARTA (JP): A bilateral treaty seeking to empower the
Indonesian and Australian governments to fight transnational
crime was submitted to the House of Representatives (DPR) for
endorsement on Wednesday.

During the bill's first reading before the House plenary
session, Minister of Justice Muladi said the treaty was meant to
complete the two countries' 1994 pact on extradition.

"The treaty is necessary (on legal grounds) to have an
extradited person investigated, indicted and tried.

"What is also very much needed is assistance on information,
data and witnesses for the investigation (of a suspect)," Muladi
said.

The Treaty Between the Republic of Indonesia and Australia on
Mutual Assistance in Criminal Matters was agreed upon and signed
by representatives of both governments on Oct. 27, 1995, in
Jakarta, Muladi said.

The treaty covers 35 types of crime to which both governments
have agreed to provide mutual assistance to fight.

The crimes referred to under the treaty included premeditated
murder and murder; the violation of laws prohibiting bribery;
theft, embezzlement, deceitful procurement of goods, money and
promissory notes, as well as the procurement of stolen goods and
fraud. The treaty also covers violation of laws on bankruptcy,
companies, immigration, the environment and hazardous drugs and
narcotics.

The mutual assistance referred to in the treaty takes the form
of collecting material evidence and legal testimony; providing
documents and other records; tracking identification of suspects;
and the execution of warrants to search and confiscate.

Assistance can also be provided to efforts to search, detain
and confiscate criminal evidence; to obtain agreement from
persons willing to testify over a crime to appear in the
appellant country, or if the persons are jailed to help them to
relocate to the appellant country; to hand over documents; and to
provide other types of assistance that do not violate the laws of
the obliging country.

Assistance excludes extradition; executing criminal court
verdicts handed down in the appellant country, unless to an
extent allowed in the recipient country; and the relocation of
prisoners from one country to another.

It is hoped the treaty will minimize losses inflicted on both
victims and the respective countries by the escape of criminal
suspects, defendants or fugitives, Muladi said. (aan)