RI caught between Egypt and Australia

RI caught between Egypt and Australia

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

The local legal system does not allow Indonesia to extradite to
Australia an Egyptian charged by the neighboring country with
people-smuggling, says Indonesian justice minister.

Minister of Justice and Human Rights Yusril Ihza Mahendra said
on Thursday the extradition treaty between Indonesia and
Australia did not cover people-smuggling, the charge leveled at
Moataz Attia Mohamed Hassan alias Abu Quassey.

"Quassey is not an Australian national and the charge is not
considered a crime under our Criminal Code," Yusril said before a
Cabinet meeting at the State Palace.

Five Australian legal experts met Yusril on Wednesday to ask
that Quassey be handed over to Australia.

Following Australia's demand for extradition of Quassey, Egypt
requested on Thursday that Quassey be deported. During his
meeting with Yusril earlier on Thursday, the Egyptian Ambassador
to Indonesia Ezzat Saad El Sayed said Quassey could be tried in
his home country for alleged people-smuggling, provided that the
Australian authorities could present sufficient evidence.

The Egyptian Embassy said in its statement issued on Thursday
that Australia had no legal grounds to ask for Quassey to be
tried there.

Yusril said the Egyptian Penal Code could ensnare its citizens
who commit crimes overseas, but does not cover people-smuggling.

He added that the Egyptian justice ministry would send an
expert to Jakarta to brief him on the issue.

The minister, however, underlined that Indonesia has not
officially responded to the requests from either the Australian
or Egyptian authorities for the handover of Quassey.

"Our decision will be in the best interests of the nation. So
far, we have not decided whether to deport him to Australia or
Egypt."

Quassey is wanted in Australia over the voyage in October 2001
during which 353 people, most of them Afghans and Iraqis, drowned
when their overcrowded vessel sank in the Indian Ocean.

The Egyptian is currently in the immigration detention center
after serving a six-month prison term for visa violations. He is
being questioned over additional charges of counterfeiting an
Indonesian identity card for himself, a crime which carries a
maximum sentence of 30 months imprisonment.

Australian police have issued international arrest warrants
for Abu Quassey on 76 offenses relating to attempts to bring
people into Australia unlawfully. If sent to Australia, he could
receive a 20-year prison sentence.