RI considers extraditing Abu Quassey to Australia

RI considers extraditing Abu Quassey to Australia

Tiarma Siboro and Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

Indonesian ministers have expressed mixed opinions on the
possibility of extraditing to Australia an Egyptian people-
smuggling suspect whose boat sank in the Java Sea last month
carrying an estimated 400 asylum seekers.

Minister of Justice and Human Rights Yusril Ihza Mahendra said
on Thursday that Indonesia would not extradite Abu Quassey, who
is believed to have organized the boat's voyage to Australia.
Quassey, currently being questioned by police, was arrested in
Bandung on Sunday.

"There is no international law stipulating that a citizen of a
country who has committed a crime in a second country can then be
extradited to a third country," Yusril said.

Canberra has asked Indonesia to clamp down on people-smuggling
syndicates believed to be operating throughout the archipelago,
following a spate of mishaps in its waters involving overloaded
ships.

Coordinating Minister for Political and Security Affairs
Susilo Bambang Yudhoyono and Minister of Foreign Affairs Hasan
Wirayuda said that Indonesia would consider Quassey's
extradition.

"We are waiting for a formal request from the Australian
government," Susilo said, as quoted by AP.

The Australian Embassy in Jakarta said no request had been
made at this stage.

Hasan said that the government would determine whether a
possible extradition of Quassey to Australia was included in an
extradition agreement between the two countries.

Yusril said Indonesia's reluctance to extradite him was
retaliation for Australia's refusal to extradite Hendra Rahardja,
a suspect in the mismanagement of Rp 3.6 trillion (US$360
million) in Bank Indonesia Liquidity Support (BLBI) funds.

"We have been seeking his extradition for two years but the
response has always been that the case is being processed by the
Australian Supreme Court," he said at his office.

Yusril said the extradition of Hendra was important to
Indonesia's campaign against corruption.

"If Australia cannot extradite Hendra Rahardja to Indonesia,
how can we extradite our citizens, as well as Abu Quassey?"
Yusril asked.

Quassey's boat is believed to have carried some 400 asylum
seekers, 350 of whom perished at sea, with the intention of
illegally entering Australia.

Quassey is being questioned for violating Law No. 9/1992 on
immigration, which carries a maximum penalty of six years
imprisonment and a Rp 30 million fine.

Yusril said that police have arrested a number of other people
in Bali, Lampung and East Nusa Tenggara, who are suspected of
involvement in people-smuggling.

Along with the Attorney General's Office, police are gathering
evidence and preparing an indictment prior to taking the case to
court.

"Our criminal court does not specifically cover people-
smuggling, but judges can extend the interpretation of the penal
code to cover this case because we recognize the principle that
judges have the authority to extend implementation of the law.

"So, don't worry about it. We know that the Australian public
is worried about whether we have a law that specifically
stipulates people-smuggling, but we can categorize it as a
general criminal offense," Yusril said.

In a related development, authorities arrested another suspect
in the West Kalimantan town of Singkawang on Thursday, AFP
reported.

Ahmad Muhammad Yusuf, 25, an Afghani, was caught trying to
assist two Iraqi men abscond from a refugee shelter in the town,
head of the immigration office's criminal division, Muhammad
Indra, said.

"He admitted to us that he was paid by a relative of one of
the two men. He also admitted having plans to smuggle the two men
into Australia," Indra told a media briefing in Singkawang.

One of the refugees had been apprehended while the other was
still at large, he added.

Thousands of people, mostly from the Middle East, use
Indonesia as a stepping stone to reach Australia, entrusting
their lives to people-smugglers who often use dilapidated and
overloaded boats.

Indonesian Navy chief of staff Admiral Indroko Sastrowiryono
said last week that every refugee boat encountered in Indonesian
waters should be allowed to continue on to its destination.