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Corby’s clemency slammed

Senior government officials have confirmed that President Susilo Bambang Yudhoyono has granted clemency to convicted Australian drug smuggler Schapelle Corby that might see her released from prison later this year, raising concerns that the move weakened Indonesia’s position in relation to Australia

Bagus BT Saragih (The Jakarta Post)
Jakarta
Wed, May 23, 2012 Published on May. 23, 2012 Published on 2012-05-23T07:18:26+07:00

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Corby’s clemency slammed

S

enior government officials have confirmed that President Susilo Bambang Yudhoyono has granted clemency to convicted Australian drug smuggler Schapelle Corby that might see her released from prison later this year, raising concerns that the move weakened Indonesia’s position in relation to Australia.

The clemency letter was signed by Yudhoyono on May 15 and has been sent to Kerobokan Prison in Bali, where Corby has been serving her sentence, according to State Secretary Sudi Silalahi.

The clemency, which cuts five years off Corby’s 20-year prison term, was made on recommendation from the Supreme Court and other relevant ministries, Sudi said.

Both Sudi and Law and Human Rights Minister Amir Syamsuddin said the clemency was given without a guarantee from the Australian government that it would also release several underage Indonesians detained by the Australian government. “But we believe this will give a signal to the Australian government [to release Indonesian convicts],” Amir said.

Sudi, meanwhile, said “we have many considerations but I think many Indonesians have also received remissions of their sentences in Australia”, without elaborating.

Corby was arrested in 2004 for attempting to smuggle 4.1 kilograms of marijuana from Australia into Bali in a body-board bag. On May 27, 2005 the Denpasar District Court sentenced her to 20 years in prison.

Later that year, the Bali High Court approved her appeal and reduced the sentence to 15 years, but a year later the Supreme Court overturned this and upheld the 20-year jail term. Judges at the Supreme Court based their decision on the grounds that marijuana was considered a dangerous drug.

Amir, however, said that one of the reasons behind the clemency was that marijuana was not considered as dangerous as heroin. “In some countries possessing marijuana is no longer considered a criminal act,” said Amir, a former lawyer.

Contacted separately, Sihabuddin, the Law and Human Rights Ministry’s director general of correctional facilities, as well as Kerobokan Prison warden I Gusti Ngurah Wiratna, acknowledged that Corby might not have to serve her full 15-year jail term as she had been granted frequent remissions.

Neither official, however, provided details on the remissions.

Independent media reports said that Corby had been granted remissions totaling 25 months on 10 special occasions, including Christmas and Independence Day, since 2006.

Corby’s lawyer, Iskandar Nawing, said that he would file for a parole release later this year. Convicts may be released on parole if they have served at least two-thirds of their total sentence.

Since being arrested in 2004, Corby has served seven years and seven months on remand and in prison. Taken together with the series of remissions and the latest clemency, she may be eligible for parole by August this year.

Foreign Minister Marty Natalegawa declined to comment on the clemency for Corby and its impact on bilateral relations between Indonesian and Australia. “It is a completely legal matter,” he said.

However, the University of Indonesia’s international law expert Hikmahanto Juwana said that Yudhoyono should have taken into consideration the treatment by the Australian government of Indonesian fishermen caught in that country’s waters.

“Clemency is not just about legal jurisdiction, it’s political. By granting leniency to Corby, the government should ask for something political in return from Australia. The government should show the public that they are strong and not bowing to pressure from the Australian government,” he said.

According to Hikmahanto, Corby’s 20-year jail sentence showed the state’s firm stance against narcotics smuggling by imprisoning drug runners. “Don’t let external pressure affect our stance,” he said. (fzm)

Peni Widarti contributed reporting from Denpasar, Bali

 


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