Indonesian Government Plans to Repatriate Hambali from Guantanamo

TEMPO.CO, Jakarta - Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra said the Indonesian government is discussing the repatriation of former Jemaah Islamiyah militant figure, Encep Nurjaman alias , from the United States military prison in Guantanamo, Cuba. Hambali is a defendant in the Bali Bombing and JW Marriott Bombing cases.

"After all, Hambali is an Indonesian citizen. No matter how wrong our citizens are abroad, we must still pay attention," said Yusril when met in Jakarta on Friday night, January 17, 2025, as quoted by Antara.

Yusril said that Hambali was strongly suspected of being involved in the 2002 case. Hambali had fled and his whereabouts were unknown until he was captured. Hambali was then detained at Guantanamo at the request of the United States. However, his case has not received legal certainty because it has not been tried by local law enforcement.

According to Yusril, Hambali's case has expired if tried under Indonesian law. Because, the terrorism case involving Hambali occurred around 23 years ago.

"According to Indonesian law, actually, if the crime is threatened with the death penalty or life imprisonment, there is an expiration date. If it is more than 18 years, the case can no longer be prosecuted," he said.

He said that his party would discuss further with President Prabowo Subianto regarding this matter. The Indonesian government will also discuss the discourse on Hambali's repatriation with the United States Government.

"Right now, we still don't know whose authority it is, the United States or Cuba? Because the territory (Guantanamo) is in Cuba, and until today he has been detained for quite a long time in Guantanamo, without being tried," said Yusril.

Furthermore, he said that the discourse on Hambali's repatriation is a form of government attention to Indonesian citizens facing legal cases abroad.

"So that the public knows that we are not only taking care of foreign prisoners in Indonesia, but we are also taking care of Indonesian citizens abroad," he said.

In addition to Hambali who is being held in Guantanamo, Yusril also highlighted Indonesian citizens sentenced to death in other countries, such as Malaysia and Saudi Arabia.

"In Malaysia, there are around 54 Indonesians sentenced to death who have not been executed. In Saudi Arabia, there are several. Hopefully, after we have made peace with each other, we can also negotiate with the Malaysian and Saudi Arabian governments to resolve the cases of our citizens abroad," he said.

In December 2024, Indonesia transferred the Mary Jane drug smuggling convict to the Philippines and five Bali Nine convicts to Australia. Indonesia is also discussing the transfer of a French national sentenced to death for a narcotics case, Serge Areski Atlaoui.

Yusril: France Agrees to Terms for Serge Atlaoui's Transfer

Yusril said that the French government has basically agreed to the terms proposed by the Indonesian government regarding Serge's transfer.

"Almost 90 percent has been agreed and France has explained to us in more detail that if a case like this in France is sentenced to how long, they have explained. If transferred there, what will the French Government do, they are quite clear about that," said Yusril.

According to him, the conditions for Serge's transfer are the same as the conditions for transferring death row convict Mary Jane to the Philippines or the transfer of five prisoners who were members of the Bali Nine case to Australia.

One of the conditions is that the French Government must recognize the Indonesian court's decision. In this case, France must recognize Serge as a prisoner sentenced to death.

The authority to train prisoners will be handed over to the country concerned after being transferred. Indonesia will also respect the policies that will be taken by France, including if it grants clemency to Serge.

"So, if later the French Government will grant clemency to a limited sentence, for example life imprisonment or 20 years imprisonment, that is the decision of the French President that we must respect," he said.

Based on French law, said Yusril, the case that ensnared Serge is sentenced to a maximum of 30 years in prison. Serge may be freed if his government changes the sentence to 20 years in prison because he has served around 20 years in prison in Indonesia.

However, Serge's fate after being transferred is still under discussion. According to Yusril, the Indonesian and French governments are currently discussing several main issues, including a draft agreement on the practical arrangement for Serge's transfer.

The French government, he said, has also agreed that the practical arrangement for Serge's transfer will be signed by the French Minister of Justice and the Indonesian Coordinating Minister for Law, Human Rights, Immigration, and Corrections (Kumham Imipas). The signing will likely be done online due to distance considerations.

"Maybe next February it can be agreed between our government and the French government," said Yusril.

Previously, Yusril when confirmed via short message in Jakarta on Sunday, December 29, 2024, explained that France had sent an official request letter on Thursday, December 19, 2024, regarding Serge's transfer. The letter was sent on behalf of the French Minister of Justice addressed to the Indonesian Minister of Imipas.

Serge Atlaoui is a death row convict in the case of operating an ecstasy factory in Cikande, Tangerang, Banten, in 2005. He has repeatedly applied for clemency to the Indonesian government, but those efforts have failed.

Serge Atlaoui's execution in 2015 was postponed so that the French citizen is still languishing in prison. Yusril explained that Serge was recently temporarily transferred from Nusakambangan to Salemba Penitentiary because he had cancer.

Antara contributed to the writing of this article.

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