[Extracted from Senate Hansard, 10 May 2006 and 20 March 2007]

QUESTIONS ON NOTICE

SIEV X

(Question No. 1586)

Senator Milne asked the Minister for Justice and Customs, upon notice, on 15 February 2006:

(1) What is the name of the SIEV X survivor who, at his own request, was interviewed via telephone by the Australian Embassy in Jakarta on the night of 22 October 2001 (the details of which were used to provide information in the Department of Foreign Affairs and Trade cable sent to Canberra on 23 October 2001).

(2) Where is this person residing now.

(3) Can the statement he provided to the Australian Federal Police be released; if so, can a copy be provided.

(4) (a) Was the telephone call recorded; and (b) was a transcript made; if so, can copies of all the records of this interview, including notes, transcripts and/or voice recordings be provided.

Senator Ellison - The answer to the honourable senator’s question is as follows:

(1) The name of the SIEV X survivor who spoke to an AFP Officer from the Australian Embassy in Jakarta on 22 October 2001 is known to the AFP. However, due to the nature of the evidence that this person can provide in relation to the ongoing investigation into the involvement of additional offenders relating to the SIEV X, it would be inappropriate to release the name at this stage.

(2) Please refer to answer (1).

(3) Please refer to answer (1).

(4) (a) This call was not recorded. Notes were taken by the AFP member who took the call and it was these notes that were subsequently used to contribute to the preparation of the cable of 23 October 2001.

(b) No transcript was made of this conversation as the call was not recorded.


SIEV X

(Question No. 1587)

Senator Milne asked the Minister for Justice and Customs, upon notice, on 15 February 2006:

With reference to the passenger manifest of the SIEV X:

(1) Given that the Government has released two lists of passengers associated with the SIEV X - the first, lists those who disembarked five kilometres after departure, the second, those who survived the sinking and further breaks down the names of those who came to Australia - and has also made reference to a third list, which names passengers who embarked on the SIEV X, will the Government release the third list.

(2) Has the Government made the third list available to the Government of Iraq, either directly or through any of its authorities such as the police or embassy, at any time; if so, when.

(3) Has the Australian Government made the third list available to the post-Saddam regimes in Iraq; if so, when.

(4) Has the Australian Government made the third list available to any other country, either through embassies or directly (for example, police to police contact).

Senator Ellison - The answer to the honourable senator’s question is as follows:

The AFP has provided details of passengers as known to the AFP to other countries through Police to Police contact in order to pursue the prosecution of Quassay and Daoed, and to locate and communicate with additional witnesses. These countries include New Zealand, Finland, Denmark, Sweden, Indonesia, Egypt and Norway. The AFP has not circulated any lists of passengers.


Illegal Entry Vessels

(Question No. 1588)

Senator Milne asked the Minister for Justice and Customs, upon notice, on 15 February 2006:

(1) What action was taken by the Australian Federal Police (AFP) in relation to the rescue at sea on 27 March 2001, before the instigation of Operation Relex, of the suspected illegal entry vessel codenamed ‘Gelantipy’.

(2) What records are held by the AFP in relation to this vessel.

Senator Ellison - The answer to the honourable senator’s question is as follows:

(1) AFP Officers at Christmas Island were notified at 7:20am on 27 March 2001 by a group of Indonesian fishermen that had arrived at Christmas Island, that an unnamed Indonesian styled wooden boat with 22 people on board was in difficulty and believed to be drifting approximately 15 to 20 nautical miles north of Christmas Island.

The AFP Officer in Charge of Christmas Island Police immediately initiated and co-ordinated an air and sea search. This search was conducted using an AFP vessel and a chartered commercial aircraft.About 3:30pm that same day the chartered aircraft located the Indonesian vessel and directed the AFP vessel to it. The AFP subsequently located the vessel now known as SIEV Gelantipy. This SIEV was drifting without power and the passengers were in distress and out of water. The AFP provided water to the passengers and arranged for the Christmas Island Port Authority Barge to attend that location. The passengers from the SIEV Gelantipy were transferred to the Port Authority Barge and conveyed to Christmas Island where they received medical treatment and were subject to Customs, Immigration and Quarantine procedures.

(2) The AFP holds witness statements and other records in relation to the rescue and subsequent processing of the passengers on this vessel.


Australia-Indonesia Extradition Treaty

(Question No. 1589)

Senator Milne asked the Minister for Justice and Customs, upon notice, on 15 February 2006:

(1) Could the Government have extradited Abu Quassey from Indonesia to face charges over SIEV X under the Australia-Indonesia extradition treaty; if not, why not; if so, why did the Government not press for his extradition. (2) Could the Government have extradited anyone else from Indonesia to face charges over SIEV X under the Australia-Indonesia extradition treaty; if not, why not; if so, why did the Government not press for their extradition. (3) Could the Government have extradited Abu Quassey from Indonesia to face charges over SIEV X independently of the Australia-Indonesia extradition treaty; if not, why not; if so, why did the Government not press for his extradition.

(4) Could the Government have extradited anyone else from Indonesia to face charges over SIEV X independently of the Australia-Indonesia extradition treaty; if not, why not; if so, why did the Government not press for their extradition.

(5) Could the Government have extradited Abu Quassey from Egypt to face charges over SIEV X despite the fact that Australia has no extradition treaty with Egypt; if not, why not; if so, why did the Government not press for his extradition.

(6) Has anyone been prosecuted in Indonesia in relation to the sinking of SIEV X; if so, can details of the outcome of any such prosecutions be provided.

(7) Has anyone been prosecuted in any other country in relation to the sinking of SIEV X; if so, can details of the outcomes of any such prosecutions be provided.

Senator Ellison — The answer to the honourable senator's question is as follows:

(1) As I said in answer to Question on Notice 1229 on 11 August 2003, on 6 February 2003, at my direction and under cover of a letter from me, Australian officials presented to Indonesian authorities a request for the provisional arrest of Abu Quassey. The Prime Minister also raised the extradition of Abu Quassey in a meeting with the Indonesian President on 15 February 2003. I wrote to the Indonesian Minister for Justice and Human Rights again about this issue on 17 February 2003 and the Attorney-General raised it with the Indonesian Minister during the Australia – Indonesia Ministerial Forum on 11 March 2003. Also, on 11 March 2003 the Indonesian Minister for Justice and Human Rights sent me a letter formally indicating that Indonesia would not extradite Abu Quassey to Australia.

(2) Australia sought the extradition of all persons for whom there was sufficient evidence to support prosecution in Australia.

(3) No. Indonesian law requires that, where a treaty exists, the Treaty governs extradition.

(4) Refer to answer 3.

(5) Australia is able to make a request to any country. In the absence of a treaty, it is a matter for the domestic law in the foreign country to determine whether the country can agree to Australia ’ s extradition request. Following the deportation of Abu Quassey from Indonesia to Egypt on 24 April 2003, the Australian Government sent a request to Egypt for his extradition to Australia. Abu Quassey is an Egyptian citizen. Egypt does not extradite its nationals. Egypt commenced a prosecution of Abu Quassey for offences related to the SIEV X tragedy. On 27 December 2003, Quassey was convicted in Egypt for these offences. Quassey appealed this decision of the Egyptian court and, on 24 November 2004, he was sentenced to five years and three months imprisonment. While Australia would have preferred Quassey to face justice in an Australian court, Australia offered Egypt as much assistance as possible to assist with the prosecution of Quassey.

Australia welcomed the prosecution and subsequent conviction of Quassey in Egypt for offences related to the SIEV X tragedy.

(6) I am advised that there are no confirmed cases in support of any prosecutions in Indonesia related to the SIEV X tragedy.

(7) I am aware of two prosecutions in other countries related to the sinking of SIEV X. Abu Quassey was convicted in Egypt of offences related to the SIEV X tragedy. On 24 November 2004, he was sentenced on appeal to five years and three months imprisonment. Khaleed Shnafy Daoed was extradited from Sweden to Australia on 7 November 2003 for offences related to SIEV X. He was convicted of these offences, and, on 14 July 2005, he was sentenced to nine years imprisonment.


SIEV X

(Question No. 1590)

Senator Milne asked the Minister for Justice and Customs, upon notice, on 15 February 2006:

(1) Has the Government issued a warrant for the arrest of Miythem Kamil Radhia for his alleged role in assisting the organising of the SIEV X voyage; if not, why not; if so, can the details be provided.

(2) Has the Government issued warrants for the arrest of any persons other than Khaled Daoed and Abu Quassey who were allegedly involved in organising the SIEV X voyage; if not: (a) are any further investigations underway; and (b) if no further investigations are underway, does that mean that Australian authorities have concluded that no one else was involved.

(3) Have Australian authorities contacted BASARNAS (Indonesian Search and Rescue Agency) to see what information it may hold in relation to the SIEV X sinking.

(4) Have Australian authorities contacted the Indonesian Navy to see what information it may hold in relation to the SIEV X sinking.

(5) Have Australian authorities contacted the Indonesian Air Force to see what information it may hold in relation to the SIEV X sinking.

(6) Have Australian authorities contacted the Indonesian National Police Force to see what information it may hold in relation to the SIEV X sinking.

(7) Have Australian authorities contacted any other Indonesian authority to see what information may be held in relation to the SIEV X sinking.

(8) Will the Minister release information received from Indonesian authorities in relation to the sinking of the SIEV X.

(9) What information does the Government have about the transfer of four bodies, said to be victims of the SIEV X, to a storage facility in Indonesia.

(10) In relation to statements made in 2003 by the Australian Federal Police (AFP) that it would approach the Indonesian National Police (INP) seeking permission to release the INP/AFP Memorandum of Understanding, dated 5 August 1997, and Protocol, dated 15 September 2001, can details of the result of that approach be provided.

Senator Ellison - The answer to the honourable senator’s question is as follows:

(1) The AFP investigation relating to SIEV X is ongoing. A number of witnesses have provided evidence of the involvement of additional suspects in the SIEV X matter. Extensive consultation is ongoing with the Commonwealth Director of Public Prosecutions in relation to the sufficiency of evidence to support a prosecution against any remaining suspects.

As this matter is ongoing it would be inappropriate to comment on details of the investigation, including the existence of arrest warrants for additional suspects.

(2) Please see answer (1).

(3) Throughout the investigation the AFP has been in contact with representatives of the Indonesian National Police (INP).

Matters relating to other Indonesian Authorities have largely been directed through the INP. A number of these enquiries have been unsuccessful.

(4) Please see answer (3).

(5) Please see answer (3).

(6) Please see answer (3).

(7) Please see answer (3).

(8) Please see answer (1).

(9) A search of the AFP holdings on the basis of information provided in the question was unable to locate any information about the transfer of four bodies, said to be victims of the SIEV X, to a storage facility in Indonesia. The only information available relating to four bodies was the information provided by telephone by the survivor who spoke to AFP Officers at the Australian Embassy in Jakarta on the evening of 22 October 2001, and subsequently communicated in the Cable sent by AFP Officers attached to the Australian Embassy in Jakarta on 23 October 2001. This information related to four deceased passengers being picked up on a second Indonesian Fishing Boat on 20 October 2001.

(10) As this document is an operational document it would be inappropriate to release it.

X-URL:http://www.aph.gov.au/hansard/senate/dailys/ds100506.pdf

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