(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.

(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.