Bali five return to Australia, and don’t have to serve more prison time

The remaining five members of the Bali Nine – Matthew Norman, Scott Rush, Martin Stephens, Si Yi Chen, and Michael Czugaj – arrived back in Australia from Indonesia on Sunday.

Despite earlier suggestions, and Indonesia’s preference, the men will not serve any further prison time here, because there is no legal framework to allow that. Australia does not have a prisoner transfer agreement with Indonesia. The Australian government has given no quid pro quo in the negotiations for the return of the five.

Some weeks ago Special Minister of State Don Farrell said: “The proposal isn’t, as I understand it, to release these people. They would continue to serve their sentence, except they’re serving them in Australia”.

But in the end the Indonesian government was willing to accept the men’s undertaking they would continue their rehabilitation back in their home country.

The freeing of the five follows sustained representations from the Australian government including Prime Minister Anthony Albanese most recently to Indonesia’s new president Prabowo Subianto on the sidelines of APEC.

The men were sentenced to life imprisonment for their role in a heroin smuggling plot in 2005. Two of the “Bali nine” were executed, one died, and the only woman was freed some years ago.

In a statement Albanese, Foreign Minister Penny Wong and Immigration Minister Tony Burke expressed “deep appreciation” to the Indonesian government for facilitating the men’s repatriation “on humanitarian grounds”.

“This reflects the strong bilateral relationship and mutual respect between Indonesia and Australia,” they said.

The government said the men would “have the opportunity to continue their personal rehabilitation and reintegration in Australia”.

They arrived on a commercial flight and have been taken to accommodation where they will have access to medical and other services to help them begin their new lives.

Albanese said he had “conveyed my personal appreciation” to the president.

“Australia respects Indonesia’s sovereignty and legal processes and we appreciate Indonesia’s compassionate consideration of this matter.

"The five men committed serious offences.

"Australia shares Indonesia’s concern about the serious problem illicit drugs represents. The government will continue to cooperate with Indonesia to counter narcotics trafficking and transnational crime,” Albanese said.

He said these Australians had served more than 19 years and “it was time for them to come home”.