Schapelle Corby granted clemency by Indonesian President

Parliament house flag post

Schapelle Corby granted clemency by Indonesian President

Posted 23/05/2012 by Monica Biddington

In April 2012, Indonesia’s Justice and Human Rights Ministry recommended Schapelle Corby’s jail sentence be reduced by ten years, on humanitarian grounds. Corby, now 34, is said to be suffering from mental illness. President Susilo Bambang Yudhoyono signed a letter on 15 May granting Corby clemency, cutting five years off her 20 year prison term. This is particularly significant as previously the Indonesian President has stated that he would not use his power of clemency in favour of drug offenders. This may have consequences for other Australians seeking clemency from the President, Andrew Chan and Myuran Sukumaran of the “Bali 9”.

Two senior government officials in Indonesia have confirmed Foreign Minister Bob Carr’s statement that Schapelle Corby’s clemency was not part of a deal with Indonesia on releasing people smugglers. Senator Carr said that while the Indonesian Government raised the issue of the people smugglers at a high-level meeting in March 2012, the Australian Government’s decision to release Indonesian prisoners, who claimed they were minors at the time of their interception, was made independently of Corby’s case.
However, the University of Indonesia’s international law expert Hikmahanto Juwana said that President Susilo Bambang Yudhoyono should have taken into consideration the treatment by the Australian government of Indonesian fisherman caught in that country’s waters. Juwana said ‘clemency is not just about legal jurisdiction, it’s political. By granting clemency 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’.
Corby’s lawyer has said that an application for parole would be filed later this year. Since her arrest in 2004, Corby has served seven years and seven months on remand and in prison. On special Indonesian holidays, namely Independence Day and Christmas Day, Corby has been granted reductions to her sentence by Indonesian authorities totalling 25 months. This amounts to her being eligible for parole by August 2012. Parole may be granted if the prisoner has served, at minimum, two-thirds of their total sentence.
According to an Indonesian source close to the Corby family, ‘you must have some connection, some family in Indonesia or you don’t get parole’. This is an unprecedented case and if Corby was paroled, she may be required to stay in Bali for the duration of her parole period. Further, she may be admitted to a mental health facility as her mental health was a factor in the President’s consideration of clemency. Australia and Indonesia have not signed a transfer of prisoner treaty, the details of her release and any associated conditions are unclear.
The Australian Government has consistently supported Ms Corby’s application for clemency on humanitarian grounds.
Once released from prison, Schapelle Corby may still be limited in her ability to profit from her notoriety. Appearance on television shows and in magazines might be welcomed by the Australian public, but she will be prohibited from profiting financially under Australian proceeds of crime legislation. In 2009, Corby’s profits from her book My Story were seized under the laws, amounting to almost $130000.

Thank you for your comment. If it does not require moderation, it will appear shortly.
Facebook LinkedIn Twitter Add | Email Print


Flagpost is a blog on current issues of interest to members of the Australian Parliament

Parliamentary Library Logo showing Information Analysis & Advice




immigration refugees elections taxation asylum Parliament criminal law election results Australian Bureau of Statistics social security disability citizenship Indigenous Australians political parties United Kingdom UK Parliament Census statistics banking early childhood education Middle East Australian foreign policy OECD Australian Electoral Commission voting mental health Employment military history by-election election timetable China; Economic policy; Southeast Asia; Africa housing Speaker; House of Representatives; Parliament Productivity Defence income management asylum seekers High Court; Indigenous; Indigenous Australians; Native Title Senate ACT Indigenous education Norfolk Island External Territories leadership aid Papua New Guinea emissions reduction fund; climate change child care funding Electoral reform politics refugees immigration asylum Canada procurement Australian Public Service firearms Indigenous health constitution High Court e-voting internet voting nsw state elections 44th Parliament women 2015 International Women's Day public policy ABS Population Age Pension Death penalty capital punishment execution Bali nine Bali bombings Trade skilled migration Private health insurance Medicare Financial sector EU national security fuel China soft power education violence against women domestic violence Fiji India Disability Support Pension disability employment welfare reform Tasmania Antarctica China Diplomacy Australian Sports Anti-Doping Agency World Anti-Doping Agency Sport ASADA Federal Court WADA ADRV by-elections state and territories terrorism terrorist groups Bills corruption anti-corruption integrity fraud bribery transparency corporate ownership whistleblower G20 economic reform science innovation research and development transport standards Afghanistan Australian Defence Force NATO United States social media Members of Parliament Scottish referendum Middle East; national security; terrorism higher education Higher Education Loan Program HECS welfare policy pensions social services welfare ASIO Law Enforcement Australian Federal Police Australian Secret Intelligence Service intelligence community Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 sexual abuse online grooming sexual assault of minors labour force workers

Show all
Show less
Back to top