判例法数据库

偷运移民

罪行

• 制作与偷运移民相关的欺诈性旅行或身份证
• 促成非法居留
• (给偷运者的)钱财或其他物质利益

Mahkamah Agung Putusan Nomor 523K/PID/2008

事实梗概

Mr Lauhenapessy (or 'Captain Bram') and his associate Mr Babu have been accused of smuggling more than 1500 Sri Lankans to Australia via Indonesia between 1999 and 2007. Working together with other smugglers, the duo facilitated the illegal entry of the Sri Lankans and then organised their onward journey to Australia by boat. One of these ventures involved the arrival of 83 smuggled migrants at Christmas Island, Australia on 20 February 2007 on board SIEV 20. Messrs Lauhenapessy and Babu were later convicted by an Indonesian court. Mr Lauhenapessy has also been implicated in the arrival of a migrant smuggling vessel in Canada in 2009.

According to one newspaper report, the Sri Lankan migrants were charged up to USD 10,000 to be smuggled to Australia.

交叉问题

责任

... 为了

• 既遂犯罪

... 作为涉及方

• 主犯
• 组织者/指挥者

犯罪

详情

• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

斯里南卡

印度尼西亚

侦查

所涉机构

• Indonesian National Police (INP)
• Australian Federal Police (AFP)

程序步骤

法律制度:
民法
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    Pengadilan Negeri Jakarta Pusat Putusan Nomor 1787/Pid/B/2007/PN.JKT.PST
  • 裁决日期:
    Mon Dec 10 00:00:00 CET 2007

    法院

    法院名称

    Pengadilan Negeri (District court)

     

    地点

  • 城市/城镇:
    Jakarta
  • 省:
    Jakarta
  • • 刑事的

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    2 岁
     

    罚金

    付款

    25000000 IDR
    诉讼 #2:
  • 阶段:
    上诉
  • 官方案件编号:
    Pengadilan Tinggi Jakarta No 23/Pid/2008/PT.DKI
  • 裁决日期:
    Thu Mar 06 00:00:00 CET 2008

    法院

    法院名称

    Pengadilan Tinggi

     

    地点

  • 城市/城镇:
    Jakarta
  • 省:
    Jakarta
  • • 刑事的

    说明

    Sentence reduced for Abraham Lauhenapessy

     

    结果

  • 陪审团裁决:
    其他
  • 刑事判决

    刑事判决

    监禁期:
    1 岁
     

    Sentence redued to 12 months for Abraham Lauhenapessy.

    罚金

    付款

    25000000 IDR
    诉讼 #3:
  • 阶段:
    上诉
  • 官方案件编号:
    Mahkamah Agung Putusan Nomor 809/Pid.Sus/2008
  • 裁决日期:
    Wed Jun 04 00:00:00 CEST 2008

    法院

    法院名称

    Mahkamah Agung Putusan (Supreme Court)

     

    地点

  • 城市/城镇:
    Jakarta
  • 省:
    Jakarta
  • • 刑事的

    说明

    Sentence increased for Abraham Lauhenapessy.

     

    结果

  • 陪审团裁决:
    其他
  • 刑事判决

    刑事判决

    监禁期:
    2 岁
     

    Sentence increased to 2 years imprisonment for Abraham Lauhenapessy.

    罚金

    付款

    25000000 IDR
    诉讼 #4:
  • 阶段:
    初审
  • 官方案件编号:
    Pengadilan Negeri Cibinong Nomor 381/Pid.B/2007/PN.Cbn.
  • 裁决日期:
    Mon Nov 12 00:00:00 CET 2007

    法院

    法院名称

    Pengadilan Negeri

     

    地点

  • 城市/城镇:
    Cibinong
  • 省:
    Bogor Regency, West Java
  • • 刑事的

    说明

    Chandra Babu was found guilty.

     

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    4 岁 1 月份
     
    诉讼 #5:
  • 阶段:
    上诉
  • 官方案件编号:
    Pengadilan Tinggi Bandung Putusan Nomor 389/Pid/2007/PT.Bdg
  • 裁决日期:
    Tue Jan 08 00:00:00 CET 2008

    法院

    法院名称

    Pengadilan Tinggi

     

    地点

  • 城市/城镇:
    Bandung
  • 省:
    West Java
  • • 刑事的

    说明

    Decision of District Court in Chandra Babu's case was upheld.

     
    诉讼 #6:
  • 阶段:
    上诉
  • 官方案件编号:
    Mahkamah Agung Putusan Nomor 523K/PID/2008
  • 裁决日期:
    Mon Oct 27 00:00:00 CET 2008

    法院

    法院名称

    Mahkamah Agung (Supreme Court)

     

    地点

  • 城市/城镇:
    Jakarta
  • 省:
    Jakarta
  • • 刑事的

    说明

    Chandra Babu appealed his sentence length. Appeal was allowed and sentence was reduced.

     

    刑事判决

    刑事判决

    监禁期:
    2 岁
     

    罚金

    付款

    30000000 IDR

    移民

    移民:
    1500 persons
    国籍:
    null

    被告/ 初审被申请人

    被告:
    Abraham Lauhenapessy
    性别:
    国籍:
    年龄:
    50
    出生:
    1960

    Mr Lauhenapessy is originally from the island of Ambon in Indonesia.

    被告:
    Chandra Babu
    性别:
    国籍:
    年龄:
    41

    According to one newspaper report Mr Mohan, a 'counterpart' of Mr Lauhenapessy, was arrested together with Mr Babu on 7 May 2007. Further information about the role and activities and any criminal proceedings against Mr Mohan, were not available at the time of writing.

    指控/索赔/裁决

    被告:
    Abraham Lauhenapessy
    法规:
    Immigration Act 1992 (IND)Art 54(b) - habouring etc illegal foreigners
    指控详情:

    Mr Lauhenapessy, also referred to as 'Captain Bram' has been implicated in the smuggling of over 1500 Sri Lankans from Sri Lanka via Indonesia to Australia. One of these ventures involved the arrival of SIEV 20, a migrant smuggling vessel that brought 83 smuggled migrants to Australia on 20 February 2007 (AUS-S-0020 on this database). He was also implicated in the smuglging of Sri Lankan nationals on board the 'Ocean Lady', that arrived in British Columbia, Canada in 2009 (CAN-S-OceanLady).

    Mr Louhenapessy ihas been under investigation in connection to migrant smuggling in Southeast Asia for some time. n 2001, Operation Snakehead, an investigation involving Australian and Cambodian agencies, foiled an attempt to send a boatload of 241 Pakistani and Afghan nationals to Australia. Mr Louhenapessy was to be the captain of this the boat.
    An attempt to arrest him during a police operation in Sihanoukville, Cambodia in July 2001 failed, and Mr Lauhenapessy was returned to Indonesia after 'intense lobbying by the Indonesian embassy in Phnom Penh'.

    His arrest in June 2007 was made possible by a joint investigation between the AFP and the Indonesian National Police. Following this arrest, Australian Government sources ruled out any extradition to Australia as 'there was no indication that [Mr Louhenapessy] has committed any offence under Australian law.' He was later charged with offences relating to 'hiding, protecting, harbouring or providing livelihood to people known to have entered Indonesia illegally' under Indonesia's Migration Act (see further 'Procedural History'). Shortly after his release from custody in June 2009, Mr Lauhenapessy became involved in migrant smuggling activities again. According to newspaper reports, he began to organise an operation to take asylum seekers from Malaysia to Australia. By October 2009, he had organised a 'creaking, 30-metre wooden cargo boat' which left Malaysia on October 1 for Australia carrying 254 Sri Lankan nationals and one person from Myanmar. After stopping at the Indonesian island of Batam, the vessel, named Jaya Lestari 5, which carried only 18 life jackets and little food and water, had to be turned around 'into the path of an Indonesian Navy vessel' as the plan to meet a smaller boat onto which the passengers were to be transferred did not materialise. Indonesian authorities, who had monitored his activities since June, intercepted the vessel on October 11 2009 and found Mr Louhenapessy on board. According to some sources, the interception of the Jaya Lestari 5 was triggered by a request of then Prime Minister Kevin Rudd to the Indonesian President Susilo Bambang Yudhoyono. He was then arrested and, along with the vessel, taken to Merak in western Java, where the passengers refused to leave the vessel for several months. Mr Louhenapessy was later released and returned to his home in Jakarta after being charged with minor offences under Indonesian maritime laws. Indonesia had no migrant smuggling offences at that time. On 24 March 2010, he was found guilty of 'hiring crew who lacked proper documents', fined 25 million rupiah and placed on probation for 18 months. In April 2010, unconfirmed reports emerged that Mr Louhenapessy was again organising boats to carry asylum seekers to Australia.

    被告:
    Chandra Babu
    法规:
    Immigration Act 1992 (IND)Art 49(a), (b) - Counterfeiting visas and immigration permits
    指控详情:

    Mr Babu was the associate of Mr Lauhenapessy and is suspected of coordinating the illegal entry of hundreds of Sri Lankans into Indonesia. He has also been implicated in the arrival of SIVE 20, a migrant smuggling vessel that brought 83 smuggled migrants to Australia on 20 February 2007 (AUS-S-0020 on this database).

    Mr Babu was arrested by the INP in Indonesia on 7 May 2007.

    法院

    Mahkamah Agung

    来源/引文

    Pengadilan Negeri Jakarta Pusat Putusan Nomor 1787/Pid/B/2007/PN.JKT.PST;

    Pengadilan Tinggi Jakarta No 23/Pid/2008/PT.DKI;

    Mahkamah Agung Putusan Nomor 523K/PID/2008;

    Pengadilan Tinggi Bandung Putusan Nomor 389/Pid/2007/PT.Bdg;

    Pengadilan Negeri Cibinong Nomor 381/Pid.B/2007/PN.Cbn.

    Mahkamah Agung Putusan Nomor 809/Pid.Sus/2008

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.