suspected asylum organiser may escape charges

From: AAP February 21, 2011 2:06PM THE suspected organiser of an asylum seeker boat that sank off Christmas Island in December may be deported to a third country, allowing him to escape charges in relation to the tragedy.
Indonesian officials have also told AAP that Haydar Khani, who is believed to have organised the passage of the boat known as SIEV 221, which broke apart on rocks in heavy seas as it neared the island on December 15, killing up to 50 people, may be from Iraq.


Khani, arrested in Jakarta last month on visa violations, is yet to be charged by Indonesian authorities and remains in immigration detention.

He was initially identified as an Australian citizen of Iranian descent.

But the Indonesian Immigration Department's deputy spokesman, Bambang Catur, said today that Khani's passport had not yet been located and that there were now concerns that the 40-year old could in fact be from Iraq.


When he was arrested in a central Jakarta apartment on January 25, police found a copy of a passport which indicated he was Australian, but searches since have failed to recover the original document.

"At the moment he's in immigration (detention) for his overstay visa," Bambang said.

"We're also going to investigate (the details regarding) his passport, because there's something not right in it. We suspect that he might be Iraqi."

Another high-ranking source, who did not wish to be identified, told AAP that due to the lack of a passport and because Australia had not requested his extradition, authorities in Indonesia were unsure about how to process Khani.

He said that Australian officials had refused to meet the cost of an airline ticket and other deportation costs.
"If we process him and soon to deport him, where shall we deport him?" he said.

It is now possible that Khani could be deported to a third country, such as Iraq, which could allow him to escape charges in relation to organising SIEV 221.

Comment was being sought from the Australian government.

At the time of his arrest Khani had at least six mobile phones in his possession, which showed contact between people in Australia, Afghanistan and Malaysia, as well as another man, Abdul Khadim, who was arrested in Indonesia in November.

Khadim, an Iraqi, is believed to be linked to the same people-smuggling operation as Khani, also known as Ali Hamid, Abu Hamid, Syahram and Ali Khoram.

Indonesian police have previously said that Khani could face up to five years in jail and a fine of RP25 million ($A2,785) for hiding, giving shelter, and giving jobs to foreign people suspected of being in Indonesia illegally.

They had also said he may be charged with misusing an immigration permit and for overstaying his visa, both of which carry similar penalties.

At least 30 asylum seekers died in the Christmas Island tragedy, while the bodies of as many as 20 people were not recovered. Forty-two people, including three crew members who are being tried over the disaster, survived.