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The Merauke Five are five Australian citizens who were detained by Indonesian authorities in the West Papuan town of Merauke for entering Indonesian territory without visas. The passengers were assured by the operator of the aircraft that visas were arranged and would be obtained upon arrival. Even without visas or security clearance, they were cleared to land by air traffic controllers, who were aware of their situation and assured them that a fine would be sufficient to clear the matter up. However, they were put in detention, then sentenced to jail.〔(【引用サイトリンク】title=Merauke Five 'felt they'd been forgotten' )〕〔(【引用サイトリンク】title=Ordeal set to end for Merauke Five )〕 The Merauke Five consisted of middle-aged Queenslanders – pilot William Scott-Bloxam, his wife Vera and passengers Keith Mortimer, Hubert Hofer and Karen Burke. The trip's intended purpose was part sightseeing and part business. Their arrival date was 12 September 2008. ==Appeal== After being sentenced to between two and three years' jail each, the group appealed the case in the Jayapura High Court, resulting in their freedom as the court overturned the jail sentence. When they arrived at the airport, however, they found their plane surrounded by Indonesian security, who had confiscated it on behalf of the prosecutors who lodged an appeal to overturn the High Court ruling. The plane, they said, was required for evidence. And as the court ruling stipulated they must leave in their own plane, the Merauke Five were trapped at Mopah Airport — too afraid to leave in case they would be charged again for other charges. Defence lawyer Mohammad Rifan told AAP (Australian Associated Press) that under Indonesian law, the prosecutors were not permitted to appeal against a High Court decision. "Under the law of the criminal code, 'article 244', if the court orders the release as soon as possible, right now, you cannot appeal to the Supreme Court," he said. "If this happened for an Indonesian national, they would be free straight away. Why not for an Australian national?" But an Indonesian law expert in Australia said that while it is true the country does not allow appeal of absolute acquittals, they do allow it in other cases — such as, for example, if someone is acquitted because they were found to be under duress. "The question is whether the Merauke Five's is an absolute acquittal for the purposes of Indonesian law", said Director of the Asian Law Centre at Melbourne University, Professor Tim Lindsey. "That will be a first issue that will be raised when the issue comes back before the courts." Lindsey noted, however, that Indonesian courts have been "quite inconsistent in how they interpret article '244', and have tended to read it in a way that will allow the appeal to go ahead". He also said that in Australia, it is unusual for a prosecutor to appeal.〔(【引用サイトリンク】title=Rudd under fire as Australians 'rot in Papua' )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Merauke Five」の詳細全文を読む スポンサード リンク
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