AC-2023-LON-002337 - [2025] EWHC 1985 (Admin)

Should the Applicant be extradited to the United States, it is likely that he would be detained pre-trial at the MCC San Diego. This facility primarily houses individuals awaiting trial or sentence within the Southern District of California. The United States Marshals Service is responsible for the placement of pre-trial detainees and, while other contract county jails may be utilised, MCC San Diego's proximity makes it the probable choice. It is “very unlikely” that the Applicant would be granted bail without access to substantial assets or financially secure sureties willing to guarantee his appearance.

If the Applicant is convicted and sentenced to a term of imprisonment, the precise facility cannot be definitively predicted, as decisions about an inmate's placement and transfers are matters for the BOP following sentence.

There is a significant likelihood that the Applicant would be placed in an SHU, at least initially, particularly given his earlier involvement in a hoax bomb threat to a U.S. Embassy. Moreover, individuals who are openly gay may be moved to SHUs for protective reasons or if they become victims of sexual predators.

If convicted, the Applicant faces a potential sentence of 7 to 10 years. The United States and Indonesia have no bilateral prisoner transfer agreement, so that the Applicant would serve his full sentence in the U.S.

The Applicant raises a concern regarding potential detention in a CAR prison. He argues that historically, there is a precedent for the imprisonment of aliens in substandard foreign-only prisons. Although Executive Order 14006 of President Biden, issued on 26 January 2021, aimed to eliminate the use of privately operated criminal detention facilities, this order was subsequently revoked by an Executive Order on 20 January 2025. It is said that this revocation gives rise to a “real risk that CAR prisons will now be reintroduced” and that the Applicant could be a candidate for detention in such a prison, characterising this as a “classic case of greater punishment for those who are foreign”.

Should the Applicant be convicted and complete a prison sentence, he would likely be removed from the United States. During the removal process, he would typically be transferred from a criminal prison to an immigration detention centre, leading to an additional period of custody while awaiting deportation.