Australia has asked Malaysia for assurances that two men convicted of conspiring in the Bali bombings are being closely monitored following their repatriation from Guantanamo Bay.
American authorities convened a video call with people affected by the bombings around midnight (AEDT) and notified them that Mohammed Farik bin Amin and Mohammed Nazir bin Lep were being repatriated to Malaysia.
"They were apologising and they realise the devastation it causes to a lot of family members here in Australia," said Melbourne man Jan Laczynski, who lost five friends in the bombings and was on the video call.
"It's Christmas time and we're greeted with this news this morning, this terrible news, that these two Malaysians, they're getting a fresh start."
Bin Amin and bin Lep, who acted as money couriers after the 2002 bombings to support the terrorists involved in the attacks, had been in American custody since 2003.
In January, a military jury sentenced them to 23 years in confinement, not counting time served, after they pleaded guilty to conspiring in the bombings, murder in violation of the law of war and other offences.
But after they agreed to give evidence against the alleged bombing mastermind, Hambali, they were given reduced sentences of about five years' each.
At the time, it was recommended the men be repatriated or transferred to another country to serve the remainder of their sentences.
The US Department of Defense has now confirmed the men have been returned to Malaysia, where they will take part in a deradicalisation program lasting three to five years.
They will remain in custody for at least some of that time, before their possible transfer into supervised community accommodation, the ABC understands. They are also likely to be placed under permanent surveillance and lifetime travel bans.
Questions about monitoring
A spokesperson for Australian Foreign Minister Penny Wong said the government had "conveyed to the US and Malaysia our close interest in this matter on numerous occasions".
"We recognise that this news will be distressing for the survivors and families of victims of terrorist attacks, especially the 2002 Bali bombings," the spokesperson said.
"While the arrangements for the transfer are a matter for the Malaysian and US governments, we have sought assurances from the Malaysian Government that the individuals will be subject to ongoing supervision and monitoring."
Malaysia's Home Affairs Minister, Saifuddin Nasution Ismail, said his government had drawn up a "comprehensive reintegration program specifically for the two individuals concerned, including support services, welfare and health screening".
A lawyer for bin Lep, Brian Bouffard, said the men were "gofers" who were not directly involved in the bombings.
He said it wasn't clear when his client would be released to return to life with his family.
"He's going to be monitored for the rest of his life," he said. "He's going to live a peaceful and quiet life."
'Deep, heartfelt remorse'
The bombings of the Sari nightclub and Paddy's pub, in the Balinese party region of Kuta, killed 202 people including 88 Australians.
Bin Lep and bin Amin apologised to the victims and their families during the military court hearing in January. Bin Amin said he knew nothing about the bombing until after it happened.
Both men also said they were tortured while in US custody. The court was shown some of bin Amin's drawings, depicting him naked and shackled.
Mr Bouffard told the ABC his client had "paid a far higher price in torture and decades of indefinite detention than his peripheral role in the Bali bombings warranted".
"He has accepted responsibility for his role in moving certain funds connected to it and has expressed a deep heartfelt remorse for the horrific loss of life that resulted from it," Mr Bouffard said
"Others perhaps deserve to suffer more for their roles in that atrocity, but Nazir has suffered far more than justice would demand for his own."
Bin Amin's lawyer, Christine Funk, said her client would willingly participate in Malaysia's "well proven rehabilitation and integration program".
"Mr bin Amin has stated publicly that he regrets his actions, and that he plans to move forward as a good and peaceful Muslim," she told the ABC.
But Mr Laczynski, who said he had a "lucky escape" when he left the Sari Club just before the bombing, said the repatriation was painful for those who lost friends and loved ones.
"Terrorists should never be getting special deals," he said. "The fact that one terrorist is giving evidence against another terrorist doesn't lessen the pain for any of any of us."
Three Bali bombers were killed by firing squad in Indonesia in 2008, five years after they were sentenced.
Hambali, real name Encep Nurjaman, was allegedly a leader of the Al Qaeda-linked terror group, Jemaah Islamiyah, that was behind the bombings.
He is one of just 27 detainees who remain at Guantanamo Bay. A trial has been scheduled for March next year.
Closing Guantanamo Bay
The Department of Defense said the US appreciated Malaysia's support in its "efforts toward a deliberate and thorough process focused on responsibly reducing the detainee population and ultimately closing the Guantanamo Bay facility".
US President Joe Biden had hoped to shut down Guantanamo during his presidency.
Earlier this week, Kenyan man Mohammed Abdul Malik Bajabu was repatriated, three years after a review determined his detention was no longer necessary to protect the US from threat.
He was held for almost 18 years without charge, suspected of involvement in an Al Qaeda plot against Israeli tourists in East Africa.
Human rights groups Amnesty International said Mr Biden must transfer the remaining detainees "or he will continue to bear responsibility for the abhorrent practice of indefinite detention without charge or trial by the US government".
The Defense Department said 15 detainees were eligible for transfer, three were eligible for review, seven were involved in the military court process and two had been convicted and sentenced.
