The legal options as Jenkins family seeks pardon

July 9 2004 1. Charles Robert Jenkins gets off bus and enters VIP room at airport followed by his two daughters and his wife 2. Jenkins 3. Exterior Japanese embassy 4. Japanese embassy plaque 5. Japanese flag over embassy July 8 2004 6. Hikmahanto, International Legal Expert seated at his desk 7. SOUNDBITE: (English) Hikmahanto, International Legal Expert: "Japan has the 'obligation' to surrender requests from the US of any person that the US is requesting, provided that the crimes that they are violating are in accordance with what is stimulated in the treaty." July 9 2004 8. Interior of Jakarta courtroom 9. Defendant's bench 10. Defendant's side with Indonesian flag File 10. Exterior of US embassy 11. US embassy seal July 8 2004 12. SOUNDBITE: (English) Hikmahanto, International Legal Expert: "In the absences of extradition treaty the United States may still request the Indonesian government to extradite Mr. Jenkins - however it is up to the indonesian government to accept or reject" 13. Hitomi Soga entering Intercontinental hotel after first arriving in Indonesia 14. SOUNDBITE: (English) Hikmahanto , International Legal Expert: "If she wants to file a lawsuit against the North Korean government it is on a very weak legal basis, little grounds because as I told you, whether North Korea is abducting her or whether it is her intention to stay there and have a family 15. Exterior of Intercontinental hotel STORYLINE: An alleged US Army deserter Charles Jenkins was reunited with his Japanese wife Hitomi Soga in Jakarta on Friday in a story that has captured the imagination of the many people around the world. Jenkins had been living in North Korea for nearly 40 years after walking across the border from South Korea where he was stationed in the US military. It was there that he met Soga, who had been abducted by the Pyongyang government 25 years ago in order to teach North Koreans to speak Japanese. Two years ago Japanese Prime Minister Junichiro Koizumi managed to broker a deal with the North Koreans and Soga returned to Japan, leaving her husband and daughters in reclusive North Korea. Jenkins had initially refused to join his wife in Japan, fearing he'd be extradited to the United States to face desertion charges. Jakarta has no extradition treaty with Washington, so Jenkins and the couple's two daughters went there. International legal expert Hikmahanto (like many Indonesians, he goes by one name only) says that even with an extradition treaty the US could ask Indonesia to hand over Jenkins. It is unclear, however, what Washington would do if Jenkins decided he wanted to stay and live in Indonesia. Soga hasn't been reported to be exploring any legal options of her own, hoping that North Korea would agree to let her family join her first. Even so, legal experts say she would have a hard time suing Pyongyang in international courts for abducting her two and a half decades ago. The family is expected to remain in Indonesia at least through to the 23rd of July, the 20th birthday of Jenkins and Soga's youngest daughter. Meanwhile, Jenkins' family in the United States has asked President George W. Bush to pardon the North Carolina native. Lawyer James B. Craven III mailed a petition Friday to the Justice Department on behalf of Charles Robert Jenkins' family in North Carolina, the Raleigh News and Observer reported. Craven said Bush would have ample precedent for granting a pardon because former presidents granted executive clemency to Vietnam War resisters, soldiers who were absent without leave and those who, like Jenkins, were accused of desertion but never tried. Craven said he doesn't expect any decision to come before the November election. You can license this story through AP Archive: http://www.aparchive.com/metadata/youtube/efeadb49051c9a1a948ed5c8b47f0d4a Find out more about AP Archive: http://www.aparchive.com/HowWeWork