Feb. 16
INDONESIA:
Bali 9's Andrew Chan and Myuran Sukumaran to be moved to Nusakambangan island
this week, authorities say
2 Australian Bali 9 members on death row in Indonesia will be transferred this
week to the most notorious prison on Nusakambangan island, known as Indonesia's
Alcatraz.
The head of the Bali prosecutors' office confirmed on Monday afternoon that
Andrew Chan and Myuran Sukumaran will be taken to the maximum security Batu
prison on the penal island. The name of the jail, which was built in 1925,
means stone prison.
10 officers from the paramilitary force Brimob will escort the 2 men to
Nusakambangan.
Momock Bambang Samiarso said the transfer would not take place on Monday - and
was unlikely to happen on Tuesday - but would definitely happen this week.
"It will be a chartered commercial flight on a plane that will seat 20 to 30
people," he said.
"We are still working out the details."
Mr Samiarso said he would notify the families as soon as possible.
Prime Minister Tony Abbott revealed on Monday he made a further plea for Andrew
Chan and Myuran Sukumaran's lives to Indonesian President Joko Widodo.
And a judge involved in handing down the death sentence to the 2 drug smugglers
has denied allegations there was political intervention or bribery in the case.
Attorney-General spokesman Tony Spontana said earlier that condemned drug
felons from Bali's infamous Kerobokan jail, where Chan and Sukumaran are on
death row, will be the 1st transferred.
They would be later joined by felons from prisons in Madiun and Yogyakarta.
"Only after everybody is gathered at Nusakambangan will the D-day be decided,"
Mr Spontana said.
11 prisoners on death row for drug and murder charges are expected to be killed
in the 2nd round of executions in Indonesia this year. Of these, 7 drug felons
are foreigners from Australia, the Philippines, France, Brazil, Nigeria and
Ghana.
Mr Abbott said he felt "sick in the pit of my stomach" when he thought about
what was happening to Chan and Sukumaran.
"Like every parent, I want to try to ensue that nothing terrible happens."
Mr Abbott would not provide further information on his overtures to Mr Joko
because he did not want it to come down to a test of strength.
"If we do turn this into a test of strength, I think we are much more likely to
back the Indonesians into a corner than to get the result we want," he said.
Chan and Sukumaran's legal team have written to the Indonesian judicial
committee requesting an investigation into allegations of political
interference and bribery when the death sentence was imposed.
Foreign Affairs Minister Julie Bishop said these were very serious allegations
and she understood the lawyers would continue to raise these matters.
However a judge involved in the case, Wayan Yasa Abadi, denied there had been
political interference or bribes.
"I can assure you there was none," he said. "We protected ourselves from
everybody. It was purely our decision."
He said he would respond if summonsed by the judicial committee.
Meanwhile, a new Lowy Institute poll has found that 62 % of Australians oppose
the execution of Chan and Sukumaran.
This is in contrast to an earlier Roy Morgan poll - seized upon by the
Indonesian government to justify the executions - which found that 52 %
supported the death penalty for Australian drug traffickers.
The earlier poll was criticised for being crude and misleading due to the
rubbery nature of the questions asked.
According to the Lowy poll, 69 % of the population do not believe the death
penalty should be applied for drug trafficking.
Executive director of the Lowy Institute Michael Fullilove said Australian
public and political opposition was crystallising as the date of the execution
drew closer.
Bali 9: the history
August, 2005: Indonesian police - acting on information passed onto them by the
Australian Federal Police - arrest 9 Australians at Denpasar airport for
attempting to smuggle heroin.
September, 2006: Prime Minister John Howard refuses to intervene on behalf of
the "Bali Nine". "There are still matters potentially to be heard before
Indonesian courts," he said at the time, claiming he did not want to jeopardise
the defendants' case.
July, 2007: Mr Howard raises the issue with Indonesian president Susilo Bambang
Yudhoyono: "I thought it was appropriate to mention the fact that it's an issue
that attracts a lot of interest in Australia."
December: Prime minister Kevin Rudd tells Mr Yudhoyono that if any of the Bali
9 still faced the death penalty when all legal avenues had been pursued, he
would plead for clemency.
August, 2010: Letter from the AFP is submitted to the Indonesian court, stating
Scott Rush only played a minor role in the drug-smuggling ring. AFP
commissioner Mick Keelty also testifies in court. Mr Rush's death sentence is
reduced to life in prison.
May, 2013: Foreign affairs minister Bob Carr defends the government's handling
of the Andrew Chan and Myuran Sukumaran cases "We urge them to grant the
clemency appeals but we do so having respect with Indonesia to make its own
laws." Mr Carr says he has spoken about the matter with his Indonesian
counterpart at their meetings, as had prime minister Julia Gillard.
January 17, 2015: Prime Minister Tony Abbott writes directly to Indonesian
President Joko Widodo for mercy regarding Chan and Sukumaran.
January 20: Mr Abbott renews direct appeal for clemency.
February 6: Foreign Affairs Minister Julie Bishop and Mr Abbott say the
government is doing "whatever [it] humanly can" behind the scenes to keep the
pair alive, while considering recalling the Australian ambassador to Indonesia
if Chan and Sukumaran are executed.
February 12: Ms Bishop and Shadow Foreign Minister Tanya Plibersek both address
parliament. Bishop says 11 written representations have been made since January
7, from the Prime Minister, the Governor-General, the Foreign Minister, the
Attorney-General, the Minister for Justice.
She says she has spoken to her Indonesian counterpart "many times". More than
55 personal representations at the ministerial and prime ministerial levels
have been made.
February 14: Ms Bishop warns on radio that Australian tourists may choose to
boycott Indonesia.
February 16: Mr Abbott tells media he has personally reiterated his concerns to
Mr Widodo.
(source: Sydney Morning Herald)
******************
It's the death penalty that is the issue
Should Bali 9 ringleaders Myuran Sukumaran and Andrew Chan be executed by a
police firing squad in Indonesia?
That's a question many Australians are debating today as the 2 men get ready to
meet their maker.
The 2 knew the risk they were taking, they didn't care about the harm the drugs
they were bringing in would cause and it's almost certain if not caught their
drug trafficking days would have continued on.
As such if you said yes they deserve to die, you would have many supporters
standing alongside you voicing the same.
But we all know the issue here is much more than that.
It comes down to who believes in the death penalty?
I don't and as such believe the 2 Australians should not be marched into the
jungle late at night and cut down under a hail of bullets.
The Indonesian president, Joko Widodo, has refused to consider clemency saying
that their deaths and that of the other 7 who will be killed at the same time
is a warning that must be shouted out to all drug offenders.
I don't agree - spending 20 years in a cesspit jail for trading in drugs is
more than enough of a deterrent. You don't need to prove to the world that
Indonesia arrogantly listens to know one other than themselves.
If we didn't realise it before we should all know it now, Indonesia is a rude,
corrupt country that needs to be avoided at all costs.
(source: Opinion, Peter Chapman, The Queensland Times)
************************
Death for drugs?
The approaching death of 2 Australians in Indonesia for heroin smuggling has
produced an extraordinary outburst of public and governmental protest, and has
forced me to consider what the "right thing" is in this case. Andrew Chan and
Myuran Sukumaran are not unusual. 3 Australians were executed in Malaysia, and
1 in Singapore, for drug smuggling, and a 5th languishes in Vietnam awaiting
execution for the same offence.
Why has the fate of these 2 of the Bali 9 caused such attention? A number of
factors come to mind. They are said to have reformed, after ten years in jail.
They are seen, on practically every news bulletin, at work, or at least alive
and well in their prison. They are young men. Their fate is a firing squad. We
will all die, in due course, but we don't know when, and that uncertainty
allows us to get on with our lives. When you know you are going to be shot, and
your family and friends know as well, that is a highly unusual and distressing
situation for all of them.
Then the fates of the 9 are different. Schapelle Corby has been released. One
of the others was sentenced to life imprisonment, then was sentenced to death,
then had that sentence reversed to life imprisonment upon appeal. The others
all endure differing periods of imprisonment. Why the differences? Corby was
said to be a "mule", someone who carried drugs, either innocently or knowingly,
for others. Sukumaran and Chan were the ringleaders, and that does not seem to
be at issue.
Indonesia, Malaysia, Singapore and Vietnam all have tough anti-drug laws, with
death the standard penalty for conviction. Australia also has tough anti-drug
laws, but we no longer have sentences of death for any offence. Indeed, the
death penalty was last exercised in 1967, and formally abolished by the
Commonwealth in 2010; fewer than 1 in 3 Australians support the death penalty
for murder, according to the Roy Morgan polling group, and the proportion has
been declining for a long time. Moreover, neither the Commonwealth, nor any
State or Territory, will extradite a foreign national if the person might be
executed for the alleged offence.
It is that practice that has caused questions about the AFP's having tipped off
the Indonesian authorities about the Nine, rather than having awaited the
return of the drug smugglers to Australia. Apparently the AFP will discuss this
issue after the coming execution of Sukumaran and Chan.
I find it hard to establish a firm personal position on this case. I am opposed
to the use of the death penalty for variety of reasons, one of them being that
the judicial system can always be wrong. But I am also opposed to the
criminalisation of drugs of all kinds, on the ground that this leads, all too
easily, to the corruption of the police force, if only because the financial
stakes are so high.
I also take the view that drug use need not involve other persons, and even in
the worst cases represents a "crime" only against oneself. I accept that it is
virtually impossible to go back to the 19th century, when cocaine and heroin
were legally available, in part because they were seen as remedies for
ailments. But I take the view that if heroin, for example, were available on a
doctor's prescription for addicts, its use would fall right away, as would the
frequency of the crime for which Sukumaran and Chan have been sentenced to
death.
None of this is easy. I would not sign a petition for clemency in their case,
because they were found guilty in a properly constituted court in another
country. They knew what they were doing, and they knew what the consequences
were likely to be. Moreover, what they were doing, had they been successful,
would have caused a great deal of unhappiness, and almost certainly death, to
people in Australia.
Whenever so-called "hard drugs" come up for discussion I am reminded of a story
told to me many years ago by a colleague in the social sciences. He discovered
that one of his acquaintances was a heroin user, though he would not have been
able to guess that from any behaviour. That man, scornful of the bad reputation
that heroin had, suggested that my colleague study the group of recreational
heroin-users that he belonged to, all of them professionals of one kind or
another. With some misgivings, my friend did so. Within a few years, all of the
group had died.
What can any society do with practices or substances that can do great harm to
individuals? It can outlaw them, as the USA did with alcohol after the First
World War. It can also try to educate, and to provide remedies for those who
become addicted, as in Alcoholics Anonymous and Gamblers Anonymous. It can
accept that some practices are less than desirable, like prostitution, but
endeavour to regulate them. We do all of these things.
At the heart of this issue is the problem that we are human, and that our
society is based on humans and their strengths and weaknesses too. Too often we
ask the society to do things for us that we feel unable to do ourselves, like
preventing our children from taking up bad habits. That seems a job for
parents, in my judgment. Ultimately we all have to learn and grow up, and
growing up is hard. Some reach advanced age without having really done so.
To my mind, the drug problem cannot be easily solved. We are part of the world,
and the USA, in particular, takes a dim view of any society that does not see
"drugs" as seriously as it does. Our police forces are connected to other
police forces in an attempt to end the smuggling and selling of illicit drugs.
They're illicit because our legislatures have said they are. New drugs appear
from time to time and are proscribed too. Why do young people want to take
them? Because they're curious. Very few become addicted, but these are the ones
that make the headlines when they die, or kill someone for money to feed their
habit.
Current usage in Australia? Cannabis about 10 %, cocaine about 2 %, ecstasy
about 2.5 %, heroin about 0.1 %. Some 40 % of Australians have tried cannabis.
I'm one of them. It was more than 40 years ago, and I had no wish to repeat the
experiment. It would never have occurred to me to try heroin or cocaine. We as
a society have created "the drugs problem", by making such a fuss about drugs.
I am sorry for Sukumaran and Chan. They gambled and lost. I doubt that their
execution will deter others from thinking that they will succeed in smuggling
drugs into our country.
(source: )pinion, Don Atkin; The Malay Mail Online)
********************
Bali 9 death penalty - we shouldn't respect archaic and barbaric foreign laws
If you believe Myuran Sukumaran and Andrew Chan deserve to be executed in
Indonesia in the next few days, please read on. I would like to challenge the
view - held by 1 in 2 Australian adults - that these men should die.
It is true they were found to be responsible for strapping 8.3kg of heroin
worth about $4 million to the bodies of 7 other people flying into Australia in
2005.
I do not condone drug smuggling, and I believe these men deserve to be punished
for this terrible crime. Hundreds of people die each year as a result of heroin
overdoses, and drug abuse ruins many thousands more.
However, I am passionately against the death penalty.
Life in Bali's notorious Kerobokan jail with no prospect of release is
sufficient punishment for these 2 men. They do not deserve to be executed in
cold blood.
There is no such thing as a humane form of execution.
Killing these men is not justice, it's a criminal act against humanity.
I know many people argue these men were aware of Indonesia's death penalty for
drug smugglers, and must cop the penalty imposed on them by a foreign
government.
But we should not respect the laws of foreign countries that are archaic and
barbaric.
The problem is that the fate of this pair has little to do with the crime they
committed, or the way they have behaved in the past 10 years. There seems to be
no rhyme or reason as to why and when the death penalty is handed out by the
Indonesian Government.
For instance, other members of the so-called Bali Nine who were caught
red-handed with heroin were given prison sentences. Even terrorist leaders,
including those involved in the Bali bombings which killed 88 Australians, were
spared the death penalty.
I also find the hypocrisy of the Indonesians to be outrageous. They regularly
take steps to save the lives of their own citizens facing the death penalty in
other countries, but they have executed hundreds of foreigners.
Furthermore, the Indonesian President Joko Widodo has the right to grant
clemency, but has made it clear that he does not assess individual cases on
their legal or moral merits.
He is ignoring the advice of Indonesia's own Constitutional Court. The court
has recommended that any prisoner who has spent more than 10 years on death
row, and who has shown remorse and been rehabilitated, should have their
sentence reduced to life in jail. Chan and Sukumaran clearly meet this
criteria. Both have not only made changes in their personal lives, but have
done much to help others.
They have become model prisoners in the jail; holding English and art classes
and offering religious and psychological guidance to others.
It does seem Indonesia has more to gain by keeping these men alive and allowing
them to continue their good work within the prison than by it would gain by
their execution.
I also can't ignore the role of the Australian Federal Police in tipping off
the Indonesian authorities. Perhaps this is why everyone is talking about Chan
and Sukumaran, but the plight of other Australians on death row in other
countries receives little attention.
It is chilling to think these men may not have been caught if it were not for a
tip-off by the father of one of their mules worried about his son.
Those who are arguing Chan and Sukumaran should be executed should consider
what benefit it would bring.
Clearly, the death penalty is no deterrent to drug smugglers: Indonesian jails
are overflowing with drug mules.
Another pressing issue is the very real prospect of diplomatic, political and
economic ramifications for Indonesia. There is a growing backlash among
everyday Australians, who are under increasing pressure to cancel plans to
holiday in Bali. Indonesians, a peace-loving people, do not deserve to have a
government that puts them in such a position.
At this stage legal challenges are still pending, but many experts say all
avenues have been exhausted.
It is very likely that within days Chan and Sukumaran will be executed by
firing squad. These men do not deserve to get off scott-free, but they do not
deserve to die in this way.
It is time the Indonesian Government joins the world's civilised nations and
outlaws the death penalty.
I urge those who support this act to reconsider. Ask yourself: would you feel
differently if it was your son or brother facing the firing squad?
(source: Opinion, Susie O'Brien; The Herald Sun)
***********************
3 Murderers of British Citizen May Face Death Penalty
3 accused murder of a British citizen who has Australian Passport Robert Kevin
Ellis (60) are threatened to death penalty.
In a session in Denpasar Court on Wednesday, the Public Prosecutor Raka
Arimbawa, reading the indictment to the victim's wife Noor Aini Julaikah,
executor Urbanus Yoh and Yohanes Sairo Kodu.
"The 3 defendants are charged with Article of the Criminal Code (primary),
Article in conjunction with Article of Criminal Code (subsidiary) of a murder
committed together," said Raka in Denpasar.
The indictment stated that the victim Robert Kevin Ellis was killed in a Villa
in Sanur, South Denpasar, on October 19, 2014, at 7 pm.
Nur Elis intentionally and plan of killing her husband by hiring 5 with the
reason that she felt annoyed towards the victim's attitude.
Therefore she planned to kill her husband and told her maid Marlina Bela Zaghu
to find the person to do the murder.
After doing a deal, Nur Ellis gave Rp150 million to the executors, if they are
successful to kill her husband up to dispose the body.
(source: The Bali Times)
*********************
It's lucky the Bali bombers didn't have drugs on them
Imagine if the Bali 9 had been smuggling heroin to fund terrorism. That's not
true - there are no links whatsoever - but the Australian Institute of
Criminology notes that "terrorist groups continue to be heavily involved in the
drug trade".
The reason for bringing it up is that looking at the sentences handed down to
the 9 Australians and comparing them to the jail time given to Jemaah Islamiyah
(JI) terrorists, some would draw the conclusion that Indonesia's courts would
consider drug trafficking to fund terrorism a greater offence than actual
terrorist attacks that kill hundreds of people.
With 2 Australians on death row, it's worth asking whether their punishment
truly fits their crime.
On 12 October, 2002, 202 people, including 88 Australians, died when a bomb
went off at the Sari nightclub in Bali's Kuta district. A further 209 people
were injured.
On 17 April, 2005 in Denpasar, Bali, 9 Australians, aged between 18 and 28,
were arrested for attempting to smuggle 8.3kg of heroin from Indonesia to
Australia.
On 9 November, 2008, 3 Indonesians, Imam Samudra, Amrozi Nurhasyim and Huda bin
Abdul Haq were executed by firing squad for their roles in the 2002 Bali
bombings. At the time, the Rudd Government did not object to the executions,
but subsequently announced that it would campaign internationally against the
death penalty.
Within days, 2 Australians, Andrew Chan and Myuran Sukumaran, will be executed
by firing squad as the "ringleaders" of the Australian drug group, despite
repeated pleas for clemency from the Australian government and thousands more.
The other 7 Australians involved, Scott Rush, Si Yi Chen, Tan Duc Thanh Nguyen
and Matthew Norman were all sentenced to death at some stage during the appeal
process, but had the sentence downgraded to life in jail.
Martin Stephens and Michael Czugaj are both serving life sentences.
Ranae Lawrence is the only Australian to have successfully reduced her sentence
on appeal, from life to 20 years. Unlike the others, she did not face a 2nd
appeal.
While the death penalty was on Indonesian statutes when the republic was formed
in 1949, the 1st executions didn't take place 1973, just as Australia ended
capital punishment.
Indonesia introduced it for serious drug offences in 1975, along with Singapore
and Malaysia (where Australians have also been executed for drugs crimes), in a
bid to halt the flow of narcotics trafficking down through Asia from the Golden
Triangle.
Jemaah Islamiyah was behind the October 2002 Sari nightclub attack, the 2003 JW
Marriot Hotel bombing, 2004 bombing of the Australian Embassy in Jakarta, a 2nd
Bali bombing in 2005, killing 4 Australians, and a 2nd JW Marriot Hotel bombing
in 2009, which occurred simultaneously Ritz-Carlton bombing, which killed 7
people, including 3 Australians.
Indonesia's criminal justice system appears to have been far kinder to those
involved in terrorist activities, with additional help from regular
Presidential remissions to sentences.
The Institute for Policy Analysis of Conflict reports that around 100
extremists, especially those involved in the 2002 Kuta bombings and the
subsequent 2005 bombings in Jimbaran and Kuta, which killed 20 people,
including 4 Australians and injured 129, including 19 Australians, have been
released.
While the Indonesian government has focussed on a de-radicalisation program,
there are questions about its effectiveness, with terror cells being controlled
from jail, as well as some of those released being involved in further
terrorist acts.
As Australian Policy Online points out: "overcrowding, understaffing and the
poor physical condition of many Indonesian prisons combine to produce escapes
of ordinary criminals so frequently that it is a wonder that not more
extremists make the attempt".
By 2010, just 13 of the 70 JI terrorists convicted for their involvement in the
Bali bombings and 2004 attack on the Australian embassy in Jakarta were still
in prison.
By May 2014, just 5 men from the 2 Bali attacks remained in jail.
Others have walked free. Here's how a number of the key terrorists involved
have fared.
Last year Muhammad Cholili, sentenced to 18 years for helping make the 2005
bombs that killed 20 people, was released on parole after serving less than 8
years. To this day he denies any involvement in the restaurant attacks.
Others involved in the 2002 bombings have also benefited from the Indonesian
legal system.
Abu Bakar Bashir, regarded as spiritual head Jemaah Islamiah, was found guilty
of conspiracy over the 2002 bombings and sentenced to 30 months, but was
acquitted on appeal and released in 2006. He is currently serving 15 years
after being convicted in 2011 of supporting a jihadi training camp.
Umar Patek, nicknamed the Demolition Man, was arrested in 2011 in Pakistan, in
the town where Al-Qaeda leader Osama bin Laden was killed 3 months later. The
US offered a $1 million reward for his capture. He was found guilty of murder
and bomb-making in 2012 and sentenced to 20 years. Prosecutors did not ask for
the death penalty.
His wife was sentenced to 27 months for immigration violations. Idris, also
known as Johnny Hendrawan, admitted his involvement, including detonating a
bomb. He walked free after a ruling that Indonesia's anti-terror laws could not
be applied retrospectively. He received a 5 year sentence for his involvement
in the 2003 Marriott Hotel bombing, which killed 12, and was released 2009.
Masykur Abdul Kadir, sentenced to 15 years, also had his sentence overturned
when the retrospective anti-terrorism laws were struck down.
[source: US Justice Dept]
Hambali, aka Riduan Isamuddin, dubbed the Bin Laden of Asia, was captured in
Thailand in 2003 by US operatives and in 2006 was placed under extrajudicial
detention at Guantanamo Bay. He is 1 of 17 high-value detainees there and
considered the architect of the 2002 Bali bombing as the financier of the
operation, with close links to Al-Qaeda as well as JI. No charges have been
laid against Hambali, although US authorities recommended prosecution for
offences against American citizens (seven died in Kuta in 2002). Indonesia and
several other countries also want him to face court, and the lack of a trial
remains a sore point in the region, especially for the survivors of the attack.
Hari Kuncoro brother-in-law of bombing mastermind Dulmatin (killed in a police
raid in 2010), was arrested in a 2011 raid, along with 15 others. Kuncoro was
sentenced to 6 years helping Dulmatin prepare the bomb.
Australia's best known convicted drug smuggler, Schapelle Corby, spent 9 years
of a 20-year sentence in Bali's Kerobokan prison for importing 4.2kg of
cannabis before being released on parole 12 months ago. Her sentence was
reduced by the President by 5 years, but she must remain in Indonesia until
2017.
It's lucky for the Bali bombers that they didn't have drugs on them.
(source: Simon Thomsen, Business Insider)
******************
Brother Of Indonesian Maid On Death Row In Saudi Says Indonesia Has Death
Penalty Double Standards For Refusing Clemency To Bali 9, Others
The Indonesian government has double standards when it comes to killing
criminals, according to the family of an Indonesian domestic worker on death
row in Saudi Arabia. The government paid 7 million Riyadh [$2.4 million] as
blood money to save Satinah Binti Jumadi Ahmad from execution in the Arab state
in 2014, but it won't back down on executing Bali 9 pair Andrew Chan and Myuran
Sukumaran despite repeated pleas from the Australian government.
The 41-year-old domestic worker had been sentenced to death by beheading for
murdering and robbing her employer's wife. To spare its citizen from the
capital punishment, the Indonesian government sent a formal appeal to the
then-ruler King Abdullah to pardon Ahmad, and had paid the legally recognised
"blood money" to family of Ahmad's victims.
Ahmad's life was spared, and her family were thankful that their government did
everything it could to save her. However, they can't help but think Indonesia
has double standard when it comes to executing criminals.
"On the one hand, Indonesia is begging for its citizens to escape the death
penalty, meanwhile Indonesia's firing squad executives inmates, it's not fair,"
Paeri al-Feri, Ahmad's brother, told the Guardian. "How can you plead for a
lighter sentence or even freedom from other countries if the death penalty
still exists in Indonesia?"
Diyya, or blood money, is legally recognised in Islamic Sharia law. It is the
financial compensation paid to the heirs or family of a victim for the offender
to be forgiven. Australia does not apply the Shariah law of blood money, but
has also shelled out money for Indonesia. It has given Indonesia a billion
dollars in aid back in 2005. Then-prime minister John Howard announced the aid
package of $500 million in grants and another $500 million in concessional
loans as response to the tsunami that devastated Southeast Asia the previous
December. It should be noted that the aid was unrelated to sparing the lives of
the Australian citizens on death row.
Australian Prime Minister Tony Abbott has recently sent an 11th-hour appeal for
Chan and Sukumaran's clemency to his Indonesian counterpart, President Joko
Widodo. However, Mr Widodo previously vowed not to give in to outside
pressures, saying he would not give compromise to drug offenders. And as
Foreign Affairs Minister Julie Bishop continues to lobby for the pair's lives,
Indonesian minister Retno Marsudi is also fighting for 229 Indonesian nationals
on death row outside the country.
The foreign minister's spokesperson, Armantha Nasir, defended Indonesia's
position to the Guardian, saying their use of capital punishment is within the
bounds of the International Covenant on Civil and Political Rights. The
covenant claims that death penalty may only be imposed for the "most serious
crimes."
U.N. secretary general Ban Ki-moon has recently condemned Indonesia's execution
of criminals with drug-related charges. He spoke with Marsudi to express his
concern over the matter.
"The secretary general appeals to the Indonesian authorities that the
executions of the remaining prisoners on death row for drug-related offences
not be carried out," spokesman Stephane Dujarric said, adding the U.N. opposes
the capital punishment under all circumstances.
(source: International Business Times)
*************************
Increased fundraising for Antony de Malmanche's Indonesian drug trial
As Dannevirke-born Antony de Malmanche prepares to defend drug allegations in
an Indonesian courtroom, friends and family have ramped up efforts to help pay
for his legal costs.
The 52-year-old sickness beneficiary's trial will begin in Indonesia tomorrow,
with the legal proceedings expected to cost up to $120,000.
The Whanganui resident is facing the death penalty or 5 years' imprisonment
after being arrested in December last year.
de Malmanche is accused of attempting to smuggle 1.7 kilograms of crystal
methamphetamine into Bali from Hong Kong.
He is being represented by a legal team from Indonesia and by New Zealand human
rights lawyer Craig Tuck .
Family media liaison James Bellamy said he and Tuck were going to travel to
Indonesia next week.
Bellamy said the pair would go over with psychiatrist Rupert Bird, who will
provide de Malmanche with a psychiatric assessment, to meet the legal team.
Although much of the legal work will be done on a pro bono basis, costs are
mounting, prompting his family and friends to continue their fundraising
efforts.
Although the many small donations were appreciated, they were looking for a
"patron" who might be able to pledge a more significant amount of money, he
said.
"It would be wonderful if there was someone who was in the position to become a
major patron of the cause," Bellamy said.
Shaun de Malmanche, Antony's son, said he and his wife had mortgaged their
house in an effort to cover the "mind boggling" costs.
"We just got out what we had left from the house," he said. "We absolutely
maxed it out. Nobody in the family has money.
"We're just trying to see where [else] we can get the money from."
The family has set up a page on website Give a Little, after the father of four
was arrested, which has raised close to $14,000 so far.
He said the family was "absolutely blown away" by the support so far.
Bands from Palmerston North will play at a gig organised by family and friends
in the city next month.
Shaun de Malmanche said it was an appropriate way to go about raising money for
his father, as it was he who introduced him to classic rock music when he was
young.
The gig will be held at the Royal Hotel on the March 21. Donations would be
accepted for the family's cause.
A garage sale has also been planned by family in Whanganui and people are
invited to donate secondhand goods.
(source: Stuff news)
*******************
U.N. Urgently Urges Indonesia to Halt Executions
In a time-sensitive appeal, a U.N. Human Rights Expert has urged the Indonesian
Government to halt further executions of people convicted of drug-related
offenses.
It is reported that 14 persons have been slated for execution in Indonesia
without a fair trial, to which U.N. Special Rapporteur on extrajudicial
executions, Christof Heyns, is seeking immediate reverse measures including
clemency.
"Despite several appeals by U.N. human rights experts and civil society
organisations urging the Indonesian Government to reconsider imposing the death
penalty for drug-related offences, the authorities decided to execute 6 people
by firing squad on 18 January 2015," said Heyns, in Geneva.
More recently, Indonesian officials have announced that eight convicted drug
traffickers would be executed by firing squad any day now.
It is reported that 12 out of the 14 cases are foreign nationals who generally
have not received access to adequate interpreting services, the right to a
translator or a lawyer at every stage of trial and appeal.
"Any death sentence must comply with international obligations related to the
stringent respect of fair trial and due process guarantees, as stipulated in
the International Covenant on Civil and Political Rights, to which Indonesia is
a State party.
"I previously expressed concerns over the imposition of death penalty for
drug-related offenses, and that such death sentences undertaken in
contravention of Indonesia's international human rights obligations is
tantamount to an arbitrary execution," said Heyns.
International law regards punishment by death to be an extreme form of
punishment, which should never be imposed in the absence of the strictest
safeguards including a fair trial.
"I have urged Indonesia to restrict the use of the death penalty in compliance
with its international obligations. I regret that the authorities continue to
execute people in violation of international human rights standards."
In his statement, Heyns also drew attention to the International Covenant on
Civil and Political Rights, by which anyone sentenced to punishment by death
has the right to seek pardon or commutation of the sentence, reminding of the
option to grant amnesty, pardon or commutation of the death sentence.
On a broader note, he concluded by saying: "I urge the Government of Indonesia
to establish a moratorium on execution with a view of its complete abolition,
in order to comply with the international move towards the abolition of the
death penalty".
(source: Inter Press Service)
AUSTRALIA:
New Lowy Institute poll: 62% Australians oppose execution of Chan and Sukumaran
In a new poll conducted by the Lowy Institute on the weekend, 62% of the
Australian adult population say that the executions of the 2 Australian
citizens, Andrew Chan and Myuran Sukumaran, in Indonesia should not proceed.
Fewer than 1 in 3 (31%) Australians say the executions should proceed.
Most Australians also oppose the death penalty for drug trafficking. A
substantial majority (69%) of the Australian population believes that in
general, the death penalty should not be used as a punishment for drug
trafficking. By comparison, only 26% say that the death penalty should apply to
drug trafficking.
As Michael Fullilove has remarked today in a press release on this poll, with
the date for the executions of the 2 Australians appearing to draw closer,
'Australian public and political opposition is crystallising. This Lowy
Institute poll is a strong expression of Australian public opinion against the
execution of Andrew Chan and Myuran Sukumaran, as well as public opposition to
the death penalty for drug trafficking in general.'
This special Lowy Institute poll reports the results of a nationally
representative survey by telephone of 1211 randomly-selected respondents aged
18 years and over, conducted by Newspoll on 13-15 February 2015. The
approximate error margin for the poll is +/- 2.8%.
The questions asked in the poll were as follows:
1. In Indonesia, there is a death penalty for drug trafficking. 2 Australian
citizens, Andrew Chan and Myuran Sukumaran, are currently facing execution in
Indonesia following convictions for drug trafficking. Do you personally think
that the executions of these 2 Australian citizens should or should not
proceed?
2. Around the world, some countries do have a death penalty for drug
trafficking, while other countries do not. In general, do you think the death
penalty should or should not be used as a penalty for drug trafficking?
(source: lowyinterpreter.org)
************************
Tony Abbott warns against bid to save Bali 9 pair becoming 'test of strength'
---- Australian PM asks President Joko Widodo to spare the lives of Andrew Chan
and Myuran Sukumaran but says he is wary of backing Indonesia into a corner
Millions of Australians feel sick at the prospect of 2 citizens facing the
"dreadful, final and irrevocable" penalty of death by firing squad in
Indonesia, Tony Abbott has said.
The prime minister said on Monday he had made a further personal representation
to the Indonesian president, Joko Widodo, about the plight of Andrew Chan and
Myuran Sukumaran, but Abbott also warned against "turning this into some kind
of test of strength".
Australian officials were invited to a meeting on Monday where Indonesian
officials were expected to spell out the procedures for the planned executions
of Chan, Sukumaran and several prisoners from other countries.
Abbott declined to comment on new claims made by Chan and Sukumaran's legal
team that 6 judges who sentenced them to death had offered to give a lighter
penalty in exchange for a bribe - although the foreign affairs minister, Julie
Bishop, described them as "very serious allegations".
Fairfax Media reported that the claim was outlined in a letter to Indonesia's
judicial committee alleging a breach of ethics, and the legal team had also
written to the attorney general, HM Prasetyo, highlighting an outstanding legal
challenge in the administrative court.
Abbott said he would not be drawn on legal argument but reiterated Australia's
"absolute opposition to the death penalty" and its determination "to do
everything we humanly can, even at the 11th hour, to try to ensure these young
Australians do not face death in a foreign jail".
"I have made a further personal representation to President Widodo because we
are obviously wanting to leave no stone unturned here," he said.
"Like millions of Australians, I feel sick in the pit of of my stomach when I
think about what is quite possibly happening to these youngsters and, like
every parent, I want to try to ensure that nothing terrible happens to people,
so we are constantly making representations. We are constantly trying to appeal
to Indonesia's sense of itself as a stable democracy under the rule of law and
that's what our latest representations are all about."
Abbott would not provide further detail about the representations because it
was important not to "turn this into some kind of test of strength".
"If we do turn this into a test of strength, I think we are much more likely to
back the Indonesians into a corner than to get the result we want," he said.
Abbott also called on Indonesia not to proceed with the executions given that
legal avenues for appeal remained available to Chan and Sukumaran, who were
convicted over a drug-smuggling plot by a group that became known as the ":Bali
9".
"Let's not do this dreadful, final, irrevocable thing any time soon," he said.
The opposition leader, Bill Shorten, said the death penalty "demeans us all as
human beings".
"I feel incredibly for these 2 young men and their families and what they're
going through," Shorten said. "Let's focus on everything that we can do to help
try and save these 2 men's lives. I'm not going to get into the blame game in
the event that the executions occur."
A petition organised by the Mercy Campaign has attracted more than 178,900
signatures, including about 161,400 from Australia. It says Chan and Sukumaran
"deserve to be in jail but not to be killed", citing the pair's rehabilitation
and the example they have shown to other prisoners.
The justice minister, Michael Keenan, declined to comment on the Australian
Federal Police's role in tipping off Indonesian authorities about the Bali 9
plot despite the potential that citizens would be exposed to charges carrying
the death penalty.
Keenan said commentary on the issue was "probably not helpful" at a time when
efforts were focused on stopping the executions from occurring.
"I'm not keen to engage in a conversation about this at the moment," he told
Sky News.
In the past few days the Australian government has emphasised its argument that
Indonesia appeals to other countries for clemency when its citizens are facing
the death penalty abroad, and therefore should be responsive to Australia's
similar requests.
Bishop said she understood Indonesia's tough line on drug trafficking "but my
point is that no good purpose will be served by executing 2 Australian citizens
who have been rehabilitated and who are repaying their debt to society".
The foreign affairs minister told the ABC she had considered travelling to
Jakarta to plead the men's case but had heeded advice from consular officials
that such a trip at this time "could potentially be counterproductive and could
precipitate an unfavourable outcome".
Abbott said in January that he did not want to jeopardise the relationship with
Indonesia, but warned on Sunday that if the executions proceeded Australia
would "certainly find ways to make our displeasure felt".
(source: The Guardian)
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