Post-script to the state-sanctioned murder of Chan & Sukumaran

Post-script to the state-sanctioned murder of Chan & Sukumaran

Around 12.35am on 29 April 2015, an Indonesian firing squad executed Andrew Chan, Myuran Sukumaran, Rodrigo Gularte, Martin Anderson, Raheem Agbaje Salami, Sylvester Obiekwe Nwolise, Okwudili Oyatanze, and Zainal Abidin bin Mgs Mahmud Badarudin.

The eight men refused blindfolds and sang Amazing Grace as they were tied to posts and shot dead⁽¹⁾.

It was a terrible postscript to each of their lives.

President Widodo and the members of the firing squad have blood on their hands. They have murdered eight men.

Myuran Sukumaran's last painting: the Indonesian flag dripping with blood

The only good news to come from that terrible evening was the last minute reprieve given to Mary Jane Veloso, the Filipina maid who was to be executed with the eight men. Her reprieve came in the form of two human traffickers who handed themselves into Philippines police stating that they were the ones who'd planted the drugs in Veloso's suitcase five years earlier⁽²⁾.

Indonesia came dangerously close to executing an innocent woman. How many other innocent people have been executed?

The two human traffickers showed greater integrity than President Widodo, who could have granted clemency at any time but failed to.

For Chan and Sukumaran, the executions ended 10 years of a nightmare that began on 17 April 2005, when they were arrested in Bali. They were part of a group of nine people, the Bali Nine, who were convicted of attempting to smuggle 8.3kg of heroin from Indonesia to Australia. Found guilty of being the ringleaders of the group, Chan and Sukumaran were sentenced to death. The others received life sentences, although three of them were successful in having their sentences reduced to 20 years.

During the 10 years they spent in prison, Chan and Sukumaran were rehabilitated and helped other prisoners. Chan converted to Christianity and became an ordained Minister, leading church services and bible studies in prison. Sukumaran also converted to Christianity and studied art by correspondence through Australia's Curtin University. In February 2015 was awarded an Associate Degree in Fine Arts from Curtin University.

There are a number of questions around the executions of Chan and Sukumaran. At the time of their killings, both had a constitutional appeal to be heard on 12 May 2015 regarding the lack of individual consideration given to their clemency pleas by President Widodo.

In addition to this, there's the allegation that judges in their trial had threatened to sentence them to death unless they paid $130,000 in bribes⁽³⁾. Although this has been investigated, the findings haven't been released to date. If true, it would have revealed judicial corruption and surely would have been grounds for an appeal against the death sentence⁽⁴⁾. Two of the judges who ruled on Chan and Sukumaran's death penalty were sacked for corruption. One month after sentencing the duo to death, the panel of judges commuted a death sentence to 15 years because it breached the constitutional right to life for a man found with nearly four times the amount of drugs that Chan and Sukumaran were⁽⁵⁾.

And then there are the questions over the Australian Federal Police involvement. They were tipped off by the concerned father of Scott Rush, who hoped they'd stop his son leaving Australia. Instead, the illustrious AFP tipped off Indonesia⁽⁶⁾. The AFP could have arrested the Bali 9 in Australia and possibly been led to the king pin who organised it. Instead, they are complicit in the executions of Chan and Sukumaran.

The Brazilian prisoner, Rodrigo Gularte, was mentally ill. Under Indonesian law, a mentally ill prisoner should not be executed. According to Father Charlie Burrows, Gularte didn't realise he was being executed until the chains were put on him shortly before being taken out and shot⁽⁷⁾.

Australian Prime Minister Tony Abbott and Foreign Minister, Julie Bishop both made representations and pleas to Widodo and other government ministers, to no avail. However, given Australia's contempt for Indonesia over turn backs of asylum seekers and bugging of presidential telephones, it's no wonder Widodo ignored Australia's pleas.

Bishop received advice that the executions were illegal under international law⁽⁸⁾. However, given that Australia's treatment of asylum seekers breaches international law on torture⁽⁹⁾ and the refugee convention⁽¹⁰⁾, Abbott and Bishop had no moral vantage on which to play.

Widodo's insistence on the executions was political. Motivated by wanting to look tough. on drugs. Not unlike his Australian contemporary, Tony Abbott, who wants to look tough on asylum seekers. The timing of the executions has a question mark over it as well. It just so happens that former President Susilo Bambang Yudyhono (SBY) was to speak in Perth four days later. SBY cancelled the speaking engagement because the 'political, social and security situation was "not conducive" for his visit'⁽¹¹⁾.

Widodo claims that Indonesia has sent a strong message to drug smugglers⁽¹²⁾. Shooting them is certainly a strong message, but has it made a difference? Indonesia's drug crisis has not relented even with the threat of capital punishment. Clearly the crisis isn't being driven by drug smugglers. Widodo regularly quotes that 50 people a day die because of drugs. These figures have been challenged⁽¹³⁾, which suggest that a tough on drugs policy is being used purely for political popularity rather than a genuine commitment to combating drug use. Lex Lasry, a Victorian Supreme Court judge states that the death penalty does not deter crime. A number of studies have been unable to find evidence that the death penalty either deters or fails to deter crime⁽¹⁴⁾.

A number of critics of Chan and Sukumaran said it was time to stop defending drug smugglers because the drugs could have killed Australians; that Chan and Sukumaran got what they deserved. Maybe it's time to stop defending drug users. No-one forces people to use drugs. If there was no demand there would be no supply. No-one deserves to die for supplying drugs; a custodial sentence is more than adequate.

Supporters aren't defending Chan and Sukumaran's crime, but who the men became.

Supporters aren't defending drug smuggling, but opposing execution.

Many critics have argued that Chan and Sukumaran knew the laws and that Indonesia has a right to uphold it's own laws. When sovereign laws breach international law, surely they can't be upheld. Surely, it is the duty of the world to seek these inhumane laws be overthrown.

Others have argued focus on these executions diverts attention from bigger issues such as the Nepal earthquake, Indonesia's genocide in West Papua, Israel's ongoing ethnic cleansing of Palestine and of course, the ISIS crisis, among others. However, we can't sit on our hands waiting for one issue to be fixed before addressing another. The death penalty is a worldwide problem with dozens of countries still using it.

On the day before Indonesia executed the eight drug smugglers, Pakistan hanged its 100th prisoner since a moratorium on executions was lifted in December 2014⁽¹⁵⁾.

The death penalty will only be abolished by public pressure and awareness campaigns. The focus on Chan and Sukumaran as well as the other six prisoners, received global coverage. International media reported on the sentences for years and gave extensive coverage to the executions. While these killings were only a small number compared to the number of those executed globally, the attention they received helped to elevate the issue of capital punishment. Hopefully, this attention can be used to increase the pressure on all countries to abolish the death penalty.

On the day of their executions, the Australian Catholic University announced two scholarships open to Indonesian students⁽¹⁶⁾. Applicants are required to submit an essay on the sanctity of human life. In a small way, ACU is hoping this will help further the cause to abolish the death penalty in Indonesia.

The death penalty must go. It is ineffective. It is barbaric. It is state-sanctioned murder.

References

1. SBS, 'They were singing: Priest describes dignified death of Chan, Sukumaran', 30 April 2015, http://www.sbs.com.au/news/article/2015/04/30/they-were-singing-priest-describes-dignified-death-chan-sukumaran. Accessed 2 May 2015.

2. Washington Post, Lindsay Bever, 'How a Filipino maid skirted death moments before facing an Indonesian firing squad', 29 April 2015, http://www.washingtonpost.com/news/morning-mix/wp/2015/04/29/how-a-filipino-maid-skirted-death-moments-before-facing-indonesian-firing-squad. Accessed 2 May 2015.

3. Sydney Morning Herald, Tom Allard, ''They wanted $130,000 ... and then more': explosive Bali nine bribe allegations', 27 April 2015, http://www.smh.com.au/world/they-wanted-130000--and-then-more-explosive-bali-nine-bribe-allegations-20150426-1mtwc1.html. Accessed 2 May 2015.

4. Sydney Morning Herald, Tom Allard, 'Bali nine executions: investigation into bribery allegations completed by judicial commission', 28 April 2015, http://www.smh.com.au/world/bali-nine-executions-investigation-into-bribery-allegations-completed-by-judicial-commission-20150428-1mv3sq.html. Accessed 2 May 2015.

5. Sydney Morning Herald, Michael Bachelard, Nick McKenzie, 'Two Bali nine judges sacked for corruption, manipulation', 12 February, 2015, http://www.smh.com.au/world/two-bali-nine-judges-sacked-for-corruption-manipulation-20150212-13btyd.html. Accessed 2 May 2015.

6. The Guardian, Daniel Hurst, 'Bali Nine: fresh calls for review of federal police actions that led to executions', 29 April 2015, http://www.theguardian.com/world/2015/apr/29/bali-nine-fresh-calls-for-review-of-federal-police-actions-that-led-to-executions. Accessed 2 May 2015.

7. Daily Mail, Sarah Michael and Candace Sutton, ''Am I being executed? That's not right': Confused last words of schizophrenic Brazilian drug trafficker shot alongside Bali Nine duo... who 'heard voices' and had no idea he was being killed until the last moment, 30 April 2015, http://www.dailymail.co.uk/news/article-3061878/Am-executed-heartbreaking-final-question-Brazilian-drug-trafficker-shot-alongside-Bali-Nine-duo-paranoid-schizophrenic-didn-t-realise-killed-moments.html. Accessed 2 May 2015.

8. Sydney Morning Herald, Michael Bachelard, 'Chan and Sukumaran execution 'illegal', but Indonesia ignores Australia again', 2 May 2015, http://www.smh.com.au/federal-politics/political-news/chan-and-sukumaran-execution-illegal-but-indonesia-ignores-australia-again-20150501-1my3z4.html. Accessed 2 May 2015.

9. Human Rights Law Centre, 'UN finds Australia’s treatment of asylum seekers violates the Convention Against Torture', 9 March 2015, http://hrlc.org.au/un-finds-australias-treatment-of-asylum-seekers-violates-the-convention-against-torture/. Accessed 2 May 2015.

10. ABC, FactCheck - 'Children in detention: Is Australia breaching international law?', 8 April 2014, http://www.abc.net.au/news/2014-03-31/children-in-detention-is-australia-breaching-international-law/5344022. Accessed 2 May 2015.

11. ABC Radion National, AM, Michael Brissenden, 'Calls for coordinated approach to end death penalty in Indonesia', 30 April 2015, http://www.abc.net.au/am/content/2015/s4226427.htm. Accessed 2 May 2015.

12. Al Jazeera, 'Joko Widodo: 'A strong message to drug smugglers'', 7 March 2015, http://www.aljazeera.com/programmes/talktojazeera/2015/03/joko-widodo-strong-message-drug-smugglers-150305131413414.html. Accessed 2 May 2015.

13. The Conversation, Claudia Stoicescu, Indonesia uses faulty stats on ‘drug crisis’ to justify death penalty, 5 February 2015, http://theconversation.com/indonesia-uses-faulty-stats-on-drug-crisis-to-justify-death-penalty-36512. Accessed 2 May 2015.

14. ABC, FactCheck - 'No proof the death penalty prevents crime', 2 March 2015, http://www.abc.net.au/news/2015-02-26/fact-check3a-does-the-death-penalty-deter3f/6116030. Accessed 2 May 2015.

15. Dawn, 'Pakistan hangs 100th convict, Amnesty slams 'shameful milestone'', 28 April 2015, http://www.dawn.com/news/1178715/pakistan-hangs-100th-convict-amnesty-slams-shameful-milestone. Accessed 2 May 2015.

16. Australian Catholic University, 'New international scholarships', 29 April 2015, https://www.acu.edu.au/connect_with_acu/newsroom/news/media_releases/repository/chan_and_sukumaran_commemorated. Accessed 2 May 2015.

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• State-sanctioned murder of Chan & Sukumaran - published 12 February 2015

State-sanctioned murder of Chan & Sukumaran

The state-sanctioned murder of Andrew Chan & Myuran Sukumaran

Indonesia inches closer to its promise to execute Australian drug traffickers, Andrew Chan and Myuran Sukumaran despite their appeals, pleas for clemency, requests from the Australian government and numerous human rights groups.

Indonesia has been practicing the death penalty since 1973 and reserves it for murder, terrorism, drug trafficking and genocide. It is enforced through firing squad, in which the accused criminal is blind-folded and stands or kneels before a squad of 12 armed executioners. Three of the 12 use live bullets, the other nine fire blanks. The practice is cruel and barbaric. Prisoners don't always die immediately. If they survive, the Commander issues another bullet and the prisoner is shot in the head. The prisoner and their family are given 72 hours notice of the impending execution.

The government believes it is sending a strong message and a deterrent to would be criminals. Without doubt, there would be some who would think twice about trafficking in Indonesia, yet the country has one of the highest rates of drug abuse in Asia and claims 50 people a day die from drug abuse. Clearly, the death penalty is not the deterrent the Indonesian government believes it is.

Victorian Supreme Court judge, Justice Lex Lasry told ABC's 7.30 Report on 11 February 2015, 'I don't believe there are any circumstances at all in which governments should take men or women out and kill them. We must be surely getting past the point where governments regard killing as a legitimate punishment. There are all sorts of other punishments - life imprisonment and so on - but the idea that a government would take individuals out into the bush, as they would here, and shoot them is just something that I can never live with and never understand, and apart from anything else, from a legal point of view, no-one really claims now that it has any real deterrent value. It's just a terrible thing to do'. ⁽¹⁾

The legality of the death penalty was challenged in 2007 but the Indonesian Constitutional Court declared it was constitutional.

The current round of state-sanctioned murders is purely political. President Joko Widodo was only elected in October 2014 in a close fought election. It had been two years since an execution, but almost immediately after the election, Widodo proceeded with executions of prisoners on death row. Six faced the firing squad in January 2015; all had been convicted of drug crimes. Former Labor Foreign Minister, Gareth Evans summed it perfectly when he said that Widodo was 'trying to demonstrate his cajones, his testosterone'. ⁽²⁾

The President is adamant that Chan and Sukumaran will be executed in February 2015 despite their pleas, despite their rehabilitation. Both men have contributed immensely to the well-being, education and rehabilitation of other inmates. Sukumaran studied art under the mentorship of Melbourne artist, Ben Quilty. He continues painting and has even sold some of his paintings to raise money for other inmates, such as Maria Cecilia Lopez who needed $4,000 for an operation on a tumour. Both Chan and Sukumaran have been actively involved in drug rehabilitation programs in prison, providing assistance, guidance and inspiration to other prisoners. Chan has become a Christian pastor and leads church services.

The Australian Federal Police are complicit in the deaths of Chan and Sukumaran. They were aware of the 2006 drug trafficking operation and could have arrested Chan, Sukumaran and the other members of the 'Bali 9' before they even left Australia. The AFP was well aware of the fate that awaited traffickers in Indonesia, yet they chose to let the nine travel to Bali for the operation before informing Indonesian authorities. The AFP has blood on its hands.

Some have argued that the men deserve to die because the drugs could have killed innocent people in Australia. A shallow argument. People aren't forced to use drugs. They use them because they choose them. No-one would have stopped using drugs because of the failed Bali 9 operation. Drug users, and their parents, need to take responsibility for their own actions and not blame others. The drug industry faces the same economic laws as every other industry. Namely, supply and demand. If the demand isn't there, there won't be supply. Contrary to what some believe, dealers are not nefariously aiming to increase supply by 'getting others hooked'. People choose to use drugs. Killing their traffickers does not stop or change this.

More importantly, killing the mules doesn't change this. The drug lords aren't the ones getting caught. They continue living in luxury looking for other mules to take the risk. This includes the man suspected of being the drug lord that Chan and Sukumaran were mules for. If reports are to be believed, he is living in luxury in Sydney ⁽³⁾. As we often see when it comes to the law, it's the ordinary person who pays the price while the wealthy get away scot-free.

Facing a firing squad is a high price to pay for politicians wanting popularity, to demonstrate their 'cajones', for a failed policy and for a stupid mistake the men made and admit to. They haven't denied trafficking and don't deny they should be punished. Life in prison would be preferable to death. It would also be more productive. They have touched the lives of many in prison and would have positive influence on many others over the coming years.

And it's not just about Chan and Sukumaran. No-one, regardless of the crime, should be executed. The death penalty is state-sanctioned murder, whether it's in Indonesia, the United States or any other country.

References

1. ABC, 7.30 Report, Leigh Sales, 11 February 2015, Supreme Court judge Lex Lasry calls for clemency for Bali 9 duo, http://www.abc.net.au/7.30/content/2015/s4178320.htm. Accessed 12 February 2015.

2. Brisbane Times, Deborah Snow, 11 February 2015, 'Bob Carr calls on AFP to explain themselves over Bali Nine'. http://www.brisbanetimes.com.au/federal-politics/political-news/bob-carr-calls-on-afp-to-explain-themselves-over-bali-nine-20150211-13c3ax.html. Accessed 12 February 2015.

3. Sydney Morning Herald, Nick Mckenzie, Richard Baker, Michael Bachelard, 11 February 2015, 'Suspected Bali Nine mastermind living in luxury as Andrew Chan and Myuran Sukumaran sit on death row', http://www.smh.com.au/national/suspected-bali-nine-mastermind-living-in-luxury-as-andrew-chan-and-myuran-sukumaran-sit-on-death-row-20150211-13aypt.html. Accessed 12 February 2015.

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• Post-script to the state-sanctioned murder of Chan and Sukumaran - published 3 May 2015

Australia v Indonesia - Ego over economics

Give aid, reward with trade.

And the stand-off with Indonesia continues following the revelation that Australia had tapped the phones of Indonesian President Susilo Bambang Yudhoyono, his wife, Ibu Ani Yudhoyono, and a number of other Indonesian officials in 2009.

Australia claims this was in response to the deaths of a number of Australians from terrorist attacks in Indonesia.  Australia and Indonesia already cooperate with each other in combating terrorism, so it is doubtful that bugging the phones of the President and his wife, would have been of benefit.

Understandably, President Yudhoyono is outraged, as is the rest of Indonesia, and has called for a formal response and an apology from Australia. Prime Minister, Tony Abbott, is refusing to apologise and has yet to formally respond to President Yudhoyono.

Whether Abbott should apologise or not is debatable. As has been pointed out numerous times, most countries spy on each other. However, Abbott should at least call Yudhoyono and discuss the matter. This is the basis of international diplomacy.

As a result of this insult, Indonesia has suspended military and people smuggling cooperation with Australia, placing additional pressure on Abbott's hyperbolic and hysterical 'Stop the boats' campaign. Cooperation with Indonesia is essential to the success of any policy regarding asylum seekers.

In opposition, Abbott often ran from the difficult questions. There is the embarrassing footage of Abbott being lost for words when confronted by a journalist over his comment, 'Shit happens' regarding the death of a soldier in Afghanistan. (http://www.youtube.com/watch?v=9wT9XS_TvzQ).

Now that Abbott occupies the highest office in the country, he is still running from difficult discussions. In relation to the spying allegations, he has hidden behind Parliament in order to make a few casual statements.

In the meantime, Indonesian anger against Australia grows while Abbott keeps his head firmly planted in the sand, hoping it will blow over.

Conversely, in Australia, there are those who agree with Abbott and angrily claim that we should cancel aid to Indonesia, as though Indonesia needs Australia more than the other way around.

It may be prudent to consider who needs who.

Remember, the crisis that Australia's farmers faced when former Prime Minister Julia Gillard banned live exports to Indonesia? The ban crippled Australia's cattle farmers.

Australia is the largest source of international aid to Indonesia, and will provide an estimated $683 million during 2013/14. In 2012/13, Australia provided approximately $541.6 million in aid. Certainly not small potatoes.

However, mutual trade between Australia and Indonesia accounted for $11.1 billion in 2012. Indonesia is Australia's 12th largest trading partner. Of this, Australian exports accounted for approximately $4.8 billion and Australian imports for 6.3 billion, according to Department of Foreign Affairs and Trade (http://www.dfat.gov.au/geo/fs/indo.pdf).

Indonesia is the fourth most populous nation in the world. Its economy is growing rapidly, with real GDP growth of 6.3% in 2013. It is one of Australia's most important economic trading partners, and has huge potential for increased growth. Particularly, as Australia's aid money is used to raise the economic standards of Indonesia. Aid = better economy = increased trade = better economy etc. It's not rocket science.

Australia benefits significantly from the relationship with Indonesia. It does no good for Abbott to preference ego over economics and diplomacy.

After winning the 2013 election Prime Minister Abbott claimed that the 'adults are back in charge' of the government.  Well, it's time for Prime Minister Abbott to pull on his big-boy pants, phone or visit President Yudhoyono and resolve this issue as soon as possible.