Death Row Inmates: Andrew Chan & Myuran Sukumaran

Death Row Inmates:

Andrew Chan

&

Myuran Sukumaran

The inspiration for this blog was the airing of last night Four Corners program about Andrew Chan and Myuran Sukumaran, two Australian young men who had been convicted with 7 others of trying to smuggle a total of some 8 kilograms of heroin from Bali Indonesia to Australia some ten years ago.  Whilst the four others received hefty sentences that will see them spend the prime years of their lives behind bars, the purported leaders of the group, Andrew Chan and Myuran Sukumaran, each received the death penalty by firing squad.  All avenues of legal appeal under Indonesia's legal system having being exhausted. An appeal to Indonesia's newly elected President, Joko Widodo, to spare the lives of these two contrite and reformed young men had been flatly refused.  Several rushed applications for judicial review of various legal procedures and decisions had been refused by the Attorney General thus paving the way for a black hood to be placed on the head Andrew Chan and on the head of Myuran Sukumaran and for them to be marched, possibly with others to a field where the firing squad would take aim and shoot them in cold blooded execution.  

According to official Indonesian report both Andrew Chan and Myuran Sukumaran will be executed with the next patch of executions that will take place before the end of February.  

In other words both of these young men have less than 18 days left to live.

Chan & Sukumaran today

Last legal Plea

What is clear to me from last night Four Corners program is the fact that the legal defence team of both Andrew Chan and Myuran Sukumaran may have overlooked one crucial, and to me, primary critical fact. This fact relates to the role of Australian Federal Police in the arrest.  

It appears that on the evidence Indonesian police were tipped by Australian Federal Police.  In other words there is in existence either a Formal Treaty, or a Memorandum of Understanding, or a Co-operation Agreement between Australian Law Enforcement Agencies and their Indonesian Counterpart.  

Whatever that document might be it surely must spell out either directly or indirectly in ‘diplomatic niceties’ a diplomatic solution to that currently faced in the case of Andrew Chan and Myuran Sukumaran.

Even if the diplomatic documentation does not spell out or provide avenue for a diplomatic solution, that solution arises from the implication that unlike Indonesia, Australia does not have the death penalty on its criminal law code either Commonwealth or State.  

The clear implication to be drawn from this fact is that by tipping Indonesian Police about these lost  young men, dubbed the Bali 9, Australian Federal Police did not sanction their execution.  This must be so given the fact the drugs they were carrying were destined for the Australian market NOT the Indonesian market.  Whilst I cannot claim any familiarity with the legal argument pursued by the Australian and Indonesian legal team on behalf of Andrew Chan, Myuran Sukumaran, and the others, I will certainly be interested to familiarize myself how such arguments – drugs destined for Australia and no death penalty under Australian Law – are dealt with, and presumably dismissed under Indonesia legal system. 

Is it the case that the Indonesian judiciary explicitly or implicitly conveying the message that the Australian Federal Police gave its Indonesian counterpart the lives of two, and possibly 9 lost Australian young men? I find that hard to fathom!             

Joko Widodo or Susilo Bambang Yudhoyono?

As previously mentioned the arrest, charge and conviction, of the Australian drug mules at Bali took place some ten years ago.  The incumbent Indonesian President was Susilo Bambang Yudhoyono NOT Joko Widodo who was officially inaugurated as President on 20 October 2014.  Whilst we do not know and are not privy as to whether in rejecting a plea to spare the lives of Andrew Chan and Myuran Sukumaran President Joko Widodo consulted with his predecessor, President Susilo Bambang Yudhoyono, the question arises whether the final decision is that of President Widodo or Yudhoyono.  

On any view it would be of some comfort to know President Widodo's reason for rejecting the plea:  Toughness on drugs, or popularity with the masses are not, in my opinion, justification to reject the plea. This is made more so given the fact that the Indonesian Law Enforcement Agencies and the Indonesian media have in recent days highlighted a poorly conducted Australian radio survey showing that a slight majority of Australian agree with the death sentence to be dished out to Andrew Chan and Myuran Sukumaran.  This poorly conducted and unrepresentative survey should not by any mean or stretch of imagination be any comfort to any Indonesian citizen or government official as some sort of justification to put these two young men to death by the firing squad.  

The fact is that Indonesian Law Enforcement Authorities were tipped by the Australian Federal Police to arrest these drug mules.  The fact is that the drugs that they were carrying when they passed through Bali were destined to the Australian market. The fact is that the death penalty is not on Australia’s Criminal Law.  The fact is that these men admitted their guilt and on all evidence had been reformed and are begging for mercy MUST be the overriding factors in any decision.

Finally, one must remember that there are numerous International Conventions and Treaties, to some of which Indonesia is a signatory that deals compassionately with situations in which Andrew Chan and Myuran Sukumaran find themselves.  Finally, the plea of the parents and brothers and sisters of both men must surely carry some weight, if not to spare their lives, at least to afford the opportunity of a final comprehensive case and submission that takes into consideration amongst other things facts mentioned in this blog to be made on their behalf.

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