By Max Bartels 

Impunity Watch Reporter, Oceania 

 

Jakarta, Indonesia

Australian citizens Andrew Chan and Myruran Sukumaran were executed Wednesday in Indonesia by firing squad. Both men were convicted in Indonesian courts and sentenced to death for their membership in the Bali Nine, a drug smuggling group. The executions took place despite strong protests from the Australian government and others in the international community.

In response to the executions Australian Prime Minister Tony Abbott recalled the Australian ambassador to Indonesia. Abbott protested the executions saying that they were unnecessary because both men had been rehabilitated after 10 years in Indonesian prison. Abbott went on to say that these executions mark a dark time in Indonesian- Australian relations but he also stated that the relationship between the two countries would be restored.

The Australian Foreign Minister, Julie Bishop protested saying that the executions were against international law. Australia requested that the case be submitted to the International Court of Justice for arbitration however, Indonesia never responded to the Australian appeals. According to the International Covenant on Civil and Political Rights, signed by Indonesia, the death penalty can only be imposed for the most serious crimes. Australia argues that drug trafficking does not rise to the level of a serious crime warranting the death penalty.

The Australian federal government claims that they are now taking the death penalty into account before they tip off foreign agencies to suspected Australian drug smugglers operating abroad. Justice Minister Michael Keenan insists that there are strict guidelines in place that Australian law enforcement officials have to consider the dangers of Australian citizens facing execution abroad.

Indonesian President Joko Widodo claims that the execution of the Australian citizens was not a political issue. He stated to reporters that it was an issue of Indonesian legal sovereignty and that Indonesian sovereignty must be respected. The President has imposed the death penalty in drug smuggling cases because of the significant toll drugs are taking on Indonesian society.

Five other foreign nationals were executed in Indonesia on drug smuggling convictions along with the two Australians. Among them were four Nigerian nationals and one Brazilian National. A second Brazilian is scheduled for execution this year and the Brazilian ambassador to Indonesia has also been recalled to Brazil for consultations. A Filipino women was also scheduled to be executed with the others but was spared a the last minute, no reason has been given by Indonesian authorities but it is suspected that there have been developments in her case.

For more information, please see: 

CNN — Australia Recalls Ambassador After Indonesia Executes Prisoners — 29 April, 2015 

The Sydney Morning Herald — Chan and Sukumaran Execution ‘Illegal’, but Indonesia Ignores Australia Again — 2 May, 2015

news.com.au — Bali Nine: Indonesia Says Executions of Andrew Chan, Myuran Sukumaran were ‘Perfect’ — 1 May, 2015

Yahoo News — Bodies of Australians Executed in Indonesia Arrive Home: Reports — 1 May, 2015

 

By Max Bartels

Impunity Watch Reporter, Oceania 

 

Jakarta, Indonesia

The Indonesian government has postponed the executions of 10 prisoners convicted of drug smuggling charges. The government has postponed the executions to deal with the appeals of several of those scheduled to be executed; the government claims the appeals could take months to work through. The Indonesian government has been under significant pressure by the international community to halt its practice of executing those who are convicted of drug smuggling charges. The President of Indonesia declared narcotics a “national emergency” and imposed a death penalty in Indonesia, which hasn’t been used since 2013 in any criminal case.

In January Indonesia executed five foreign citizens who were convicted of drug smuggling charges in Indonesia. Since then, two Australian citizens have been sentenced to death for smuggling heroin as part of the “Bali Nine” drug smuggling organization. The two Australians, named Andrew Chan and Myuran Sukumaran argue that they are reformed and have expressed remorse for the crime as well as argue they have been model prisoners.

Both men appealed to the President for clemency to halt their executions. The President rejected their appeals and the executions were scheduled to continue as planned. Government officials claim that there are no avenues under Indonesian law to appeal the Presidents decision on a clemency appeal. However, the defense attorneys claims that the President did not actually read the case files of the two men before he rejected their appeals. The lawyers for Chan and Sukumaran have until March 25^th to prepare their argument and submit evidence to challenge the president’s rejection of their earlier clemency appeal, with March 30^th being the day the defense is scheduled to present their case.

In addition to the two Australian citizens there are several other foreign prisoners who have been sentenced to death that are attempting to appeal their sentences and convictions. Two Nigerian prisoners are also appealing the President’s clemency rejection, as well as a French citizen and Ghanaian citizen who are asking the Indonesian Supreme Court to review their convictions. Indonesian officials have expressed concerns over the timing of the executions. If all the executions are not carried out simultaneously it would create further problems for the government, the executions must now wait until the appeals of all the convicts are resolved before any of the executions can move forward.

For more information, please see: 

The NY Times — Indonesia Postpones Drug- Case Executions Amid Legal Challenges — 19 March, 2015

ABC News — Indonesia Defers Execution of 10 Drug Traffickers — 18 March, 2015

International Business Times — Bali Nine Executions: Indonesian Court Postpones Clemency Appeal Hearing for 2 Australian Convicts — 19 March, 2015 

The NY Times — Indonesia: Executions are Delayed — 18 March, 2015

By Max Bartels 

Impunity Watch Reporter, Oceania 

 

Jakarta, Indonesia

Two Australian nationals are scheduled for execution in the coming days. Myuran Sukumaran and Andrew Chan are both members of the “Bali Nine” drug smuggling gang. Chan is thought to be the ringleader of the gang and authorities arrested him for attempting to have four others smuggle 8 Kilograms of heroin onto a flight out of Indonesia. Chan was arrested attempting to board a flight to Sydney, he did to have any drugs on him but he was later named as the mastermind of the plot. Sukumaran was also linked to the heroin plot and was later arrested at a hotel in Indonesia. Both men were convicted and sentenced to death, Indonesia has imposed the death sentence in drug offense in light of the serious toll drugs and drug violence is taking on the country. In December six convicted drug smugglers were executed by firing squad including a Brazilian and a Dutch national.

The Australian government has reached out to Indonesian President Widodo in an attempt to halt the execution. There have been pleas from both Prime Minister Abbott and Foreign Minister Bishop but President Widodo has refused to give clemency for drug cases. In an eleventh hour attempt to halt the execution the Australian government offered Indonesia a prisoner swap but the Indonesians have reported that no such swap will occur. A spokesperson for the Indonesian government stated that Indonesia does not have any laws or legislation that allow for any kind of prisoner swap.

Australian government officials and politicians attended a candle light vigil early Thursday morning in honor of the two men. Foreign Minister Bishop addressed the gathering stating that she had reminded the Indonesia government that legal avenues remained open and appealed for mercy on behalf of the two men’s families. Prime Minister Abbott stated that Australians are sick in their guts over the execution of these two men. He further stated that Australians abhor drug crime but also abhor the death penalty and while these two prisoners deserved punishment they do not deserve to be executed.

The Australian government has also argued that the two men have been rehabilitated in prison. Both prisoners have been in Indonesian prison for the past decade and over this time they claim to be reformed. Sukumaran studies fine arts and has set up a class for his fellow inmates. While Chan has been using his spirituality to counsel other inmates and help them deal with drug addiction. Regardless of the claims the Australian government makes, the Indonesia government has shown no intention of halting the impending executions and if they do not then both prisoners will face a firing squad in the very near future.

For more information, please see: 

CNN — Australian Prisoners Just Days Away From Execution by Indonesian Firing Squad — 4 March, 2015

CNN — Indonesia Dismisses Eleventh Hour Attempt to Save Bali 9 Smugglers — 5 March, 2015

Reuters — Australia Seeks Indonesia Prisoner Swap as Execution Looms — 4 March, 2015

Reuters — Indonesia Rejects Australian Proposal of Prisoner Swap for Death Row Pair — 5 March, 2015

By Max Bartels 

Impunity Watch Reporter, Oceania 

 

Jakarta, Indonesia

Indonesia is in the process of performing more executions of convicted drug smugglers, many of who are foreign nationals. Indonesia has recently clamped down on the drug smuggling trade and resolved to pass more strict sentences. Two Australian citizens have been convicted by the Indonesian courts and sentenced to death. Both Andrew Chan and Myuran Sukumaran are being held on death row on the Indonesian island of Bali. They are member of the “Bali Nine” and were attempting to smuggle heroin from Indonesia into Australia.

The Australian Government has been pleading with the Indonesian government and the President Joko Widodo. Over 100 Australian federal politicians have written to the Indonesian Ambassador pleading for the lives of both prisoners. The letters ask that the sentences for both convicts be commuted to appropriate sentences so that they can be deported back to Australia. The politicians letters all make clear that they understand the terrible impact the drug trade has on Indonesian society but asks them to consider rehabilitation and to think of prisoners suffering and their families suffering. The letters also mention that the tip that led to both the arrests was given by the Australian Federal Police and that the harm of the crime was intended for Australia and not on Indonesia.

Andrew Chan’s mother traveled to Bali to visit her son on death row. She made statements to the press pleading  clemency for her son’s life in the hope that President Widodo would hear her plea. Both Ms. Chan and Myuran Sukumaran’s mother,  traveled to Jakarta to meet with Indonesia’s Human Rights Commission to get support against the death penalty. Ms. Sukumaran pleaded that her son is not the same man who committed the crime 10 years ago and pointed out the differences from other capital cases that Indonesia has executed recently, including that the drugs were meant to be smuggled into Australia.

Indonesia has now informed Australia that the executions will be delayed. Indonesia’s Justice and Human Rights Minister cited the current political situation as well as conflict between corruption investigators and the National Police as the reason for the delay. The National Police is known to be the most corrupt government agency in Indonesia. It remains to be seen if the Indonesian government will carry out the executions but they have recently executed foreign nationals convicted of drug smuggling charges without regard to pleas from foreign states or families.

For more information, please see: 

The Guardian — Bali Nine: Australian Politicians Plead for Indonesia to Spare Condemned Pair — 10 February 2015

The Sydney Morning Herald — Suspected Bali Nine Mastermind Living in Luxury as Andrew Chan and Myrun Sukumaran Sit on Death Row — 10 February 2015

ABC News — Bali Nine: Confusion in Indonesia Government Over Whether Executions of Andrew Chan and Myuran Sukumaran Will be Delayed — 10 February 2015 

ABC News — Bali Nine: Andrew Chan’s Mother Helen Makes Impassioned Plea for Her Son’s Life — 9 February 2015