2015/08: The Bali duo: should Indonesia execute foreign nationals con... file:///C:/dpfinal/schools/doca2015/2015bali9/2015bali9.php 2015/08: The Bali duo: should Indonesia execute foreign nationals convicted of drug smuggling? What they said... 'Jokowi is seen as pursuing populism to strengthen his position with the legislature' Barry Jones, Professorial Fellow at University of Melbourne 'There's no forgiveness for drug dealers' President Joko Widodo The issue at a glance On April 25, 2015, Andrew Chan and Myuran Sukumaran, two Australians convicted of drug trafficking in Indonesia, were told that they could be executed within 72 hours. The two were part of a group, generally known as the Bali Nine, who arrested on 17 April 2005 in Denpasar, Bali, Indonesia, for planning to smuggle 8.3 kg of heroin valued at around A$4 million (3.1 million from Indonesia to Australia. In February 2006 Chan and Sukumaran, as the group ringleaders, were sentenced to death by firing squad. Despite appeals against their sentences and an appeal to the Indonesian president, Joko Widodo, for clemency, the executions appear likely to go ahead. There have been representations made on behalf of the two men from the Australian Prime Minister, Tony Abbott, the Australian foreign minister, Julie Bishop, and many others to have the men be granted clemency. Each man is acknowledged to have made remarkable changes in his life while in prison, with one now an artist and the other a pastor. The men's impending deaths have raised major questions about the value of the death penalty and the limits of diplomacy. It has also provoked debate about the fate of foreign nationals at the hands of criminal justice systems overseas. Background The Bali Nine is the name given to a group of nine Australians arrested on 17 April 2005 in Denpasar, Bali, Indonesia, for planning to smuggle 8.3 kg (18 lb) of heroin valued at around A$4 million (3.1 million US dollars) from Indonesia to Australia. Andrew Chan, Si Yi Chen, Michael Czugaj, Renae Lawrence, Tan Duc Thanh Nguyen, Matthew Norman, Scott Rush, Martin Stephens and Myuran Sukumaran, faced the death penalty or life in prison if convicted. On 13 February 2006, Lawrence and Rush, the first of the nine to face sentencing, were sentenced to life imprisonment. The next day, Czugaj and Stephens were sentenced to life imprisonment, and the group ringleaders, Chan and Sukumaran, were sentenced to death by firing squad, the first ever death sentences imposed by the Denpasar District Court. The other three, Norman, Chen and Nguyen were all sentenced to life imprisonment on 15 February 2006. On 26 April 2006, Lawrence, Nguyen, Chen, and Norman appealed and had their sentences reduced to 20 years, while the life sentences for Czugaj and Stephens were upheld. Prosecutors launched appeals against the changes in their sentences. On 6 September 2006, it was revealed that as a result of appeals brought by prosecutors and heard by the Supreme Court, Chen had the death penalty reimposed after his reduced sentence of life imprisonment was overturned. Rush, Nguyen and Norman also had their appeal verdicts overturned and the death penalty imposed. The new death sentences were unexpected. Prosecutors, in their appeals against the 20-year terms faced by most of the nine, had only called for them to be upgraded to life imprisonment. Czugaj's life sentence, after being reduced to 20 years on appeal, was reinstated. Stephens' life sentence was upheld on appeal as were Sukumaran's and Chan's death sentences. Lawrence had not lodged a further appeal to her 20-year sentence, so her sentence was not rejudged. On 6 March 2008, it was revealed that three of the four Bali 9 (Norman, Chen and Nguyen) who were issued death sentences on appeal had their sentences reduced to life imprisonment. The reduction has not been officially announced but court sources have confirmed that the judges have decided to spare their lives. In August 2010, Rush launched his final appeal to overturn the death penalty, and was granted a judicial review, which commenced on 18 August 2010. On 10 May 2011, Rush's appeal was successful as his sentence was reduced to life imprisonment. On 21 September 2010, the leaders of the drug smuggling ring, Chan and Sukumaran appealed against their pending death-row sentence and to reduce their jail time to 20 years, instead of the previous life sentence. On 17 June 2011, it was announced that Chan's final judicial appeal was rejected on 10 May. On 7 July 2011 it was announced that Sukumaran's final judicial appeal was dismissed. On 10 December 2014, the President of Indonesia Joko Widodo stated in a speech that he will not approve any clemencies for drug offences. On 30 December, Sukumaran's plea for clemency was rejected; and Chan's plea for clemency was rejected on 22 January 2015. Both Sukumaran and Chan are currently in Kerobokan Prison awaiting the completion of their sentence via execution, having exhausted all appeal opportunities. In January 2015 Australia's prime minister, Tony Abbott, together with Australia's minister for foreign affairs, Julie Bishop, made representations to Jokowi and Indonesia's foreign minister, Retno Marsudi, for clemency in the commutation of Sukumaran and Chan's sentences. Sukumaran and Chan were expected to be executed on the Indonesian penal island of Nusa Kambangan by the end of March 2015. Together with consular officials from France, Brazil, Nigeria and the Philippines, representatives from the Australian embassy attended a foreign affairs ministry briefing on procedural matters concerning the executions. 1 of 8 28/04/2015 11:42 AM 2015/08: The Bali duo: should Indonesia execute foreign nationals con... file:///C:/dpfinal/schools/doca2015/2015bali9/2015bali9.php Internet information On March 11, 2015, The Conversation published a comment from Barry Jones, Professorial Fellow at University of Melbourne, titled 'Barry Jones: The deep bilateral hypocrisy on the death penalty' The opinion piece criticises the populist and prejudiced attitudes adopted toward capital punishment in both Australia and Indonesia. The full text can be accessed at http://theconversation.com/barry-jones-the-deep-bilateral-hypocrisy-on-the-death- penalty-38650 On March 3, 2015, The Diplomat published an opinion piece by Nithin Coca titled 'Indonesia's Death Penalty Hypocrisy' The article criticises the differential manner in which the Indonesian government views and applies the death penalty. The full text can be accessed at http://thediplomat.com/2015/03/indonesias-death-penalty-hypocrisy/ On February 26, 2015, The Conversation published an opinion piece by Bharat Malkani, Lecturer, Birmingham Law School at University of Birmingham, titled 'Indonesia is wrong: the death penalty is everyone's business' The full text of this article can be accessed at http://theconversation.com/indonesia-is-wrong-the-death-penalty- is-everyones-business-37992 On February 18, 2015, New Matilda published an opinion piece by Muhammad Zulfikar Rakhmat and Mediaa Wahyudi Askar titled 'An Indonesian Perspective: Australia Must Respect Our Penalty For Drug Trafficking' The full text can be accessed at https://newmatilda.com/2015/02/18/indonesian-perspective-australia-must-respect- our-penalty-drug-trafficking On February 18, 2015, The Age published an analysis and opinion piece titled 'Indonesia's imposition of the death penalty for drug crimes breaches its international obligations' The article argues that imposing the death penalty on drug smugglers puts Indonesia in violation of international law. The full text can be accessed at http://www.theage.com.au/comment/indonesias-imposition-of-the-death-penalty- for-drug-crimes-breaches-its-international-obligations-20150217-13gqo5.html On February 16, 2015, The Conversation published an opinion piece by Asmin Fransiska, Lecturer in Human Rights at Atma Jaya Catholic University of Indonesia, titled 'Jokowi should halt executions under Indonesia's corrupt judicial system, The full text of this article can e accessed at http://theconversation.com/jokowi-should-halt-executions-under-indonesias- corrupt-judicial-system-37463 On February 6, 2015, Perth Now published two comments titled 'Death row duo: what should we do? Tom Percy and Joe Spagnolo give both sides of the Bali Nine debate' The full text of these comments can be accessed at http://www.perthnow.com.au/news/opinion/death-row-duo- what-should-we-do-tom-percy-and-joe-spagnolo-give-both-sides-of-the-bali-nine-debate/story-fnhocuug-1227209575010 On February 5, 2015, The Conversation published an opinion piece by Claudia Stoicescu, PhD Candidate in Social Intervention at University of Oxford, titled 'Indonesia uses faulty stats on "drug crisis" to justify death penalty' The full text of this article can be accessed at http://theconversation.com/indonesia-uses-faulty-stats-on-drug-crisis- to-justify-death-penalty-36512 On January 31, 2015, The Northern Territory News published a comment by Maria Billias titled 'Do Myuran Sukumaran and Andrew Chan deserve to die, asks Maria Billias' The full text of this article can be accessed at http://www.ntnews.com.au/news/opinion/do-myuran-sukumaran- and-andrew-chan-deserve-to-die-asks-maria-billias/story-fnk0b216-1227203113411 On January 28, 2015, The Daily Mail published a report titled 'No mercy: Derryn Hinch says Bali Nine drug smugglers SHOULD be executed and slams celebrities who star in video calling for them to be spared the firing squad as "hypocrites"' The full text can be accessed at http://www.dailymail.co.uk/news/article-2928336/Derryn-Hinch-slams-celebrities-appear- video-calling-Bali-Nine-pair-spared-execution.html On January 24, 2015, The Sydney Morning Herald published an article titled 'Does the death penalty deter drug smugglers?' The report gives a detailed overview of the history of the case and gives background from Australia and Indonesia.