bali death penalty

While the ICCPR recognises the right to life as a fundamental and non-derogable right, international human rights law does not require countries that retain the death penalty to abolish it, although it severely restricts its use.7. She claimed she did not know why she was ordered to travel and her colleague Stephens claims he was also ordered with threats to travel to Bali by Chan, who showed him some photographs of his family, as they were going about their daily lives, saying that they would be killed if he did not co-operate. [3], Indonesian law does not require that arrested people be immediately charged with an offence, and by 22 April 2005 no charges had yet been laid. The reduction was not officially announced but court sources confirm that the judges decided to spare their lives. In an era where law enforcement requires international cooperation Australian commitment to the universal abolition of the death penalty should be uncompromising - not vary from case-to-case depending on the crime, citizenship and country. Indonesian police initially maintained that Chan was the "mastermind" of the importation plan. This was the very first death sentence imposed by the Denpasar District Court in Bali. [26], On 6 December 2005, Australian lawyers Robert Richter QC and Brian Walters QC called for the Commonwealth Director of Public Prosecutions to extradite the nine to Australia on heroin conspiracy-related charges. ", Keelty went on to state that "if someone went back to Lee Rush and assured him that Scott would not be able to travel then that is their call. [47], Chan and Sukumaran launched final appeals to have their death sentences reduced in August 2010. Ultimately, I believe, the most compelling argument against the death penalty is simply that we should respect the sanctity of human life. Ghale, of Nepali origin, was killed when police stormed his Jakarta home. She and Chan had made an earlier successful run with heroin from Bali to Australia during their October visit. Yet recent events - the fate of Nguyen Tuong Van and the news that members of the 'Bali nine' will face execution - confirms that even though Australia is an abolitionist country, the issue of the death penalty still concerns Australians, and, perhaps most importantly, the Australian Government. The trials were often delayed due to the defendants complaining of illness, headaches and nausea. On 26 April 2005, they failed to appear due to their imprisonment in Indonesia a week earlier on 17 April 2005. Yet in a region where many of our closest neighbours still maintain the death penalty, I believe Australia can - and should - take a stronger stand against state sanctioned execution. There is no way anyone in the AFP would have provided that assurance because there was simply no power to detain him. ... Should Australia, for example, be equally vocal in condemning the execution of non-citizens, such as the Bali bombers? They are being held for attempting to smuggle 18 pounds of heroin into Bali. [80] However, the Indonesian Attorney-General accused the lawyers of simply trying to buy time, and announced that there would be no more delays to the executions. On 10 December 2014, the President of Indonesia Joko Widodo stated in a speech that he would not approve any clemencies for drug offences. However, the gran dramatically changed her story when she was told she would receive the death penalty if she was convicted of drug trafficking. For decades the majority of … Public transportation Australian citizens Andrew Chan, Si Yi Chen, Michael Czugaj, Renae Lawrence, Tach Duc Thanh Nguyen, Matthew Norman, Scott Rush, Martin Stephens, and Myuran Sukumaran were involved in a scheme to smuggle 18 pounds of heroin to Australia. These kids were forced into this ... they should have been either arrested at the airport here or followed to get the big guys. Bali Nine - an Australian drug ring facing the death penalty for smuggling heroin into Bali. 829/1998, U.N. Doc. On 10 May 2011, Rush's appeal was successful as his sentence was reduced to life imprisonment. Death toll rises to 51 after train collides with truck in Taiwan. The Law Council of Australia has had a longstanding policy opposing the imposition or execution of the death penalty. There are many convincing arguments against the death penalty. Stephens' life sentence was upheld on appeal as were Sukumaran's and Chan's death sentences. [29], Rush further accused Chan of strapping the heroin to his body wearing rubber gloves. Use of force in George Floyd arrest 'totally unnecessary', says top homicide cop. The sentences of Chen, Czugaj, Nguyen, Norman and Stephens stand at life imprisonment and Lawrence's sentence remains at 20 years after appeal. The "Mrs Big" from Cheltenham, Gloucestershire is facing the death penalty for drugs smuggling in Indonesia. Elle s'est produite le 12 octobre 2002 à Kuta sur l'île de Bali, faisant 202 morts et 209 blessés. [2], Indonesian police believe a 22-year-old Thai woman, Cherry Likit Bannakorn, supplied Chen with the heroin. Lee was charged with drug trafficking and importation offences and appeared in the Brisbane Magistrates Court on 13 February 2006, the same day the first of the nine accused in Indonesia learned of their fate. Lawyers had seven days post-sentencing to lodge appeals. [16] http://www.roymorgan.com/news/polls/2005/3944/, [18] 'Exclusive online poll: Death Penalty, The Bulletin, 7 March 2006, The Death Penalty - a matter of principle, Copyright © Australian Human Rights Commission, Aboriginal and Torres Strait Islander Social Justice. However, in delivering his judgment, Finn J observed: [T]here is need for the Minister administering the Australian Federal Police Act 1979 (Cth) ('the AFP Act') and the Commissioner of Police to address the procedures and protocols followed by members of the Australian Federal Police ('AFP') when providing information to the police forces of another country in circumstances which predictably could result in the charging of a person with an offence that would expose that person to the risk of the death penalty in that country.15. In death penalty cases, after years of appeals and dashed hopes, there are the final, frantic, desperate days. All defendants faced a maximum penalty of death by firing squad if found guilty. Norman, Lawrence, Martin, Stephens and Chan, a supervisor with the company, all worked for Eurest, which provided hospitality services to the Sydney Cricket Ground, where the group was employed. Death penalty drives the … [96], Details of previous criminal convictions of some of the accused were not published during the trial to avoid harming legal defences in Indonesia. Rental motorcycles are targeted and stolen and the renters are left to pay the replacement cost for a new motorcycle. [104], Drug smugglers convicted in Indonesia in 2005, List of Australians imprisoned or executed abroad, "Bali Nine's Renae Lawrence to be released", "The 7 Foreigners and 1 Indonesian Executed for Drug Offenses", "Schapelle's nightmare is over, but the Bali Nine's continues", "Member of Bali Nine drug smuggling gang dies in prison", "Third key member of Bali Nine identified", "Bali nine all face firing squad: police", "Howard government leaves 'Bali nine' alleged drug runners to their fate", "Lawrence, Rush set to appeal life sentences", "Rush, Lawrence get life for drug trafficking", "Death Penalty and the Australian Federal Police", "Mick Keelty unapologetic about fate of Bali Nine", "Downer to support clemency pleas for Bali nine", "Lawyers seek charges to extradite Bali nine", "More Bali Nine arrests Profiles of the Bali Nine", "Bali nine masterminds to face firing squad", "Australian drug smugglers sentenced to death", "Julie Bishop 'disappointed' Indonesia ignored Anzac Day request over Bali nine pair", "Remaining Bali nine given life sentences", "Execution shock for four of the Bali nine", "Four of Bali Nine have sentences reduced", "Bali Nine's Scott Rush avoids death penalty", "Bali Nine's Andrew Chan loses final appeal", "Bali Nine ringleader loses final appeal", "No second chance for Bali Nine member Myuran Sukumaran, says Indonesian president Joko Widodo", "Tony Abbott confirms Bali Nine member Myuran Sukumaran has lost appeal against death penalty", "Bali Nine ringleader Andrew Chan denied clemency in Indonesia", "Bali Nine member Andrew Chan has clemency plea against death sentence rejected", "Bali nine pair to be executed together if Chan loses appeal", "Indonesian President Joko Widodo rejects Bali Nine clemency for Andrew Chan and Myuran Sukumaran", "Australian death row pair Andrew Chan and Myuran Sukumaran finally admit Bali Nine roles", "Bali Nine: Indonesian court rejects Andrew Chan, Myuran Sukumaran's last-ditch appeal against execution", "Bali Nine: Australia recalls ambassador as world condemns executions", "Schapelle Corby, Renae Lawrence get sentence cuts", "Bali Nine duo moved from Kerobokan jail after 'violating rules, "Bali Nine member Tan Duc Thanh Nguyen dies in hospital in East Java", "Kerobokan prison: How Bali tourists are getting inside to visit inmates", "Bali Nine Martin Stephens' sentence upheld", "Bali Nine ringleader Myuran Sukumaran 'calm' after death appeal loss", "My life is in your hands, drug mule Scott Rush tells Indonesian Judges", "Bali Nine: Andrew Chan, Myuran Sukumaran file application for judicial review into their cases", "Lawyer for Andrew Chan and Myuran Sukumaran says judges made 'serious mistakes, "Bali pair Andrew Chan, Myuran Sukumaran lose execution appeal", "Indonesia Defies Australia's Appeal, Justifies Execution Of Bali Nine Drug Convicts Chan and Sukumaran", "Bali Nine: Andrew Chan and Myuran Sukumaran's judicial review application won't prevent executions, Indonesia's A-G office says", "Bali Nine: Lawyers for Andrew Chan and Myuran Sukumaran launch rare challenge against president Joko Widodo", "Bali Nine: Indonesia dismisses challenge against president's refusal to grant pardon to Andrew Chan and Myuran Sukumaran", "Bali Nine Australians' death row appeal fails", "Death row appeal fails: Australian 'Bali Nine' drug smugglers face execution", "Bali nine: Myuran Sukumaran and Andrew Chan lose appeal", "Foreign policy: Less talk, more action: Indonesia's stance towards the rest of the world has become more assertive", "Music for Mercy: Ben Quilty, Megan Washington to hold Martin Place vigil for Bali Nine death row inmates", "Bali Nine vigil: Supporters of Bali Nine death row inmates Myuran Sukamaran and Andrew Chan gather in Sydney", "Vigil held for Bali Nine duo Chan, Sukumaran", "Vigil for Bali Nine's Chan and Sukumaran on death row", "Swinburne University lecturer apologises for sparking controversy among students over Indonesian executions", "No Death Penalty for Andrew Chan and Myuran Sukumaran", "Triple j partly to blame if Bali Nine executed, says anti-death penalty campaigner", "Drug dealer takes vital information to grave", "How Renae lost her way and landed on death row", "Just reward for doing the Devil's footwork", "Indonesia: 'Reprehensible' executions show complete disregard for human rights safeguards", "State sanctioned killings in Indonesia: cruel, senseless and abhorrent", "Indonesia executes 8 drug smugglers by firing squad", "Bali Nine: Executions 'appalling tragedy, https://en.wikipedia.org/w/index.php?title=Bali_Nine&oldid=1008576735, People executed by Indonesia by firing squad, All Wikipedia articles written in Australian English, Wikipedia articles in need of updating from April 2016, All Wikipedia articles in need of updating, Creative Commons Attribution-ShareAlike License, Chen, Czugaj, Norman, Rush and Stephens: Imprisoned, Lawrence: Paroled, released 22 November 2018. In a discussion some time ago on the ABC’s Monday night Q&A program, about the two Australian heroin smugglers, Andrew Chan and Myuran Sukumaran who were about to be executed in Bali, one anti-death penalty commentator said that if the death penalty had still applied in Australia, Lindy Chamberlain would be long dead by now. Chan protested his innocence and defending his silence during his final plea, reading from a two-page statement:[30], "I didn't say anything in court because if I did, I'd be lying. [42] On 26 April 2006, Lawrence, Nguyen, Chen, and Norman appealed and had their sentences reduced to 20 years,[43] while the life sentences for Czugaj and Stephens were upheld. Currently, section 8(1A) of the Mutual Assistance Act provides that a request for mutual assistance must be refused if the request relates to the prosecution or punishment of an offence where the death penalty may be imposed unless the Attorney-General believes there are 'special circumstances' which mean that assistance should be granted.11. [84], A candlelight vigil hosted by the Mercy Campaign, entitled Music for Mercy, was held in Sydney's Martin Place on the evening of 29 January 2015 in support of Chan and Sukumaran. There will certainly be more cheers. If there was further information that had to be obtained from here through the Australian Federal Police, we would seek an assurance that Indonesia would not be wanting a death penalty in each of those cases. I am concerned that section 8(1A) and 8(1B) of the Mutual Assistance Act do not take a strong enough stance to prevent a person being exposed to the death penalty as a result of assistance provided by Australia. A warrant for his arrest in Australia remains in place over the theft of $A4,797 from the Commonwealth Bank via a forged cheque. As a matter of practicality terrorists may perceive the prospect of the death penalty as an invitation to martyrdom. Death Penalty Background. [97], Lawrence and Norman were arrested on 26 March 2005 in New South Wales, while travelling along the Pacific Highway in a stolen Ford Laser after police used road spikes to intercept the stolen vehicle. It is almost 40 years since the last man was hanged in Australia. Sukumaran remained mostly silent throughout the proceedings and blamed amnesia for his poor recollections of events leading to his arrest. [13] Attorney General's Department, 'Fact Sheet 3, How does Mutual Assistance work in Death Penalty matters' available at http://www.ag.gov.au/ . [8] See Article 6(2) and Article 6(4) of the ICCPR. We would expect the same of Australian police if the situation was reversed. 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