My reaction to Andrew Chan and Muruyan Sukamaran executions
Okay, first things we first, we all know that crimes committed are to be punished, it’s the justice system. Whether you’ve committed murder, sexual assault, assault, smuggled drugs or any other offence you can think of, the person is to be tried fairly and according to the law at hand and convicted innocent or guilty. Every law is different and varies from country to country, state to state. The law advocates justice for everyone, no matter your race, gender or sexuality, however this in itself is debatable. Being a law student, you have to analyse cases according to the law and justify the decision or decide for yourself whether the person is innocent or guilty, or the person may even be subject to both, providing evidence to back up what you’ve said with relevant legislation and other cases, and such. In this instance, I won’t even bother to legally analyse this, it’s not a matter of providing evidence and explaining it, it’s more of an ethical and political issue that needs to divulged just simply by expressing your thoughts.
So here goes… Basically we all know what the two men did. It was a planned operation and quite articulate in nature. The members remaining separate and discrete. Several mobile phones were used for communication and the drugs being smuggled were strapped to the bodies. Reports even say that some of the members didn’t even know each other until they had met once caught. The Bali Nine attempted to smuggle 8.3kg of heroin, which has a value of $4 million in Australian currency, from Indonesia to Australia. The Australian Federal Police had intelligence on the group, establishing their movements and it was reported that the ringleaders of this crime successfully imported a commercial quantity of heroin into Australia. The authorities in Australia notified Indonesia and this led to the Bali 9 being arrested and then evidentially tried in Indonesia.
Drug trafficking carries the death penalty in Indonesia, if found guilty of course. A majority of the Bali Nine were sentenced to life imprisonment, one of them having their sentenced reduced to 20 years and of course, Andrew Chan and Muruyan Sukamaran were sentenced to the death penalty. Their sentences vary as cooperation was involved and vigorous legal battles occurred. Each of the members appealed their cases more than once. Throughout this matter, the Australian government opposed the death penalty, criticising the Indonesia’s law.
Now do not read this thinking I am defending drug traffickers, do not think I am advocating drugs, because I am heavily against drugs and the smuggling of them. Drugs ruin people’s lives, it develops an addiction, although a minority can be rehabilitated, it’s quite difficult to rid this addiction. Yes, it is one’s choice to take drugs, that person is to blame, however, having drugs accessible to people is temptation. Have you ever heard about Adam and Eve, when God specifically told them to not eat the apple on the tree but they did it any as the temptation is there. This is how it is with drugs. In this way, support and education is vital so that people avoid purchasing and using illicit substances and inevitably become addicted. However, the trafficking of drugs still occurs despite it being illegal, so how do we fix this? It is clear that simply putting it in words in legislation and making it a law doesn’t work, words don’t scare people. It is also clear that having the police warn people of the consequences and telling the people not to commit illegal activities does not work either. I don’t know about you but I get the sense of uneasiness when I walk past a police officer or see a police vehicle, even when I have not done anything wrong. So what can be done? Punishment and deterrence is the solution. I don’t particularly agree with the death penalty. It is a barbaric and unethical practice. There have been cases where innocent people have lost their lives to capital punishment. Although the cold, hard evidence is there in this case, it is difficult to justify a death penalty. BUT, and this is a big but, the members of the Bali Nine, as individuals, had prior convictions, additionally this was not their only attempt to smuggle drugs, but it is said that there were at least three attempts. Now, it is obvious that these people did not learn from their previous mistakes and continued to commit crimes. The whole legal process to provide an example for the community, deter others from committing the same crime and essentially deter the offender from offending again through punishment. Logically, the Bali Nine do deserve their punishment.
Nevertheless, it needs to be said that, with regards to the executions of the ringleaders, it was unnecessary. Let me tell you why the death penalty was excessive. These men were waiting ten years for their devastating fate. That is torture in itself. Imagine being in prison for ten years wondering if you’re to spend your entire life in a prison cell or be executed. It is obviously hard to imagine as you and I have never been through such an event like this, but it is easy to sympathise with them.
Additionally, there was no just aim, it was purely political. The Indonesian government merely wanted to prove that is tough is crime. There was no justice in killing two men through a firing squad. There was no mercy provided for the men and their families. The Australian government pleaded with the Indonesian government numerous times for clemency. As Australia does not have jurisdiction in the country and on such matters, nothing could be done, politicians were able to merely communicate with their counterparts. The Indonesian government may have been put down a few pegs by the Schapelle Corby case, as the Australian was released from imprisonment, also accused of smuggling drugs. Having noted this, it may have lead to Indonesia saying enough is enough, and wanted to prove their intolerance of the trafficking of illicit substances. However, do Indonesia realise the real problem here? It is not tourists coming to their country and importing drugs, it is actually their own country providing said drugs and creating this problem. How on Earth do you think the Bali Nine and other prisoners charged with this crime got their hands on the actual drugs? Indonesia are punishing people who are not their own and it’s despicable to think that their laws are applicable to tourists.
Moreover, there was alleged corruption in the case of the two men. The findings into the allegations of bribery were not even addressed in a statement. Instead the judicial commission urging the court to investigate it further, which is a little fishy to me. If there were irregularities in the case, it is vital that it be investigated. The President of Indonesia even making the remark that such a claim should have been brought forward previously, I quote, “Such things should have been exposed years ago.” Now how’s that for justice! In Indonesia, it is in fact prohibitive by their law to accept bribes and interfere with the legal system. Yet here we are, two men dead after a speedy “investigation” of corruption, after 10 years of waiting, and there are still a lot of unanswered questions, even after their executions.
Although the men were guilty of a crime and were in the perfect state of mind to know right from wrong and that they are the only ones to blame for their actions. Death by firing squad is an old-fashioned method that needs to be condemned by every single country, their government and their people. There has been a strong movement to rid capital punishment, the people and their governments have criticised it. The Australian government have pulled the ambassador from Indonesia and have stated that military, aid and resources that provide assistance for Indonesia may be pulled from its plug too. I have read and heard that many Australians refuse to go back to Indonesia, boycotting the country. This will have a great effective on the countries, their relationship, and their people, it is unwise to punish a country for what their government has done. If we’re going to punish one country, then we might as well do it for every single country, like the United States, China, Thailand, Vietnam, Egypt and every other country that still has laws constituting capital punishment.
In the end, the men did the wrong thing and got punished. I personally believe that the men deserved to be punished for their crimes, like anyone else who commits a crime. Everyone knows the consequences; no one is above the law. However, there is the justice system that is fair, it is a balance of preventing crime, protecting citizens and innocent lives, as well as those who have committed crimes. There are ways in which all of this can be achieved, but the death penalty is not one of them.Once again, I am not supporting the crime, I am condemning this crime.
Ironically, Indonesia is a strong advocate against the death penalty for citizens abroad.
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