April 29



AUSTRALIA:

Australian Condemnation After Indonesia Execution Reports



A top official from Australia's foreign ministry called the death penalty an "abuse of state power" Wednesday after the reported execution of 2 Australian drug convicts in Indonesia.

Myuran Sukumaran and Andrew Chan were the ringleaders of the "Bali 9" heroin trafficking gang and were sentenced to death in 2006, with their executions carried out on the high-security prison island of Nusakambangan after midnight Tuesday (1700 GMT), local reports said.

Chan and Sukumaran were the 1st Australians to be executed since December 2005, when 25-year-old Nguyen Tuong Van was hanged in Singapore for smuggling heroin.

Australia's parliamentary secretary to Foreign Minister Julie Bishop, Steven Ciobo, said on Twitter that "there are few greater displays of abuse of State power and regressive thinking than the death penalty. #RIP", apparently in reference to the reported executions.

Meanwhile one of the Indonesian lawyers representing the two Australians lamented his "failure" to hold back the firing squad.

Todung Mulya Lubis said he was "sorry" on the social media site. "I failed. I lost," he added.

Opposition Labor Party leader Bill Shorten and shadow foreign minister Tanya Plibersek called for a "strong response" from the Australian government in a joint statement.

"As a close friend and neighbour of Indonesia, Australia is deeply hurt that our pleas for mercy were ignored," the statement said.

"It was completely unacceptable for Indonesia to proceed as it did when critical legal processes were yet to run their course, raising serious questions about Indonesia's commitment to the rule of law."

Before the executions, Bishop told the Australian Broadcasting Corporation there would be "consequences" if the shootings were carried out, but did not provide any further details.

Rights group Amnesty International described the reported killings as "cruel, senseless and abhorrent".

"We stand in solidarity with the families of all those who were brutally executed in this senseless, tragic and wasteful act of state-sanctioned murder," Amnesty International's crisis campaigner Diana Sayed said in a statement.

"Despite promising steps away from the death penalty prior to 2013 and 4 years without any executions, Indonesia's resumption of this cruel and inhuman punishment has put them well out of step with the rest of the world."

Amnesty called on the Australian government to continue speaking out against the death penalty.

(source: ndtv.com)

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Former Page MP urges Australians to join campaign against the death penalty



Former Page MP Janelle Saffin says the execution of 8 death-row prisoners in Indonesia, including Australians Andrew Chan and Myuran Sukumaran, was cruel and inhumane.

Ms Saffin is a supporter of the Anti-Death Penalty Asian Network.

She said the executions were a waste of human life and should never have gone ahead.

"It's been carried out under the direct authority of President Joko Widodo, and there are serious allegations of corruption in their sentences," Ms Saffin said.

"There's still an appeal to the Constitutional Court being heard on May the 12th.

"Those 2 things alone should have caused a stay.

"I just can't begin to even fathom the grief of their families.

"But we can't have their deaths (be) in vain, and I ask all people to join the campaign.

"Campaign for the abolition of the death penalty in our region and elsewhere."

(source: ABC news)

******************

Indonesia's execution of Bali Nine pair demands strong reaction, Labor says



Politicians of all sides unite to condemn killing of Andrew Chan and Myuran Sukumaran, as Australian government ponders diplomatic response

Australia must respond strongly to Indonesia's execution of 2 citizens, the Labor opposition said, as MPs from all sides of politics expressed their anger at the "cruel and devastating loss".

Australia's foreign affairs minister, Julie Bishop, was due to address the media on Wednesday morning but said on the eve of the execution of Myuran Sukumaran and Andrew Chan that "of course there will be have to be consequences".

One option is for Australia to recall its ambassador to Indonesia. There is also uncertainty over a long-planned trip to Indonesia by the agriculture minister, Barnaby Joyce, which is likely to be delayed.

Steven Ciobo, the parliamentary secretary to Bishop, expressed his outrage after confirmation that Indonesia had killed by firing squad eight people for drug offences, including Chan and Sukumuran, who were the subject of a long campaign for clemency.

"There are few greater displays of abuse of state power and regressive thinking than the death penalty," Ciobo said after the Indonesian government carried out the executions early on Wednesday.

The Labor leader, Bill Shorten, and the deputy leader, Tanya Plibersek, condemned the executions "in the strongest possible terms".

"Our best hopes have been dashed and our worst fears realised," they said in a joint statement. "Indonesia has not just robbed 2 young men of their lives but robbed itself of two examples of the strengths of its justice system."

This was a reference to the widely accepted accounts of Chan and Sukumaran's rehabilitation in prison after they were convicted over the 2005 Bali 9 heroin smuggling plot.

"A decade ago, these 2 young men made a dreadful mistake," Shorten and Plibersek said.

"By all accounts they spent every minute since seeking to mend their ways and to steer others on the road to redemption - proof the justice system could reform wrongdoers, not just punish wrongdoing. Yet today, they were made to pay for one stupid decision of 10 years ago with their lives."

Shorten and Plibersek said the executions significantly weakened Indonesia's ability to plead mercy for its own citizens facing execution around the world.

They said Australia was "deeply hurt" its pleas for mercy were ignored and described it as "completely unacceptable for Indonesia to proceed as it did when critical legal processes were yet to run their course, raising serious questions about Indonesia's commitment to the rule of law".

"Indonesia's actions demand a strong response from the Australian government," Shorten and Plibersek said. Milne said Chan and Sukumaran would be remembered "for overcoming their past to live meaningful lives, even from prison, not just for the way they died".

"Their actions over the past 10 years were testament to their remorse, and have given many of their fellow prisoners an opportunity to live better lives. It is a tragedy Andrew and Myuran were denied their own second chance," she said.

"Capital punishment must be abolished wherever in the world it is still carried out. We in Australia must continue to advocate for an end to capital punishment and promote human rights around the world, especially in our region."

Many Australian politicians took to Twitter to voice their outrage and sadness.

The New South Wales premier, Mike Baird, said it was a "cruel and devastating loss".

Western Sydney-based Liberal MP Fiona Scott described the executions as murder. "The death penalty is barbaric and inhumane torture. Murder is murder," she said.

Labor MP Andrew Giles said the "unbearably sad" news should serve as further motivation to end the death penalty.

The Labor frontbencher Anthony Albanese said it was "a tragic loss of life on a very sad day", while his colleague, Tony Burke, said: "Lives lost. Nothing gained."

Labor MP Melissa Parke voiced "terrible sadness for these 2 brave dignified young men, their families, friends and lawyers who fought so hard".

(source: The Guardian)

*******************

Bali 9: Australia's clemency pleas weakened by fickleness on death penalty ---- Lawyer for Andrew Chan and Myuran Sukumaran says Australia applauded the death penalty for Bali bombers so credibility 'a little tarnished'



Australia's credibility in arguing for clemency for Andrew Chan and Myuran Sukumaran was tarnished by the federal government's inconsistency about the death penalty, says a lawyer for the 2 men.

Peter Morrissey SC, who worked pro bono on Chan and Sukumaran's case for several years, told ABC radio on Wednesday that Australia took the "very moral high ground", but our foreign policy on capital punishment was resented in Indonesia.

"Our credibility was a little tarnished there ... We were rather applauding the death penalty when it came to the Bali bombers," he said.

"That fact caused a lot of resentment. We need to be very consistent about it [and] that may have affected our credibility within Indonesia on this occasion."

When 2 of the Bali bombers were condemned to death in 2003, both the government and the opposition supported it or did not speak out strongly against it.

"Some people say that I should be thumping the table and saying, 'Don't execute,'" John Howard, the then prime minister, said at the time. "I'm not going to do that because I do respect the judicial processes of Indonesia."

Chan and Sukumaran were executed along with 6 other men - including 4 Nigerians, a Brazilian and an Indonesian - on Tuesday night. Mary Jane Veloso, a Filipina, was given a last-minute stay of execution shortly before the men were shot.

Gillian Triggs, president of the Australian Human Rights Commission, said she executions were "tragic" and that she hoped they could be used to press the case for an abolition of the death penalty across Asia.

"Our concerns as a human rights commission is that the executions breach international law," Triggs told Guardian Australia.

"I feel the prime minister and minister for foreign affairs, and all government officials, really pulled out the stops to prevent it, they did all they could do in the circumstances, and I was pleased it was a bipartisan effort with Tanya Plibersek [Labor's foreign affairs spokeswoman] given the difficult political environment of the last few months.

"My personal view is that anger is never very helpful, revenge isn't helpful. We should take this opportunity in a positive way to reach consensus among Asian nations that we should never do this again. We will certainly be working with groups in Indonesia and Malaysia so that we can come together for a unified view on capital punishment." ---- John Howard

The then prime minister John Howard gives his opinion on the verdict handed down to Bali bombing suspect Amrozi bin Nurhasyam who was sentenced to death. He accepted the Indonesian court's decision.

In a joint statement, the Chan and Sukumaran families said the duo "asked for mercy, but there was none. They were immensely grateful for all the support they received. We too, will be forever grateful."

Dharminie Mani, Sukumaran's cousin, posted on Facebook that he told her during the final family visit that he was going to miss seeing the new Avengers film as well as the boxing fight between Floyd Mayweather and Manny Pacquiao.

"My mum and aunt had silent tears streaming down their faces as Myu smiled and joked trying to cheer them up. But that's who Myu is. He is that friend that places himself last in order to support those around him.

"I saw smiles so wide and humbling on the faces of other prisoners when Myu tasked me with the job of handing out his chocolates and nut bars that he "no longer needed". Myu spent both today and yesterday trying to take care of other people. Trying to organise everything so that others would be taken care of. That's Myu through and through."

The Mercy Campaign, which has called for Chan and Sukumaran to be spared after they were among 9 Australians arrested in Bali in 2005 for smuggling drugs, also expressed its "devastation" at the execution of the men. The campaign gathered more than 250,000 signatures urging clemency.

"We are still trying to process it," said Brigid Delaney, co-founder of the Mercy Campaign and features editor at Guardian Australia. "We are devastated we lost, but we are thankful that it may make it easier for the next lot because there was such a fight from so many people. Maybe it will make it harder to execute the next batch of people.

"The Mercy Campaign is essentially 2 people but we felt that we were an army of many hundreds of thousands. We've been overwhelmed by the support of people we'll never meet but have been very present in the campaign."

Anger at the executions has surfaced outside Australia, with Amnesty International condemning what it called a "wasteful act of state-sanctioned murder".

The British entrepreneur Sir Richard Branson said he was "shattered and disappointed" by the deaths of the 8 men.

"It's a devastating blow to all of us who hoped that mercy and common sense would prevail," the Virgin boss said. "Instead, tonight's killings will have a significant negative impact on Indonesia's standing in the world.

"To paraphrase Oscar Wilde: 'The only difference between saints and sinners is that every saint has a past while every sinner (should have) a future.' Everyone deserves a 2nd chance. Let's do away with the death penalty once and for all."

The Brazilian government condemned the execution of Rodrigo Gularte, who has twice been diagnosed with schizophrenia and died alongside Chan and Sukumaran.

In a letter sent on Monday to the government in Jakarta, the Brazilian foreign ministry declared the death sentence "unacceptable" and "contrary to the common sense and basic standards of human rights protection".

But there was joy in the Philippines at Veloso's reprieve, which may be temporary. Her mother, Celia, told local radio station DZMM: "We are so happy, I can't believe it. I can't believe my child will live."

Australia has recalled its ambassador from Jakarta in protest against the executions. Professor Damien Kingsbury, of Deakin University, predicted the removal of the ambassador may last for "a month or 2".

"But really Australia can't afford in the longer term to break off relations or to have a blockage in relations with Indonesia," he told the ABC.

"Indonesia is a big, important country. It is there, it's not going away, and we are going to have to make some compromises on how we deal with it."

(source: The Guardian)








NEW ZEALAND:

NZ condemns use of the death penalty



Foreign Minister Murray McCully says New Zealand is dismayed by Indonesia's decision to carry out the execution of members of the 'Bali 9' and other prisoners.

"New Zealand is strongly opposed to the death penalty in all cases, and under all circumstances," Mr McCully says.

"We have expressed our opposition to the death penalty to Indonesia and I made this clear when I met with the Indonesian Foreign Minister recently.

"While we respect Indonesia's right to set and apply its own laws, and understand the immense harm the country suffers from drug trafficking, we are dismayed that these executions have proceeded in the face of continued appeals from some of Indonesia's closest friends.

"In recent years Indonesia has won considerable respect for consolidating democratic institutions and improving human rights. The executions are a serious setback to that progress," Mr McCully says.

(source: scoop.co.nz)








PAPUA NEW GUINEA:

Papua New Guinea's Catholic archbishop reiterates opposition to death



What impact will the Indonesia's execution of Andrew Chan and Myuran Sukumaran have on its neighbour, Papua New Guinea, and its plans to reinstate carrying out the death penalty? Capital punishment has not been carried out in PNG for more than 50 years, but was re-enacted 2 years ago when the law was amended to include more offences.

Since then, 13 people have been waiting on death row, but lack of infrastructure has meant there has been no method to enact the capital punishment.

The Catholic archbishop of Port Moresby, John Ribat, says this week's executions in Indonesia underline why Papua New Guinea should not go ahead with reactivating the death penalty.

Archbishop Ribat says the church has a very clear position opposing the death penalty.

(source: Radio Australia)








BANGLADESH:

Mojaheed verdict: SC starts hearing on appeal



The Supreme Court today started hearing the appeal filed by Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed challenging his death sentence for his crimes against humanity committed during the country's Liberation War in 1971.

A 4-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha began hearing around 9:45am.

SM Shahjahan, a counsel for the convicted Jamaat leader, was reading out the paperbook of the appeal before the apex court around 10:25am when the report was filed.

Jamaat secretary general Mojaheed Mojaheed filed his appeal with the SC on August 11, 2013 against the death penalty awarded to him for wartime offences.

However, the state counsels did not appeal over the Mojaheed's verdict in the war crimes case.

On July 17 in 2013, the International Crimes Tribunal-2 found the 65-year-old Jamaat leader guilty of 5 out of 7 charges brought against him.

The tribunal sentenced him to death in connection with 3 charges, jailed him for life in 1 and sentenced him to 5 years in prison in another charge.

According to the verdict, Mojaheed had led a "death squad" named Al-Badr that worked as an auxiliary force for the Pakistani army.

He had held superior responsibility in abetting, planning and facilitating the mass killings of the "best sons and daughters of the soil".

In 1971, Mojaheed was a top leader of Islami Chhatra Sangha, the then student wing of Jamaat. Chhatra Sangha turned into Al-Badr, an armed outfit.

Mojaheed was made a technocrat minister during the BNP-Jamaat-led 4-party alliance rule in 2001-2006.

(source: The Daily Star)








ASIA:

Decision to execute foreigners sets Indonesia apart



While there are foreigners languishing on death row across Asia, where several countries impose the death penalty for drugs offences, it is rare for authorities to execute them.

Indonesia's decision to put 8 foreigners to death for drugs offences, all of whom are expected to face the firing squad imminently, has sparked international outrage.

Jakarta has sharply increased executions in the past 2 years, with President Joko Widodo a vocal supporter of executing drug traffickers, and Amnesty International (AI) says it is bucking a global trend of fewer death sentences being carried out.

According to international human rights law, the death penalty should only be applied for the most serious crimes, such as murder, but that is far from the case in Asia.

Here are several countries and territories in the region that impose the death penalty for drugs offences:

Afghanistan

The world's top producer of opiate drugs, Afghanistan rarely carries out executions for drug-related offenses. Law enforcement remains weak in the war-torn country, despite a multi-billion-dollar US-led campaign to crack down on booming opium production.

Bangladesh

Bangladesh does not release figures for the number of people sentenced to death or the number of executions carried out but hundreds are believed to be on death row, including at least half a dozen opposition figures for committing atrocities during the country???s 1971 war of independence.

Brunei

Brunei mandates death for drug trafficking but is not known to have carried out executions for any type of crime over the past decade, according to AI, and effectively has an unofficial moratorium in place.

China

China has the highest number of executions in the world, according to AI, although the number is kept a secret. It imposes the death penalty for drug traffickers and executes people by firing squad or lethal injection.

India

Some 278 people were on death row at the end of 2014, according to India???s Death Penalty Research Project. India carried out 2 hangings in 2012 and 2013, breaking an 8-year unofficial moratorium. Indian courts hand down death sentences in "rarest of rare" cases. A landmark judgement by India's top court in 2014 commuted the death sentences of 15 convicts to life imprisonment, noting the inordinate delay in deciding their mercy pleas.

Indonesia

Around 140 convicts are on death row in Indonesia, including about 60 for drugs crimes. Around 30 death row drug convicts are foreigners. The group facing imminent execution is made up of 8 foreigners and 1 Indonesian, as Jakarta seeks to demonstrate it is serious about tackling drug offences.

Widodo, who took office in October and has taken a tough line against drug traffickers, has rejected all clemency appeals for those sentenced to death on drugs charges.

Indonesia imposed a moratorium on executions between 2009 and 2012, but then resumed them in 2013. No one was executed in 2014.

However Widodo seems determined to dramatically increase the pace of executions. Jakarta has already conducted one batch this year, putting 6 drug convicts, including 5 foreigners, to death in January.

Malaysia

More than 900 convicts are on death row in Malaysia, according to the government, which does not publicly give out information about executions, although they are believed to be rare. Drug offences are believed to account for more than 70% of death-penalty convictions in the country, according to AI.

Pakistan

Pakistan ended a 6-year moratorium on the death penalty in December 2014 as part of a crackdown on militants following a Taliban massacre at a school that left more than 150 people dead, most of them children. Since then nearly 100 convicts have gone to the gallows. Initially only those convicted of terror-related offences were hanged, but this was then widened to include all capital crimes. During the moratorium, courts continued to give out death sentences, and according to AI there are around 8,000 prisoners on death row in Pakistan. Capital crimes include murder, terrorism, drug trafficking, treason and certain types of blasphemy.

Singapore

After a moratorium on the death penalty in 2012 and 2013, 2 drug convicts were executed in 2014, according to the latest available official data. 23 people are currently on death row in the city-state, according to the government.

Sri Lanka

Sri Lanka's courts routinely hand down death sentence to those convicted of crimes such as murder, rape and drug smuggling but the country has not carried out an execution since 1976, with an unofficial moratorium effectively in place. There are some 300 condemned prisoners who have exhausted all appeals and are on death row. Sri Lankan authorities have from time to time threatened to restore executions, previously carried out by hanging.

(source: Sri Lanka Sunday Times)
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