Death for drugs but not for bombs is puzzling
John Miner
Newcastle Herald, The (includes the Central Coast Herald), 21/06/2006
The Federal Police seem able to choose Asian or Australian law at will, says John Miner.
Late, Section: News, pg. 9
OPINION & ANALYSIS
LAST week Abu Bakar Bashir was released from jail in Indonesia after serving two-and-a-bit years for approving bombings that took 200 lives.
Last week, the Bali Nine remained in prison in Indonesia for alleged drug smuggling. No drugs were smuggled and nobody died, but two Australians face execution by firing squad.
Asia and Australia have different cultures and different values.
Yet the Australian Federal Police felt free to expose nine Australians last year to a system of justice that differs widely from the one that the Federal Police are sworn to uphold.
Myuran Sukamaran and Andrew Chan, who face death in Indonesia, do not have the appeal of a Schapelle Corby or Michelle Leslie. They have been found guilty of planning to smuggle heroin, accused of manipulating more naive Australians.
If true, their behaviour is repellent. But the penalty for it in Australia is not death.
Others in Kerobokan are looking at 20 years' jail, far from family and friends, for little more than naivety.
Last year, Van Nguyen was executed in Singapore. His offence appeared to be born of desperation.
The Federal Parliament voted to ask for clemency. Our Prime Minister and our Governor-General asked for clemency.
Yet the Federal Police chose to expose other Australians to the same penalty.
Alexander Downer made clear in Nguyen's case that Australia will not urge other countries to change their laws, but will always seek clemency for Australians sentenced to death.
The Federal Police don't seem to be on the same page. Commissioner Keelty continues to defend exposing Australians to a penalty that the Government opposes.
It almost looks as if the AFP, because no Australian jurisdiction will impose capital punishment, is outsourcing the execution of Australian citizens to very different jurisdictions.
The powers under which the Federal Police exchange information with police in other countries are mysterious.
Their overseas excursions are governed by regulations, but what force do they have?
We know that poor economies can breed breakdown in law and order: that's why Australia has troops in the Solomons and East Timor.
If you were wrongly accused in some countries, would you get the same rights you would in NSW? Would you get the Bashir penalty or the death penalty?
The chief lesson that Australians should have learned from the enormous publicity about Ms Corby and the execution of Mr Nguyen is clear: don't deal in drugs, especially where the penalty is death.
The New Institute will look at the issues, with Pauline Wright, vice-president of the NSW Council for Civil Liberties, and colleague Michael Walton from the Office of the Department of Public Prosecutions, at Panthers Newcastle tonight, 6 for 6.30. Details: 4962 5088.
John Miner sits on The New Institute's committee.
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