Indonesian Justice System

The Hon. G.A. KANDELAARS (15:34): I rise to implore the Indonesian government to reconsider its position on capital punishment and to grant all those on death row in Indonesia clemency. Whilst we know of the impending execution of two Australians, Andrew Chan and Myuran Sukumaran, there are another nine who also face the same fate as Andrew and Myuran. I fear the 11 condemned prisoners' fate is already sealed, as it would appear that the Indonesian government is determined to make a public political statement.

I acknowledge the very determined multipartisan efforts here in Australia to plead with the Indonesian government for clemency for Andrew Chan and Myuran Sukumaran. As we all know, Andrew Chan and Myuran Sukumaran were the ringleaders of what is referred to as the Bali Nine, a group that tried to smuggle over eight kilograms of heroin into Australia in 2005 and were caught in Bali as a result of an Australian Federal Police tipoff to the Indonesian authorities. They certainly deserve to be punished for their part in that crime. Their actions were reprehensible and a shocking mistake, but they do not deserve the death penalty for their mistake.

I oppose capital punishment as I believe it is an appalling waste. The death penalty is the ultimate denial of human rights, the right to life. The sanctioned killing by the state significantly diminishes our humanity. It has been over nine years since Andrew and Myuran were convicted and sentenced to death. In that time both individuals have undertaken significant rehabilitation resulting in a remarkable transformation. In a recent debate in the federal parliament, both the foreign minister, the Hon. Julie Bishop, and the deputy leader of the opposition, the Hon. Tanya Plibersek, spoke on the efforts of both Andrew and Myuran in their rehabilitation and repaying their debt to society.

In her speech, the Hon. Julie Bishop outlined that, in the case of Andrew, he had completed a degree in theology and is now a pastor who provides religious counselling and support to fellow prisoners. In Myuran's case—and he is often referred to as the 'gentle giant'—she pointed out how he has nearly completed a fine arts degree and has become an accomplished artist with the assistance and tutelage of his friend and mentor, renowned artist Ben Quilty.

In her speech, the Hon. Tanya Plibersek pointed out how her husband had been caught and convicted of drug offences overseas prior to their relationship. She gave a personal perspective of how he had repaid his debt to society for his stupid mistake, and, more importantly, how he continues to contribute to our society.

Andrew and Myuran have been recognised by officials, warders and fellow inmates of the notorious Kerobokan prison for their positive contribution and leadership in the rehabilitation of themselves and fellow prisoners. Their deaths would be a tragic loss to us. Over 35,000 Australians have sent letters to Indonesian President Joko Widodo seeking clemency for Andrew Chan and Myuran Sukumaran.

Interestingly, Indonesia's foreign affairs department is seeking to prevent the execution of at least 229 of its citizens who are facing the death penalty for crimes such as murder and drug offences. Whilst I commend the Indonesian government's efforts on behalf of its citizens facing execution abroad, the ongoing use of the death penalty at home reflects an inexplicable double standard. As I said earlier, I fear the Indonesian government is determined to make a public political statement by these executions, but I believe there are far better ways to show that you can get tough on drug crime. Please, please, President Widodo, reconsider your position and grant clemency to all those facing execution. Compassion is not a weakness: it is a strength, and I urge you to provide clemency to all facing execution in Indonesia.