I don’t agree with the death penalty anywhere for any reason
so I have a basis of bias from the start. It doesn’t work, it isn’t decent and
it is a grand hypocrisy to decry and sentence a person because of the horrific
nature of their crime and then commit as horrific a one ourselves. It’s a
grotesque nonsense.
The way that this has been handled by Indonesian
authorities, particularly the judiciary and the Presidency is troubling. There
has been in the last months a callous disregard, even a chest thumping glee and
the series of inchoate acts by them which almost seemed to be arrogant and
immature at times. My observations on what has troubled me in this matter:- The dramatic, muscular demonstration of force when the prisoners were transferred to the execution site in the army vehicles
- The lack of acknowledgement of the rehabilitation of the two men over the ten years of imprisonment
- The discourtesy of not responding to approaches made to the Government
- Having a warship circling the prison island after the transfer of the men
- Initially saying those being executed could not have their chaplains with them at the end
- The gloating and insensitive appearance of the Indonesian Attorney General at Nusakambangan after the executions boasting that they were ‘more perfect than the last’ (executions).
Here’s the odd thing about the death sentence in this case
and I might just be a bit dense. Those who supported the death penalty said
that if the drugs they were carrying had have made it to Australia and got out
to the community it could have caused death and harm. That is absolutely
undeniable but it’s a pretty big if and I wonder if it makes one bit of sense
to put someone to death when the harm did not occur. Not only did not but would
not because the AFP knew about the stash, knew who was doing it and knew when
they were leaving the country. They took their ill-judged step to tip off the
Indonesian’s presumably to have the smugglers detained and to avoid any chance
of the drugs getting to Australia. Job done, ends achieved if you’ll pardon the
unfortunate phrase. Will we now execute someone who plans a murder but is
caught beforehand? Maybe we’ll give lethal injections or the chair to a would-be
hijacker who is caught at the airport before he gets on the plane? The point of
apprehension and a rock solid case is that it prevents the planned crime. Of
course you would imprison or rehabilitate these kinds of offenders but to off
them when they haven’t done the worst is baffling.
Finally there is a dichotomy in a President having a tough
stand on drugs which is fair enough but whose country has no harm-reduction
strategies for users in its platform. Surely finding ways to get people of
drugs is a good way to impact the ‘business model’ of traffickers and
smugglers. It might also be worthwhile getting drugs out of the prisons where
they can be purchased openly and cheaply. Indonesia has about 60% of its prison
population continuing drug users and a hefty proportion are HIV positive
because of the exchange of used syringes.
But how does Indonesia handle this? Not with compassion or
assistance but by having some of the world's harshest laws against the trafficking but also the consumption of drugs.
Effectively there is no difference under Indonesian law between dealers and
users and those laws seem to be more and more draconian and yet the problem is
not going away. You have to wonder if the publicity of executions and the tough
talk is more attractive (and more politically important)than helping the drug
industry to wither away. What kind of President wouldn’t rather act to see his
most vulnerable citizens be well and drug free rather than pursue headlines,
appear tough and prop up short sighted policies and politics?
Reality check: Not one person will stop buying, taking or
smuggling drugs because of what happened on that desolate island on Tuesday
night. President Joko has established himself now as a play thing of his
enemies, they bark he responds. People will die in the streets of Indonesia,
others will continue to buy and sell in Bali and the pockets of the real
mongrels in the prison and judicial system will continue to be lined. That’s
where the scourge of drugs in Indonesia is. For most of the last ten years it
was never in Andrew Chan or Myuran Sukumaran’s hands. They made a stupid
mistake and then they did better.
More than can be said for the process and the President that
killed them. When power trumps mercy!
My deepest sympathy to the family, friends and legal teams of those we've lost.
My deepest sympathy to the family, friends and legal teams of those we've lost.