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originally posted by: hutch622
a reply to: hellobruce
Yes but you said for years and that is just not true .
Chan's statement before the Denpasar District Court in his final plea of innocence, 13 February 2006.
Chan, interviewed in 2010 a
Chan, interviewed in 2010 a
originally posted by: Kryties
From: smh.com.au...
Chan and Sukumaran execution 'illegal', but Indonesia ignores Australia again
The execution of Andrew Chan and Myuran Sukumaran was illegal under international law according to high-level advice provided to Julie Bishop, but Australia's request that Indonesia submit to the judgment of the International Court of Justice on the matter was ignored.
The Australian ambassador asked Indonesia's consent on March 10 to explore the issue before the international court, but the Foreign Minister revealed yesterday she still has not had a reply.
The Australian government had strong legal advice by ANU academic Don Rothwell and Sydney barrister Chris Ward that the men's execution was illegal under the International Covenant on Civil and Political Rights, which Indonesia signed in 2006.
Under that treaty, the death sentence can only be imposed for "the most serious crimes".
"Drug trafficking does not constitute such a crime when it involves no prima facie harm or violence to another person," according to legal safeguards added to the treaty in 1984, according to the advice commissioned for Chan and Sukumaran's legal team and provided to Ms Bishop.
"We concede that one of the possible consequences of the trafficking of drugs is self-abuse of the drug, possibly resulting in death. However, this is an event which is considerably removed from the actual trafficking of the drugs and ultimately involves an act of self-choice by the drug user."
The fact that Chan and Sukumaran were conspiring to take the drugs from Thailand to Australia, with only a stop-over in Bali, meant the possibility of harm to Indonesians from their crime was remote. For these reasons, their crime could not be considered in the "most serious" category.
The legal advice also suggested that aspects of Indonesia's behaviour in the lead-up to the executions represented "cruel, inhuman and degrading treatment" - another violation of the covenant.
Professor Rothwell and Dr Ward pointed out that execution by way of firing squad, the men's treatment over 10 years in jail, the Attorney-General H.M. Prasetyo's decision to execute prisoners in large groups "described by Indonesia as batches, in the presence of each other and before a massed group of executioners", and repeated comments in the lead-up that the deaths were "imminent", "will not be delayed", may be "this week", and that "on-going legal processes would not be respected" were all cruel and inhuman.
Ms Bishop was handed the advice earlier this year, but she had to wait until all Indonesia's domestic legal processes were complete before seeking Indonesia's consent to argue the case before the International Court of Justice, the judicial arm of the United Nations.
While Indonesia is a member of the court, it does not recognise its "compulsory jurisdiction", meaning it must agree to the case being heard there.
Ms Bishop confirmed on Friday that ambassador Paul Grigson had requested of the Indonesian foreign ministry six weeks ago that it submit to that jurisdiction. However, like many other requests made by Australia in the lead up to the executions, it was met with silence.
"Indonesia has not responded to our request.," Ms Bishop said on Friday.
However, Professor Rothwell told Fairfax Media Australia could continue to push Indonesia on the case. A successful judgement would create a precedent that could prevent Australia's neighbour from carrying out the death penalty on drug traffickers in future.
More than 50 people are set to be executed for drug crimes in Indonesia coming months after president Joko Widodo cracked down.
Ms Bishop would not comment on whether she would press ahead with the request for a court hearing, saying only: "Indonesian consent would be required and that has not been forthcoming".
Bali Nine lawyer Muhammad Rifan to be questioned by Indonesian police over bribery claims
FORMER Bali Nine lawyer Muhammad Rifan expects to be questioned by Indonesian police over bribery claims he made against the judges who sent his clients to their deaths.
On Monday Mr Rifan went public with explosive allegations against the presiding judges, accusing them of asking for a 1 billion rupiah bribe for a sentence of less than 20 years for convicted drug smugglers Andrew Chan and Myuran Sukumaran.
He claims their agreement fell through after senior legal and government officials in Jakarta ordered the judge to impose the death penalty.
Mr Rifan was the pair’s original trial lawyer, who represented them when they were sentenced to death in the Denpasar District Court in 2006.
Mr Rifan’s original allegation was contained in a letter which Chan and Sukumaran’s new lawyers sent to Indonesia’s Judicial Commission in February, calling for an investigation.
“Muhammad Rifan said that the judges were pressured from certain parties to give the death sentence, and the judges had also conveyed to Muhammad Rifan that they were willing to give a lighter sentence than death sentence to his client if they were given some money,” the letter from the men’s lawyers said.
The letter named the six judges involved in the two cases. A panel of three judges in the Denpasar District Court heard each case.
The letter alleged that the judges violated the judicial code of conduct.
One of the judges, Roro Suroywati, previously told News Corp Australia that she never wanted to give Sukumaran the death penalty but was over ruled by the other two judges on the case.
Mr Rifan told News Corp Australia that, at the time his team was seeking a lighter sentence, there was no money to give the judges.
He said that his team had sought a sentence of 20 years.
Mr Rifan said it was habit, if they requested a lighter term, to provide something to the judges but they had not reached the point of discussing how much.
“So we asked for a lighter sentence, at least 20 years prison term. It is our habit, if we want to request something, we will provide,” Mr Rifan said.
“The problem, at that time, there is no fund that we can give to them. That’s the problem. There is no money that we can give to them.,” he said.
Mr Rifan said that Chan and Sukumaran had been advised to answer “don’t know” to questions from the judges at the trials — a strategy which is not helpful in an Indonesian court where co-operation and admissions of guilt count for a great deal in mitigation.
Mr Rifan said at the time that the two Sydney men were to get a life sentence for their crime but there had been “intervention” and instead they were given a death penalty.
A day after Mr Rifan’s claims were aired, Indonesia said they had completed an investigation into the claims, despite not interviewing any witnesses.
The news of Mr Rifan’s arrest comes as it was revealed high-level advice provided to Australian Foreign Minister Julie Bishop deemed the executions were illegal under international law.
Fairfax reports the Australian government had legal advice by ANU academic Don Rothwell and Sydney barrister Chris Ward that the men’s executions were illegal under the International Covenant on Civil and Political Rights, which Indonesia signed in 2006.
Under that treaty, the death sentence can only be imposed for “the most serious crimes”.
But Australia’s request that Indonesia submit to the judgment of the International Court of Justice on the matter was ignored.
The Australian ambassador asked Indonesia’s consent on March 10 to explore the issue before the international court, but the Foreign Minister revealed yesterday she still has not had a reply.
The legal advice also suggested that aspects of Indonesia’s behaviour in the lead-up to the executions represented “cruel, inhuman and degrading treatment” - another violation of the covenant.
The West Australian also revealed that the Indonesian President’s chief political rival Prabowo Subianto twice privately assured Joko Widodo there would be no political consequences if Chan, Sukumaran and eight others on death row were reprieved.
It is understood that Mr Prabowo penned a letter to Mr Joko last weekend in which he said that if the President were to “postpone the executions indefinitely”, he would come out in support of the decision.
originally posted by: Logarock
a reply to: Shiloh7
Oh yes lets by all means legalize extremely addictive drugs.
originally posted by: Kryties
and therefore no breaking of international law by executing them.
originally posted by: hellobruce
originally posted by: Kryties
and therefore no breaking of international law by executing them.
Funny how all the previous people executed for drug smuggling all over the world did not break "international law", but somehow executing these 2scumbagsrehabilitated people does!
They smuggled drugs where the penalty for that was death, they ignored that but of course we cannot blame them, it must be someone else's fault!
originally posted by: Kryties
you are still grasping at straws,
International law quite clearly states that executions are not for drug smugglers
no matter how much you whinge and gnash your teeth.
originally posted by: hellobruce
I am not the one clutching at straws, 2scumbagsrehabilitated people were executed, only a few bleeding hearts care about them.
It does not actually, just look at all the other executed for drug dealing around the world. It is up to individual nations to decide who they execute.
that the men's execution was illegal under the International Covenant on Civil and Political Rights, which Indonesia signed in 2006.
You are the one doing that, you are upset 2scumbag drug dealersrehabilitated people were executed!
The rest of Australia has already moved on, the rest of the world never even cared!
originally posted by: Kryties
Yes, you're damn right I am pissed that two people who had shown extraordinary change over 10 years were still executed without both their clemency applications properly looked at and in clear contravention of international law.
you are literally making things up to suit your argument.
originally posted by: hellobruce
Still wrong, their clemency did not have to be looked at - how about you show the Indonesian law where it states it must be looked at....
and it does NOT contravene "International law"
Actually, that is what you are doing. However the world is abetterpoorer and more barbaric place now these 2scumbag drug dealersrehabilitated people have been executed.
originally posted by: Kryties
Actually I have been the one asking YOU to show your evidence for days now,
THE EXECUTION ITSELF is what contravenes international law -
originally posted by: hellobruce
How can I show evidence of a non existent law? You are the one claiming the President had to look at them, so it is up to you to back your silly claim up - of course you know you are unable to, so you are just deflecting!
No it does not. Indonesian law is what counts.