Robert McClelland (Barton, Australian Labor Party, Shadow Minister for Defence) Share this | Hansard source

to move:

That the House:

(1)

notes that:

(a)

six of the nine young Australian citizens arrested in Denpasar, Bali, Indonesia and charged with drug-related offences on 17 April 2006 have now been sentenced to death by the Indonesian Supreme Court;

(b)

four of those Australian citizens have been sentenced to death by the Indonesian Supreme Court, even though they were sentenced only to terms of imprisonment by lower courts and the prosecution did not seek the imposition of the death penalty at their trial or on appeal;

(c)

the right to life is a fundamental human right recognised in the Universal Declaration of Human Rights (1948) and the International Covenant of Civil and Political Rights (1966);

(d)

the Australian Parliament passed the Death Penalty Abolition Act 1973, which was assented to by the Governor-General on 18 September 1973;

(e)

Australia is party to the Second Optional Protocol to the International Convention of Civil and Political Rights aiming at the abolition of the death penalty;

(f)

Article 28 A of the Indonesian Constitution recognises the right to life; and

(g)

there may be further extraordinary judicial review proceedings and a constitutional challenge brought in the courts of Indonesia by the six Australian citizens; and

(2)

records:

(a)

its opposition to the imposition of the death penalty on any Australian citizen;

(b)

its abhorrence of all drug-related crime and the importance of international police cooperation in the detection of illicit drug-related crime;

(c)

the importance to Australia of its continuing excellent relationship with our near neighbour, the Republic of Indonesia; and

(d)

its expectation and confidence that all remaining legal process in Indonesia involving the six condemned Australian citizens will be fair and impartial; and

(3)

accordingly requests:

(a)

that the President and the people of Indonesia note and understand Australia’s position strongly opposing the imposition of the death penalty; and

(b)

in the event that the remaining legal process fails, that the President of Indonesia extend clemency to the six young Australians sentenced to death and that he commute their sentences. (Notice given 9 October 2006.)

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