Chris Hayes (Fowler, Australian Labor Party) Share this | Hansard source

Today, as we debate, Myuran Sukumaran and Andrew Chan, two of the Bali nine, are preparing to face a firing squad in Indonesia. Along with Scott Rush, the position of Chan and Sukumaran is one which has concerned me ever since I entered parliament in 2005. It was not long after I came here that they were arrested in Denpasar and charged with drug trafficking.

I hold strong views against capital punishment. I oppose the death penalty wherever it occurs. To me, capital punishment is the most cruel and inhuman response to crime. It is one that represents a violation of the most basic of all human rights; and that is life itself. As a parent, I cannot start to imagine the devastation that the Chan and Sukumaran families must be feeling right now given the Indonesian government's announcement that they will proceed with the execution of these two Australians. This decision follows their 10 years of imprisonment in Kerobokan Prison. That is 10 years on death row, 10 years of being haunted by the daily prospect of uncertainty associated with an execution.

Yes, they committed a serious crime and they deserve to be punished—but not the death penalty. As most credible reports conclude, capital punishment is not a deterrent of serious crime in today's society. If anything, the death penalty is a backward measure and most appropriately confined to history. In modern society, I believe we have adequate means to punish people for their crimes, but also, in the process, to assist them with rehabilitation. That is good for society. My opposition to capital punishment including advocacy for its abolition, is universal. It is not only when it involves Australians. I took the same view in respect of the Bali bombers, notwithstanding the fact that that was an attack primarily directed against Australian citizens that, as a matter of fact, claimed 88 Australian lives.

Over the years I have been greatly influenced by Mr Brian Deegan, an Adelaide based lawyer who lost his son Joshua in the Bali bombing. His son was 22 at the time, and was in Bali with team mates following a successful football season.

In an article published in Catholic Social Justice magazine, Mr Deegan wrote:

The vision of my son’s murderer, seated uncomfortably on the harsh concrete floor in a room bare of the conveniences he had once taken for granted, evokes little sympathy.

He continues:

But the prospect of him picking at grains of rice from his last meal is something I wish no part of. I do not wish for death of those convicted, for I oppose the death penalty under any circumstances.

For a father who lost a son in such tragic circumstances, I think those words are most telling.

It is also significant in this case that in Indonesia's immediate region most of its near neighbours have abolished the death penalty—Cambodia, the Philippines, Timor Leste, Australia, Papua New Guinea and New Zealand. Until very recently Indonesia has exercised great restraint in the use of the death penalty and has extended clemency, including to foreign nationals. According to The Jakarta Post on 21 December 2014, the previous administration of President Susilo Bambang Yudhoyono helped at least 210 Indonesian citizens to escape the death penalty in China, Iran, Malaysia and Saudi Arabia, thanks in part to Indonesia's unofficial moratorium on executions, between 2008 and 2013. The former Foreign Minister Marty Natalegawa has admitted that Indonesians on death row in overseas locations had benefited from this sensible practice. Bear that in mind. This is what Indonesia did on behalf of its citizens.

Essentially, I am seeking to have the same consideration applied to the case of these two Australians as the Indonesian government sought and gained from other countries in relation to its own citizens. Anything less may, in the eyes of Australians, appear as being hypocritical. Given this, the Indonesian government should understand and appreciate that the Commonwealth of Australia, along with each of its states and territories, has long since abolished the death penalty.

Abolition represents not only the legal position but also the cultural position of this country. In fact, Australia is one of 130 nations that have abolished capital punishment, a trend that many countries around the world are also showing leadership in through their advocacy of human rights.

I strongly align myself with the views of the then Chief Judge of the South African Constitution Court, Ismail Mohamed said:

The death penalty sanctions the deliberate annihilation of life. … It is the last, the most devastating and the most irreversible recourse of the criminal law, involving as it necessarily does, the planned and calculated termination of life itself; the destruction of the greatest and most precious gift which is bestowed on all humankind.

Having met Andrew Chan and Myuran Sukumaran in 2011 in Kerobokan Prison, along with Scott Rush and others, I would like to indicate the nature of the people I saw there. With respect to Andrew Chan, he was part of the way through his theology degree, which he has now completed. He is clearly a devout Christian, and has been providing pastoral services to inmates. The governor of the prison praised his efforts. Myuran Sukumaran was undertaking a fine arts degree and had become an accomplished artist. As a matter of fact, through colleagues of mine, I am aware that the international arts fraternity is preparing to exhibit many of his works. This has all been the product of the rehabilitation system at Kerobokan Prison. That is something I would have thought the Indonesian authorities should have been very proud of. Not only have both men shown genuine remorse for their crime, they have become valued members of the Kerobokan community and are providing a valued role with respect to other prisoners. I encourage the government of Indonesia to take that into account.

The other matter is the fact that the arrest of the Bali Nine back in 2005, and the subsequent proceedings in their trials, all came about initially from an Australian Federal Police investigation and the fact that the Australian Federal Police shared detailed criminal intelligence information with their Indonesian counterparts. Rightly so—we want to have the highest level of cooperation when it comes to law enforcement; but if the Indonesian government maintains its position in relation to the death penalty in this regard, it will make it very difficult for our law enforcement agencies to cooperate with Indonesian law enforcement agencies—and with other law enforcement agencies whose countries have the death penalty—particularly in relation to crimes that may attract capital punishment.

In concluding, I would strongly encourage the Indonesian government to give consideration to the circumstances of Andrew Chan and Myuran Sukumaran, taking into account their rehabilitation and also the suffering they and their families have already experienced. I associate myself fully with the comments of both the foreign minister and the Deputy Leader of the Opposition and encourage the Indonesian government to review its position. (Time expired)

See this speech in context