Judi Moylan (Pearce, Liberal Party) Share this | Link to this | Hansard source

My question is addressed to the Minister for Foreign Affairs. Would the minister outline to the House representations the government has made regarding the nine Australians facing serious penalties for alleged drug offences in Bali this week.

Alexander Downer (Mayo, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

First, I thank the honourable member for Pearce for her question and for her interest. In answering her question, let me begin by saying that the government has over and over made it clear that drug trafficking within Australia is an extremely serious offence; drug trafficking overseas, though, can bring even more severe penalties than in Australia, including life sentences and, in some cases, as we know from the tragic case of Van Nguyen in Singapore, death sentences.

Yesterday the Denpasar District Court sentenced Renae Lawrence and Scott Rush to life in prison. We expect that another four Australians will hear their verdicts today and I understand that we will hear the remaining three verdicts tomorrow. Following the verdicts at the District Court in Denpasar, defendants can appeal. They can appeal to the Bali High Court and, if they are not satisfied with that appeal, they can subsequently appeal to the Indonesian Supreme Court.

While a life sentence in Bali means just that, it does not in all cases mean imprisonment for the duration of a person’s natural life. After five years of a life sentence, a prisoner who has shown good behaviour can apply for the sentence to be changed to a fixed term sentence. If that is granted, the longest term the prisoner can be required to serve is a further 15 years. Honourable members will be interested to know that.

On 18 December last year, I wrote to the Indonesian Attorney-General, reminding him that the Australian government was opposed to the death sentence and that, in the context of the Bali nine, we did not want to see any of the Australians sentenced to death. I noted, of course, that we fully respected Indonesia’s courts, the independence of those courts and the sovereign right of Indonesia to impose strong penalties against drug traffickers. And, of course, in broad principle, we agree that there should be tough penalties on drug trafficking. But, at the same time, the Australian government has a longstanding policy of opposition to the death penalty and the Australian government will always endeavour to ensure that Australians, when they are abroad, do not suffer the death penalty.

Our embassy in Jakarta has also made representations, along similar lines, to the foreign minister and the Deputy Attorney-General. I understand that our Attorney-General and his colleague the Minister for Justice and Customs wrote to the Indonesian Attorney-General on two occasions, and certainly as late as January. We will always make representations on behalf of Australian citizens who are given the death penalty. We will always seek clemency on their behalf. It is important that the House understands that.

Finally, let me say this, because I know that a lot of members will be interested in it. We have been discussing with the Indonesian authorities a prisoner exchange agreement. These discussions are in an early stage. Let me remind the House that similar negotiations with Thailand took five years. With Indonesia I hope that the negotiations will take nothing like five years, but they could take time. Of course, we as a government should continue to do our best to make sure we can negotiate a satisfactory agreement. What implications such an agreement would have for people currently in jail in Indonesia we do not know yet, because those negotiations are still under way.

These cases are tragic, but they are a very stark, very harsh reminder to people that trafficking in drugs is a very serious offence, and in Asia it brings extremely severe penalties, sometimes including the death penalty. Our consular officers will do all they can to continue to visit the prisoners regularly and provide support for as long as it is needed.