6 February 2015 H.E. Nadjib Riphat Kesoema Indonesian Ambassador to Australia Embassy of the Republic of Indonesia 8 Darwin Avenue Yarralumla ACT 2600 Dear Excellency, We write as parliamentarians from across the political spectrum in Australia to request your

government’s

kind attention to a matter that is of deep concern within our local communities as well as within the global community

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 the imposition of the death penalty. Our fellow Australians, Myuran Sukumarun and Andrew Chan, are presently imprisoned at Kerobokan prison and are facing execution for the crime of drug trafficking. We do not seek to minimise the serious nature of their crime, given the damaging effects of illicit drugs on our societies. We do believe Mr Sukumaran and Mr Chan should be

punished. Indeed, we have the highest respect for Indonesia’s sovereignty and poli

tical independence. Australia abolished the death penalty some years ago and opposition to the death penalty has strong bipartisan and broad public support. We note that the international trend is overwhelmingly away from capital punishment and towards the imposition of lengthy prison sentences for serious crimes, where prisoners can reflect on their mistakes and endeavour to demonstrate remorse and to make amends through rehabilitation and community service. We note that in a case brought by Indonesian citizen Edith Yunita Sianturi, Scott Rush and others in 2007 in the Indonesian Constitutional Court, the validity of the death penalty was upheld by a majority of 6 to 3. It is significant, however, in the current context that the majority judges accepted, on the extensive evidence before them that the death penalty did not deter more than a life sentence or other heavy term of imprisonment. The majority  judges recommended that the death penalty should no longer be the primary form of punishment in Indone

sia, but rather one that is “special or alternative”.

The Court also recommended that the death penalty should be able to be imposed with a

prohibition period of 10 years, so that “if the prisoner shows good behaviour, it can be

 

2

amended to a lifelong sen

tence or imprisonment for life or imprisonment for 20 years”.

 Mr Chan and Mr Sukumaran have now been imprisoned for more than 10 years. Mr Sukumaran and Mr Chan have demonstrated genuine remorse and have become model prisoners, working constructively at Kerobokan not only on their own rehabilitation and reform, but also for that of other prisoners. By reason of their good behaviour, demonstrated rehabilitation and education of other prisoners, both Mr Chan and Mr

Sukumaran come within the Constitutional Court’s recommendation.

 Also, we believe it is significant that both Mr Chan and Mr Sukumaran were only apprehended as a result of the Australian Federal Police providing information to Indonesian Police. Their crime, serious as it was, was intended to impact on Australians in Australia, not Indonesia. Over many years now Indonesian and Australian Federal Police have exchanged intelligence and engaged with each other to address international crime and terrorism. We are committed to ensuring that international police cooperation and intelligence sharing continues in the interests of Indonesia, Australia, and all other nations in the region. Australia values our relationship with Indonesia and wishes to ensure it remains strong.

We note Indonesia’s manifest efforts to honour the Constitutional right to life of

Indonesian citizens, including by helping those many Indonesian citizens facing execution in other countries. We have also welcomed the restraint shown by Indonesia in its application of the death penalty over recent years. Australia has been proud to

consistently support Indonesia’s efforts in these respects and we will continue to do so, as

we oppose and argue against the death penalty wherever and to whomever it is applied. We humbly request that due consideration be given to this letter so that the circumstances of Mr Chan and Mr Sukumaran can be reconsidered in light of their rehabilitation, their

suffering and their families’ suffering, and upon the reasoning of the Indonesian

Constitutional Court, we request that their death sentences be commuted to an appropriate term of imprisonment or that they be deported back to Australia on condition they face the criminal justice system here. It would be greatly appreciated if our views could be conveyed to the appropriate members of the Indonesian government, and to our fellow parliamentarians in the Indonesian national parliament, as soon as possible for urgent consideration in respect of Andrew Chan, Myuran Sukumaran, and others on death row in Indonesia. Yours sincerely,

Philip Ruddock MP,

Chief Government Whip

Chris Hayes MP,

Chief Opposition Whip

Federal Member for Berowra, NSW Federal Member for Fowler, NSW

 

3 Craig Laundy MP Melissa Parke MP Federal Member for Reid, NSW Federal Member for Fremantle, WA Brett Mason Warren Snowdon MP Senator for Queensland Federal Member for Lingiari, NT On behalf of

Philip Ruddock MP, Federal Member for Berowa, NSW Chris Hayes MP, Federal Member for Fowler, NSW Craig Laundy MP, Federal Member for Reid, NSW Melissa Parke MP, Federal Member for Fremantle, WA Brett Mason, Senator for Queensland Warren Snowdon MP, Federal Member for Lingiari, NT Laurie Ferguson MP, Federal Member for Werriwa, NSW Catherine King MP, Federal Member for Ballarat, VIC Julie Collins MP, Federal Member for Franklin, TAS Tony Zappia MP, Federal Member for Makin, SA Alan Griffin MP, Federal Member for Bruce, VIC Sue Lines, Senator for Western Australia Matthew Canavan, Senator for Queensland Janet Rice, Senator for Victoria Andrew Giles MP, Federal Member for Scullin, VIC Catryna Bilyk, Senator for Tasmania Claire Moore, Senator for Queensland Senator Whish-Wilson, Senator for Tasmania Andrew Leigh MP, Federal Member for Fraser, ACT Nova Peris, Senator for Northern Territory Jacinta Collins, Senator for Victoria Sarah Hanson-Young, Senator for South Australia Kelvin Thomson MP, Federal Member for Wills, VIC Louise Markus MP, Federal Member for Macquarie, NSW Carol Brown, Senator for Tasmania Maria Vamvakinou MP, Federal Member for Calwell, VIC Senator Christine Milne, Senator for Tasmania Sharon Bird MP, Federal Member for Cunningham, NSW Anna Burke MP, Federal Member for Chisholm, VIC Jan McLucas, Senator for Queensland Graham Perrett MP, Federal Member for Moreton, QLD Melissa Price MP, Federal Member for Durack, WA Wayne Swan MP, Federal Member for Lilley, QLD Richard Di Natalie, Senator for Victoria