criticism and complaint, hypocritical and too late
/I have previously written about the impending executions of Australians Myuran Sukumaran and Andrew Chan. A few weeks ago they were executed by Indonesia. Outrage took over my social media newsfeeds and commercial TV stations presentations. I don’t condone the death penalty. But what I have written previously and my thoughts now are not regarding the issue generally, they are regarding this particular case. In my piece back in February I wrote about the selective sympathy the government was showing in the case of Sukumaran and Chan relative to sympathy shown for other Australian citizens overseas. With much government effort and public outrage for months now, the execution of these two Australians has taken place. Whilst I would generally applaud the government and the public for taking a stance for human rights, it mustn’t be hypocritical or misplaced because that will achieve nothing. The “boycott Bali” trend by the Australian public and the tough talk of repercussions by the Australian government will not lead to change for a number of reasons.
Firstly, to have any legitimacy in standing up for human rights and opposing the death penalty this has to be a blanket opposition, not just when it suits you. In international diplomacy, human rights are the most inconsistent concern for nations. They are a moral stance which usually doesn’t bring about economic benefits by discussing them and will only open the flood gates for criticism of ones owns actions. To have any credibility in this area, the Australian government would need to have the conversation regarding the death penalty to the United States when they meet, to China, and put that out in the public, but they haven’t. From the public’s point of view, they should be boycotting the States of the USA that have the death penalty and most certainly for the outrage in this case, boycotting Singapore, Vietnam and Malaysia, countries where the death penalty is imposed for drug offences. I have not seen any comments or trending hashtags for any of those boycotts.
Then there are those that opposing the sentence of death for drug offences, the government and Australian public it seems generally think this is inappropriate. It is probably fine for murderers and definitely ok for terrorists though. Here are a number of reasons why that isn’t a valid argument. Firstly, each country set their laws, and if the laws are not unjust, discriminatory or illegal under international law then the practice is to not intervene. Australia would be the first to say no other country has the right to tell them what to do, I mean we don’t even like the United Nations commenting on our actual unjust and illegal laws and practices. The crime of drug smuggling is a very serious crime under Australian law. The crime committed by Sukumaran and Chan involved conspiracy, organisation of a number of smugglers and a large quantity of drugs. The most serious of drug crimes in Australia will see a term of imprisonment of around 20 years, which is the same amount of time some murderers will get in Australia. Sukumaran and Chan committed this crime knowing the sentence that could be imposed by Indonesia and did it anyway. It is futile to complain after committing a crime that you want a sentence the same as what you should receive in your country, that is not how the legal system works. In Australia each state has their criminal law and sentences. For example, in one state you may receive a definitive sentence of 20 years for murder, you will be released after 20 years, but in Western Australia if convicted of murder there is a mandatory life sentence, with a minimum term set, but that doesn’t mean you get out then, your sentence is life imprisonment. I haven’t heard of someone from another state committing murder in Western Australia and then wanting to be sentenced alike to their native state because the sentence is lower.
Sukumaran and Chan didn’t just make a “mistake”. To claim we have all made mistakes in our lives isn’t a fair comparison, most people will go their whole lives without committing a crime and on a scale of crimes, this one is not merely a mistake. There was planning and conspiracy to commit a serious crime for individual profit. Even if the men were rehabilitated, this is not necessarily a factor if you have a sentence that does not include the consideration of that for the purposes of release and parole. A life sentence without parole or the death penalty are clearly two such sentences.
I would commend discussions about the death penalty. I would love the Australian government to take a stronger stance on human rights nationally, regionally and internationally. But for many reasons this is not the case to do. For over 10 years Sukumaran and Chan faced this penalty. A conversation with Indonesia on many occasions could have occurred and Australia taken steps to communicate with other countries within the region with the same penalty for drug offences. Over 10 years, Australia could have become a champion for human rights more generally in the region and internationally, and created a profile on these issues that was respected and carried the weight to overcome the difficult nature of trying to impose your will on another country. And while I have compassion for Sukumaran and Chan and their families, I have a difficult time that it is the most concerning matter on the international stage and in the hearts of Australians. The same week the executions took place, the 34th woman was murdered this year in Australia from domestic violence and the Nepal earthquake killed over 8,000 people. Each day there are thousands of children dying in wars in the Middle East. These are all innocent people.