Aussie Cops Seek Mercy for Bali 9 Drug Smuggler
Made Arya Kencana & AFP
September 16, 2010
From: The Jakarta Globe
Denpasar. The former Australian Federal Police commissioner who passed on intelligence to Indonesian police that helped doom the so-called Bali Nine drug smugglers, asked a court here on Thursday to spare the life of one of the smugglers.
Testifying at the appeal of 24-year-old Scott Rush, Mick Keelty, the former AFP commissioner, told the court that Rush was a "small-time player" and did not deserve his sentence of death by firing squad.
"His [Rush's] role was minimal. He was a courier," Keelty said during the hearing at the Denpasar District Court.
Keelty told the court that as the AFP's top-ranking officer in 2005, he had given the green light on two occasions for information to be passed on to his Indonesian counterparts about the nine Australians who conspired to smuggle 8.2 kilograms of heroin from Bali into Australia.
The Australian, a daily newspaper, reported in August that the AFP asked the Indonesian police in April 2005 to "attempt to keep the group under surveillance, identify the source of the drugs and obtain as much evidence and intelligence as possible to help the AFP nail the organizers in Australia."
The newspaper also reported that four days later, the AFP sent Indonesian authorities another letter containing the "dates, times and flight details of the Bali Nine's return to Australia."
Keelty told the court that the AFP, which was tipped off about the plan by a lawyer working for Rush's father, included intelligence on Rush's "minimal role" and his young age at the time of the foiled drug run.
Rush, whose original life sentence was changed to death on appeal by prosecutors, was 19 years old when he was caught with heroin strapped to his body at Bali's Ngurah Rai International Airport.
"This young man had just gone to Indonesia for the first time. In fact, it was the very first time he ever got out of Australia," Keelty told the court.
Michael Phelan, the current AFP deputy commissioner, told the court that Rush did not have a criminal record in Australia and because it was his first drug offense he would face "less than 10 years" if convicted of the same crime at home.
The hearing was adjourned until Sept. 26.
Rush was not in court on Thursday but last month he publicly apologized to the court and begged for forgiveness. Two other Bali Nine members, Myuran Sukumaran and Andrew Chan, have also launched appeals against their death sentences.
Showing posts with label police cooperation. Show all posts
Showing posts with label police cooperation. Show all posts
Thursday, 16 September 2010
Friday, 15 January 2010
Australia: Alabama seeks death for dive death
Alabama A-G: death penalty 'still on table'
MARISSA CALLIGEROS
From: The Brisbane Times, 14 January 2010
The Attorney General of Alabama has refused to back down from a possible capital murder charge against honeymoon dive killer Gabe Watson, despite knowing Australia will not extradite a person if they may face the death penalty.
Gabe Watson, 32, was convicted this year of manslaughter after leaving his wife of just 11 days, Christine 'Tina' Watson, to drown on the floor of the Great Barrier Reef in 2003 during a scuba diving trip.
Alabama Attorney General Troy King has maintained Watson evaded the full weight of the law under a plea bargain with the Queensland Department of Public Prosecutions and is determined to pursue a capital murder charge against Gabe Watson in the United States.
Alabama authorities believe they can mount a case that Watson plotted and planned the 'murder' in the US state.
"I won't add to the dishonour of [Tina's] memory by allowing Australia's view of what is just to affect what we do," Mr King told Fairfax Radio 4BC today.
"If we become convinced that we can prove a capital murder charge, we will go to an Alabama grand jury and seek the most severe charge."
But under the Australian Extradition Act, a person cannot be deported to face prosecution for a capital offence, unless there was an undertaking that the death penalty would not be carried out.
"One way [to have Watson extradited] would be for Alabama to water down its law the way you have watered down yours," Mr King told 4BC.
"But I believe that for us to seek any punishment and any penalty less than that which we think is appropriate doesn't make matters worse, it compounds what's already a very tragic and sad situation.
"If we get the evidence, and as I am anticipating, [it] does support a [capital murder charge], then of course I'm not going to take it off the table."
But Tina's father Tommy Thomas told brisbanetimes.com.au today he would be disappointed if Mr King's refusal to take the death penalty off the table would see Watson "escape justice again".
"I would be disappointed if something were to allow him to escape extradition and continue to allow him to freely escape a trial by jury," Mr Thomas said.
But Mr Thomas stopped short of calling for Mr King to drop a possible capital murder charge against Watson.
"The fact of the matter is the decision to that end is really not in our hand to begin with," he said.
"What we've always wanted is to see Gabe stand trial for what he was indicted for in Australia."
Yesterday, Acting Police Minister Andrew Fraser said double jeopardy laws and Australia's objection to the death penalty would hamper any attempts to extradite Watson.
Should Australia refuse to extradite Watson, Mr King said "it would remain pending until and unless he returned to the United State voluntarily".
"It's our citizen who went to Australia. It's our citizen who did not come home. It's our citizen who lost their life. And I intend to do everything in my power to see that justice is done by the state of Alabama for citizens of the state of Alabama," he said.
Mr King maintained Queensland authorities had refused to co-operate with the state's prosecutors, although the Queensland Attorney General's department found no record of any formal request from Alabama, "despite an extensive search".
It is understood, however, that a request has been made by Mr King's office to the Queensland Police for the investigation material.
University of Queensland international law expert Professor Andreas Schloenhardt told brisbanetimes.com.au any transmission of investigation material must be made between the Australian and United States federal governments, by way of a formal request.
MARISSA CALLIGEROS
From: The Brisbane Times, 14 January 2010
The Attorney General of Alabama has refused to back down from a possible capital murder charge against honeymoon dive killer Gabe Watson, despite knowing Australia will not extradite a person if they may face the death penalty.
Gabe Watson, 32, was convicted this year of manslaughter after leaving his wife of just 11 days, Christine 'Tina' Watson, to drown on the floor of the Great Barrier Reef in 2003 during a scuba diving trip.
Alabama Attorney General Troy King has maintained Watson evaded the full weight of the law under a plea bargain with the Queensland Department of Public Prosecutions and is determined to pursue a capital murder charge against Gabe Watson in the United States.
Alabama authorities believe they can mount a case that Watson plotted and planned the 'murder' in the US state.
"I won't add to the dishonour of [Tina's] memory by allowing Australia's view of what is just to affect what we do," Mr King told Fairfax Radio 4BC today.
"If we become convinced that we can prove a capital murder charge, we will go to an Alabama grand jury and seek the most severe charge."
But under the Australian Extradition Act, a person cannot be deported to face prosecution for a capital offence, unless there was an undertaking that the death penalty would not be carried out.
"One way [to have Watson extradited] would be for Alabama to water down its law the way you have watered down yours," Mr King told 4BC.
"But I believe that for us to seek any punishment and any penalty less than that which we think is appropriate doesn't make matters worse, it compounds what's already a very tragic and sad situation.
"If we get the evidence, and as I am anticipating, [it] does support a [capital murder charge], then of course I'm not going to take it off the table."
But Tina's father Tommy Thomas told brisbanetimes.com.au today he would be disappointed if Mr King's refusal to take the death penalty off the table would see Watson "escape justice again".
"I would be disappointed if something were to allow him to escape extradition and continue to allow him to freely escape a trial by jury," Mr Thomas said.
But Mr Thomas stopped short of calling for Mr King to drop a possible capital murder charge against Watson.
"The fact of the matter is the decision to that end is really not in our hand to begin with," he said.
"What we've always wanted is to see Gabe stand trial for what he was indicted for in Australia."
Yesterday, Acting Police Minister Andrew Fraser said double jeopardy laws and Australia's objection to the death penalty would hamper any attempts to extradite Watson.
Should Australia refuse to extradite Watson, Mr King said "it would remain pending until and unless he returned to the United State voluntarily".
"It's our citizen who went to Australia. It's our citizen who did not come home. It's our citizen who lost their life. And I intend to do everything in my power to see that justice is done by the state of Alabama for citizens of the state of Alabama," he said.
Mr King maintained Queensland authorities had refused to co-operate with the state's prosecutors, although the Queensland Attorney General's department found no record of any formal request from Alabama, "despite an extensive search".
It is understood, however, that a request has been made by Mr King's office to the Queensland Police for the investigation material.
University of Queensland international law expert Professor Andreas Schloenhardt told brisbanetimes.com.au any transmission of investigation material must be made between the Australian and United States federal governments, by way of a formal request.
Monday, 21 December 2009
Australia: Police guidelines announced
Media Release
INTERNATIONAL LAW ENFORCEMENT COOPERATION
18 December 2009
Attorney-General
Hon Robert McClelland MP
Minister for Home Affairs
Brendan O'Connor MP
Attorney-General, Robert McClelland and Minister for Home Affairs, Brendan O’Connor, today announced a new policy to govern law enforcement cooperation with countries that may apply the death penalty.
Successive Australian Governments have maintained a long-standing policy of opposition to the death penalty and it is appropriate that this position is reflected in our law enforcement practices.
From today, new Australian Federal Police (AFP) guidelines governing police-to-police assistance in possible death penalty cases will take effect.
The new guidelines will require senior AFP management to consider a set of prescribed factors before providing assistance in matters with possible death penalty implications, including:
* the purpose of providing the information and the reliability of that information;
* the seriousness of the suspected criminal activity;
* the nationality, age and personal circumstances of the person involved;
* the potential risks to the person, and other persons, in providing or not providing the information; and
* Australia’s interest in promoting and securing cooperation from overseas agencies in combating crime.
The new guidelines will also require:
* Ministerial approval of assistance in any case in which a person has been arrested, detained, charged with, or convicted of, an offence which carries the death penalty; and
* the AFP Commissioner to report biannually to the Minister for Home Affairs about the number and nature of cases where information is provided to foreign law enforcement agencies in potential death penalty cases.
These changes follow a thorough examination of existing policy and represent a balanced and responsible approach that provides greater clarity and accountability, while maintaining our commitment to combating transnational crime.
A copy of the new AFP Practical Guide on International Police-to-Police Assistance in Potential Death Penalty Situations is attached and available at http://www.afp.gov.au/__data/assets/pdf_file/21096/Guideline_for_international_death_penalty_situation.pdf.
Death penalty rules for Australian police
Police get rules on suspects
JONATHAN PEARLMAN
From The Age
19 December 2009
THE Federal Government has issued guidelines to the Australian Federal Police on co-operating with countries that have the death penalty, including a stipulation that senior police consider a suspect's age, nationality and whether capital punishment is likely to be imposed.
The guidelines could prevent a repeat of the controversy surrounding the Bali nine case in which the AFP passed on information to Indonesian authorities about a group of Australians involved in a heroin smuggling operation in 2005.
This followed a tip-off from Lee Rush, whose son, Scott Rush, is one of the nine. He faces execution.
The guidelines, released yesterday by Attorney-General Robert McClelland and Home Affairs Minister Brendan O'Connor, require ministerial approval for assistance in cases where a person has been arrested and faces the death penalty. Previous guidelines allowed police to co-operate without approval for months in cases - such as the Bali nine - where the suspects had been arrested but not charged.
While ministerial approval is not required before the AFP helps foreign police in investigations, the co-operation must be approved by one of two high-ranking AFP officers who must consider factors such as the seriousness of the crime, the reliability of the information and the degree of risk to the suspect.
Other factors include Australia's interest in securing future co-operation from foreign agencies, the person's personal circumstances and the risk to the person or others of not providing the information.
A spokesman for Mr McClelland said yesterday the guidelines would clear up confusion in cases involving foreign assistance, but would not say whether they would have led to a different outcome in the Bali nine case. ''That is hypothetical,'' he said.
Legal advocates and family members of the Bali nine expressed outrage at the AFP for allegedly reneging on a deal to intervene before the drugs were smuggled.
The former commissioner, Mick Keelty, who retired in September, refused to apologise. He had insisted the AFP could not have arrested the suspects in Australia and would act the same way in future cases.
Mr Rush, who unsuccessfully took legal action against the AFP, said yesterday he did not want to comment. ''There is nothing more to say. Maybe Mr Keelty would like to comment.''
Mr Keelty could not be reached.
Labor MP Chris Hayes, who befriended Scott Rush's parents and has urged Australia to push other countries to abolish the death penalty, welcomed the guidelines.
''Which parent of a 17-year-old has not been concerned about what they are doing and who they are hanging out with?'' he said.
''Lee Rush told me he did what he did knowing his son would probably never talk to him again but he was determined to end his life of crime. But he didn't realise he would be signing his death warrant.''
The AFP said yesterday the guidelines followed consultation with legal and civil rights groups and would provide greater clarity and accountability.
JONATHAN PEARLMAN
From The Age
19 December 2009
THE Federal Government has issued guidelines to the Australian Federal Police on co-operating with countries that have the death penalty, including a stipulation that senior police consider a suspect's age, nationality and whether capital punishment is likely to be imposed.
The guidelines could prevent a repeat of the controversy surrounding the Bali nine case in which the AFP passed on information to Indonesian authorities about a group of Australians involved in a heroin smuggling operation in 2005.
This followed a tip-off from Lee Rush, whose son, Scott Rush, is one of the nine. He faces execution.
The guidelines, released yesterday by Attorney-General Robert McClelland and Home Affairs Minister Brendan O'Connor, require ministerial approval for assistance in cases where a person has been arrested and faces the death penalty. Previous guidelines allowed police to co-operate without approval for months in cases - such as the Bali nine - where the suspects had been arrested but not charged.
While ministerial approval is not required before the AFP helps foreign police in investigations, the co-operation must be approved by one of two high-ranking AFP officers who must consider factors such as the seriousness of the crime, the reliability of the information and the degree of risk to the suspect.
Other factors include Australia's interest in securing future co-operation from foreign agencies, the person's personal circumstances and the risk to the person or others of not providing the information.
A spokesman for Mr McClelland said yesterday the guidelines would clear up confusion in cases involving foreign assistance, but would not say whether they would have led to a different outcome in the Bali nine case. ''That is hypothetical,'' he said.
Legal advocates and family members of the Bali nine expressed outrage at the AFP for allegedly reneging on a deal to intervene before the drugs were smuggled.
The former commissioner, Mick Keelty, who retired in September, refused to apologise. He had insisted the AFP could not have arrested the suspects in Australia and would act the same way in future cases.
Mr Rush, who unsuccessfully took legal action against the AFP, said yesterday he did not want to comment. ''There is nothing more to say. Maybe Mr Keelty would like to comment.''
Mr Keelty could not be reached.
Labor MP Chris Hayes, who befriended Scott Rush's parents and has urged Australia to push other countries to abolish the death penalty, welcomed the guidelines.
''Which parent of a 17-year-old has not been concerned about what they are doing and who they are hanging out with?'' he said.
''Lee Rush told me he did what he did knowing his son would probably never talk to him again but he was determined to end his life of crime. But he didn't realise he would be signing his death warrant.''
The AFP said yesterday the guidelines followed consultation with legal and civil rights groups and would provide greater clarity and accountability.
Friday, 27 July 2007
China handed evidence for murder trial
Chinese officials spent this week in Canberra collecting evidence to prosecute a student for an alleged murder committed in the Australian capital in 2004.
Zhang Long is facing trial in China for the murder of his girlfriend, Zhang Hongjie (also known as Steffi Zhang). Her body was found in their Canberra apartment in January 2005, six months after she was believed to have been strangled.
Police in the Australian Capital Territory (ACT) announced on Thursday that they had handed a brief of evidence and physical exhibits to a visiting delegation of seven police and public security officials.
The handover was the culmination of more than a year's careful negotiation with Chinese authorities.
The ACT government refused to hand over evidence in the case until China gave an undertaking the death penalty would not be imposed if he was convicted of murder. China refused to extradite Zhang to Australia to face trial.
In November 2006 The Canberra Times reported the breakthrough when China agreed to guarantee it would not execute the accused if he was found guilty.
AAP reported Zhang had been in custody in the Chinese city of Dalian since March 2005.
Under Australian law, an international request for assistance in criminal cases can be refused where that assistance may result in the death penalty.
Related stories:
No execution for Canberra murder: Report -- 15 December, 2006
Australia China talks over murder case -- 04 April, 2006
Zhang Long is facing trial in China for the murder of his girlfriend, Zhang Hongjie (also known as Steffi Zhang). Her body was found in their Canberra apartment in January 2005, six months after she was believed to have been strangled.
Police in the Australian Capital Territory (ACT) announced on Thursday that they had handed a brief of evidence and physical exhibits to a visiting delegation of seven police and public security officials.
The handover was the culmination of more than a year's careful negotiation with Chinese authorities.
The ACT government refused to hand over evidence in the case until China gave an undertaking the death penalty would not be imposed if he was convicted of murder. China refused to extradite Zhang to Australia to face trial.
In November 2006 The Canberra Times reported the breakthrough when China agreed to guarantee it would not execute the accused if he was found guilty.
AAP reported Zhang had been in custody in the Chinese city of Dalian since March 2005.
Under Australian law, an international request for assistance in criminal cases can be refused where that assistance may result in the death penalty.
Related stories:
No execution for Canberra murder: Report -- 15 December, 2006
Australia China talks over murder case -- 04 April, 2006
Friday, 15 December 2006
No execution for Canberra murder: Report
China is ready to guarantee it will not execute the suspect in a Canberra murder case, according to a recent report in The Canberra Times.
The newspaper reported on 29 November that Chinese authorities have agreed not to impose the death penalty on Zhang Long if he is convicted of murdering his girlfriend Zhang Hong Jie (also known as Zhang Hongjie or Steffi Zhang).
Her badly decomposed body was found in January 2005 in their apartment in Belconnen, Canberra, several months after she was believed to have been strangled.
According to The Canberra Times, a spokesman for Australia's Justice Minister Chris Ellison said it was likely Zhang would be spared if he was found guilty.
"China has indicated it will give a written undertaking not to apply the death penalty," he said.
Zhang Long has reportedly been held in Chinese custody since 3 March, 2005.
The government of the Australian Capital Territory (ACT) refused to hand over evidence in the case until China gave an undertaking the death penalty would not be imposed.
The ACT Attorney-General Simon Corbell said the government would hand over the evidence once it had received a written undertaking.
"If that commitment is formally given then we would be willing to assist Chinese authorities with prosecution," he said.
"This person is accused of a very serious crime and obviously we need to ensure justice is carried out."
Mr Corbell said the case showed "the importance of insisting the death penalty is unacceptable".
"It reinforces the importance of refusing to be complicit in actions that may lead to the death penalty and shows you can be successful in averting it," he said.
Sensitive negotiations
In June 2005, the Australian Government confirmed it was negotiating with Chinese authorities over the case.
The government confirmed that sensitive negotiations were continuing when Chinese Premier Wen Jiabao visited Australia in April 2006.
Debate in China
In the past year, Chinese legal experts have suggested its death penalty system may need reforming, to ensure suspects in criminal cases can be extradited from countries which oppose the death penalty.
Under Australian law, an international request for assistance in criminal cases can be refused where that assistance may result in the death penalty.
Related story:
Australia China talks over murder case -- 3 April, 2006
The newspaper reported on 29 November that Chinese authorities have agreed not to impose the death penalty on Zhang Long if he is convicted of murdering his girlfriend Zhang Hong Jie (also known as Zhang Hongjie or Steffi Zhang).
Her badly decomposed body was found in January 2005 in their apartment in Belconnen, Canberra, several months after she was believed to have been strangled.
According to The Canberra Times, a spokesman for Australia's Justice Minister Chris Ellison said it was likely Zhang would be spared if he was found guilty.
"China has indicated it will give a written undertaking not to apply the death penalty," he said.
Zhang Long has reportedly been held in Chinese custody since 3 March, 2005.
The government of the Australian Capital Territory (ACT) refused to hand over evidence in the case until China gave an undertaking the death penalty would not be imposed.
The ACT Attorney-General Simon Corbell said the government would hand over the evidence once it had received a written undertaking.
"If that commitment is formally given then we would be willing to assist Chinese authorities with prosecution," he said.
"This person is accused of a very serious crime and obviously we need to ensure justice is carried out."
Mr Corbell said the case showed "the importance of insisting the death penalty is unacceptable".
"It reinforces the importance of refusing to be complicit in actions that may lead to the death penalty and shows you can be successful in averting it," he said.
Sensitive negotiations
In June 2005, the Australian Government confirmed it was negotiating with Chinese authorities over the case.
The government confirmed that sensitive negotiations were continuing when Chinese Premier Wen Jiabao visited Australia in April 2006.
Debate in China
In the past year, Chinese legal experts have suggested its death penalty system may need reforming, to ensure suspects in criminal cases can be extradited from countries which oppose the death penalty.
Under Australian law, an international request for assistance in criminal cases can be refused where that assistance may result in the death penalty.
Related story:
Australia China talks over murder case -- 3 April, 2006
Sunday, 19 November 2006
Another Australian spared in Viet Nam
A fifth Australian national has been spared execution in Viet Nam, rewarding Australian government appeals and its co-operation in joint drug operations.
Australian Foreign Minister Alexander Downer announced this week that the death sentence against Trinh Huu, 53, had been commuted to life imprisonment.
He said Vietnamese President Nguyen Minh Triet commuted Trinh's death sentence following diplomatic representations from the Australian government.
As in previous cases, the Vietnamese government cited humanitarian grounds and their country's good relationship with Australia as reasons for the decision.
Trinh was sentenced to death in December last year for trafficking about 2 kilograms of heroin. He was arrested near the Vietnam-Cambodia border in December 2004.
The Age newspaper reported in February this year that Trinh was arrested by Vietnamese police working with the Australian Federal Police (AFP).
A spokesperson for Justice Minister Chris Ellison confirmed that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".
The AFP has been criticised for its co-operation with Indonesian police, following the April 2005 arrest of a group of Australian citizens known as the "Bali 9". The AFP provided crucial information that led to the monitoring, arrest and prosecution of the group for trying to smuggle 8.3 kilograms of heroin to Australia.
Six members of the Bali 9 have been sentenced to death for drug smuggling offences.
Clemency for foreign nationals
Five Australians have had their death sentences commuted in Viet Nam since 2003. In all five cases the Australian government made strong representations to the government of Viet Nam appealing for the sentences to be commuted.
In February 2006 President Tran Duc Luong commuted the death sentences of two Australians to life imprisonment, citing "humane tradition" and the good bilateral relationship between Australia and Viet Nam. He spared convicted heroin smugglers Mai Cong Thanh, an Australian citizen, and Nguyen Van Chinh, an Australian permanent resident.
The death sentence against Tran Van Thanh, convicted of heroin trafficking, was commuted to life in prison in August 2005 on the basis of humanitarian grounds and the strong relationship between Viet Nam and Australia.
Le My Linh, a 43-year old Sydney woman, was granted presidential clemency in July 2003 following appeals from the Australian government. The president again cited humanitarian grounds when commuting her sentence to life in prison.
Vietnamese citizens have not been so lucky. According to Amnesty International, there were 21 known executions in 2005 and at least 65 people sentenced to death, but "the real number is believed to be much higher".
Related stories:
World Day call for Australian leadership -- 10 October, 2006
UN: Australia should tackle drugs penalty -- 29 September, 2006
Australia's double standards under pressure -- 13 September, 2006
Firing squad for six of Bali nine -- 10 September, 2006
Australian police & the firing squad -- 19 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, Vietnam, Viet Nam, human rights, drugs, drug trade
Australian Foreign Minister Alexander Downer announced this week that the death sentence against Trinh Huu, 53, had been commuted to life imprisonment.
He said Vietnamese President Nguyen Minh Triet commuted Trinh's death sentence following diplomatic representations from the Australian government.
As in previous cases, the Vietnamese government cited humanitarian grounds and their country's good relationship with Australia as reasons for the decision.
Trinh was sentenced to death in December last year for trafficking about 2 kilograms of heroin. He was arrested near the Vietnam-Cambodia border in December 2004.
The Age newspaper reported in February this year that Trinh was arrested by Vietnamese police working with the Australian Federal Police (AFP).
A spokesperson for Justice Minister Chris Ellison confirmed that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".
The AFP has been criticised for its co-operation with Indonesian police, following the April 2005 arrest of a group of Australian citizens known as the "Bali 9". The AFP provided crucial information that led to the monitoring, arrest and prosecution of the group for trying to smuggle 8.3 kilograms of heroin to Australia.
Six members of the Bali 9 have been sentenced to death for drug smuggling offences.
Clemency for foreign nationals
Viet Nam has only executed one foreign national since 1975, when it shot a Canadian woman of Vietnamese origin, Nguyen Thi Hiep, on 25 April 1999.
Five Australians have had their death sentences commuted in Viet Nam since 2003. In all five cases the Australian government made strong representations to the government of Viet Nam appealing for the sentences to be commuted.
In February 2006 President Tran Duc Luong commuted the death sentences of two Australians to life imprisonment, citing "humane tradition" and the good bilateral relationship between Australia and Viet Nam. He spared convicted heroin smugglers Mai Cong Thanh, an Australian citizen, and Nguyen Van Chinh, an Australian permanent resident.
The death sentence against Tran Van Thanh, convicted of heroin trafficking, was commuted to life in prison in August 2005 on the basis of humanitarian grounds and the strong relationship between Viet Nam and Australia.
Le My Linh, a 43-year old Sydney woman, was granted presidential clemency in July 2003 following appeals from the Australian government. The president again cited humanitarian grounds when commuting her sentence to life in prison.
Vietnamese citizens have not been so lucky. According to Amnesty International, there were 21 known executions in 2005 and at least 65 people sentenced to death, but "the real number is believed to be much higher".
Related stories:
World Day call for Australian leadership -- 10 October, 2006
UN: Australia should tackle drugs penalty -- 29 September, 2006
Australia's double standards under pressure -- 13 September, 2006
Firing squad for six of Bali nine -- 10 September, 2006
Australian police & the firing squad -- 19 February, 2006
To begin, good news in Viet Nam -- 18 February, 2006
death penalty, Vietnam, Viet Nam, human rights, drugs, drug trade
Sunday, 19 February 2006
Australian police & the firing squad
The Australian Federal Police (AFP) has been criticised for its role in the arrest of the Bali 9, providing information to the Indonesian police that led to the arrest of nine Australian citizens for drug smuggling offences.
Two have since been sentenced to death for their role in the plot.
Now the Australian government has confirmed another Australian citizen is facing execution as a result of AFP cooperation in the region.
Huu Trinh, 53, was sentenced to death in Viet Nam for trafficking about 2 kilograms of heroin. He was reportedly arrested on the Vietnam-Cambodia border.
A spokesperson for Australia’s Justice Minister Chris Ellison told The Age newspaper that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".
Amnesty International Australia has called on the government to revise the operational guidelines to ensure Australian police will only provide information where there is a guarantee that the information will not be used to sentence people to death.
Following the death sentences handed down in Bali, Amnesty International said "the Government must review its guidelines for the AFP, to ensure it can work with police in Asia and meet Australia’s international human rights obligations".
Two have since been sentenced to death for their role in the plot.
Now the Australian government has confirmed another Australian citizen is facing execution as a result of AFP cooperation in the region.
Huu Trinh, 53, was sentenced to death in Viet Nam for trafficking about 2 kilograms of heroin. He was reportedly arrested on the Vietnam-Cambodia border.
A spokesperson for Australia’s Justice Minister Chris Ellison told The Age newspaper that Trinh's arrest "was the result of co-operation between Australian and Vietnamese authorities regarding a large drug syndicate".
Amnesty International Australia has called on the government to revise the operational guidelines to ensure Australian police will only provide information where there is a guarantee that the information will not be used to sentence people to death.
Following the death sentences handed down in Bali, Amnesty International said "the Government must review its guidelines for the AFP, to ensure it can work with police in Asia and meet Australia’s international human rights obligations".
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