Legal and Non-Legal Responses (HSC SSCE Legal Studies): Revision Notes

Legal and Non-Legal Responses

Legal responses

The Indonesian justice system

Indonesia's legal system originated from Dutch colonial law and follows the European inquisitorial model, which differs significantly from Australia's adversarial system. Understanding these differences is crucial for analysing the Bali Nine case.

In Indonesian courts, there are no juries. Instead, cases are presided over by a panel of $3$ to $5$ judges who both lead the questioning and decide the verdict. This gave the Indonesian judges in the Bali Nine trials significant control over proceedings and outcomes.

The trials in Denpasar District Court

Prosecution strategy

The Indonesian prosecutors adopted a uniform approach by charging all nine defendants with the same offence: "exporting narcotics as part of an organisation". This charge carried the death penalty, regardless of each person's specific role in the operation. The prosecution's key strategy was to encourage co-accused members to testify against each other, creating divisions within the group.

Defence strategies: the drug mules

The four drug mules (Lawrence, Czugaj, Rush and Stephens) maintained a consistent defence from their arrest through trial. They claimed they had no knowledge of the true purpose of their Bali trip until it was too late, and that they had been threatened and coerced by the ringleaders, Chan and Sukumaran. During testimony, the four mules supported each other's accounts, presenting a united front.

Defence strategies: the ringleaders and others

Chan, Sukumaran, Norman, Chen and Nguyen adopted a different strategy, denying any involvement or knowledge about the drugs. When called to testify, all five refused to give evidence, stating they were suspects in the same case. When confronted with the drug mules' accusations, they issued blanket denials.

Sentencing outcomes

The prosecutors were harsh in their condemnation of Chan and Sukumaran. They described Sukumaran as evasive and undeserving of leniency, demanding the death penalty. Chan was characterised as the "driving force" of the operation who failed to cooperate and gave confusing evidence, also warranting the death sentence in the prosecution's view.

Judge Supratman ruled there were no mitigating factors to lessen the sentences and made the controversial comparison that "a drug dealer was as bad as a terrorist". Consequently:

• Chan and Sukumaran: Death by firing squad (first Australians in history sentenced to death in Indonesia)
• Norman, Chen and Nguyen: Life imprisonment

The Melasti Group trials

The final three members tried were the "Melasti Group" (arrested at Melasti Beach Bungalows). Although the evidence against them was more circumstantial, it suggested Chen and Norman were positioned to be the next drug mules when the subsequent heroin shipment arrived from Thailand. All three claimed they were in the wrong place at the wrong time. When asked about regrets, they expressed remorse, but when asked about guilt, they denied it. All three received life sentences.

Imprisonment and rehabilitation at Kerobokan Prison

Initial detention

Following arrest, the nine Australians were initially held at Polda Jail cells. Chan and Sukumaran were separated from the other seven due to claims that some members feared the "ringleaders". Eventually, all nine were transferred to Kerobokan Prison on $28$ July $2005$. The eight males were housed in the maximum-security "tower block", while Lawrence was placed in the female prisoners' block.

Prison transformation under Ilham Djaya

In $2005$, Kerobokan Prison had a notorious reputation for corruption and poor conditions. However, the facility underwent significant transformation under Governor Ilham Djaya (until April $2008$). His reforms focused on two key priorities:

Living conditions for the Bali Nine

Within the tower block, the eight male prisoners were granted some autonomy to reconfigure and redecorate their cells. They installed gym equipment and Sukumaran set up a screen-printing machine. During daytime hours, they had freedom of movement throughout the prison, not just confined to the tower.

Remarkably, despite the four drug mules having testified against Chan and Sukumaran during trials, all eight men maintained positive relationships. Reports indicated that Chan and Sukumaran demonstrated kindness to their fellow Bali Nine prisoners, contradicting the prosecution's portrayal of them as threatening ringleaders.

Personal development and transformation

Andrew Chan became a motivational figure, constantly encouraging the men to remain active and engaged rather than becoming passive. He developed an engaging personality that attracted regular visitors who attested to his positive transformation.

Myuran Sukumaran discovered and developed significant artistic talent, becoming not just an accomplished artist but also a mentor to other prisoners. His artwork demonstrated his personal growth and rehabilitation.

The appeals process

Court structure in Indonesia

Understanding the Indonesian court hierarchy is essential for analysing the Bali Nine appeals:

1. Denpasar District Court (trial court)
2. Bali High Court (first appeal)
3. Supreme Court (final appeal court for legal questions, oversees $68$ high courts across Indonesia)
4. Constitutional Court (same standing as Supreme Court, addresses constitutional matters)

Timeline of appeals ($2006$-$2015$)

All Bali Nine members exhausted the appeals process, though appeals carried significant risk as sentences could be increased as well as decreased.

$26$ April $2006$ – Bali High Court

• Chan and Sukumaran's death sentences confirmed

$27$ April $2006$ – Bali High Court

• Chen, Czugaj, Lawrence, Nguyen and Norman: life sentences reduced to $20$ years' imprisonment
• Rush and Stephens: life sentences upheld

$6$ September $2006$ – Supreme Court

• "Melasti Three" and Rush: death penalty imposed (prosecution appealed the Bali High Court's sentence reductions)
• Chan and Sukumaran: death sentences upheld
• Stephens: life sentence upheld
• Czugaj: life sentence reinstated

$3$ May $2007$ – Constitutional Court

• Rejected constitutional challenge against death penalty for drug trafficking (brought by Chan, Rush and Sukumaran)

$6$ March $2008$ – Supreme Court

• Final appeal (Peninjauan Kembali or "PK")
• "Melasti Three": death sentences reduced to life imprisonment

$10$ May $2011$ – Supreme Court

• Rush: death sentence reduced to life imprisonment

$10$ May and $6$ July $2011$ – Supreme Court

• Chan and Sukumaran: appeals against death penalty dismissed

Presidential appeals ($2012$-$2015$)

• $13$ May and $9$ July $2012$: President Susilo Bambang Yudhoyono rejected pardon appeals
• December $2014$ and January $2015$: President Joko Widodo rejected clemency appeals
• January $2015$: Denpasar District Court rejected judicial review application
• $9$ February $2015$: Challenge against President Widodo's pardon refusal dismissed
• $6$ April $2015$: Indonesian Administrative Court rejected appeal against clemency refusal ruling

Final outcomes

After exhausting all legal avenues:

• Six members: serving life imprisonment
• One member: serving $20$ years' imprisonment
• Chan and Sukumaran: executed by firing squad on $29$ April $2015$

Non-legal responses

Public campaign for mercy

Shift in political climate

Although Chan and Sukumaran's July $2012$ appeal failed, there was initially no urgency about executing the death sentences. This changed dramatically in October $2014$ with the election of President Joko Widodo, who campaigned on taking a hard line against drug smugglers. His December $2014$ statement that no mercy would be shown to drug dealers marked a turning point that galvanised public campaigning efforts.

Transformation of public opinion

By $2014$-$2015$, Australian public opinion had shifted significantly from $2005$. The Australian public now perceived Chan and Sukumaran as "quietly spoken and thoroughly reformed men" rather than dangerous criminals. This transformation reflected:

• Evidence of their rehabilitation in prison
• Their positive contributions to prison life and other inmates
• Their personal development and remorse
• The passage of time allowing for genuine change

The Mercy Campaign

The Mercy Campaign became the focal point of efforts to save Chan and Sukumaran. Key features included:

Broader public support: Radio broadcasters, news commentators, journalists, actors and musicians all contributed their voices to the campaign, creating widespread media attention and public discourse.

Vigils: On $29$ April $2015$, when all hope was exhausted, people gathered in Australia and Bali for all-night vigils until the executions, demonstrating sustained public engagement with the case.

International diplomacy

Government-level interventions

The Australian government made multiple diplomatic attempts to prevent the executions:

January $2015$: Prime Minister Tony Abbott made a direct personal appeal to President Widodo requesting mercy for Chan and Sukumaran.

$5$ March $2015$: Foreign Minister Julie Bishop attempted a prisoner exchange, offering to repatriate three Indonesian drug criminals to Indonesia in return for sparing Chan and Sukumaran's lives. This unprecedented offer demonstrated the Australian government's commitment to saving the two men.

Diplomatic consequences

The executions had significant diplomatic ramifications for Australia-Indonesia relations:

Memorial initiatives

Australian Catholic University scholarships

Professor Gregory Craven, Vice-Chancellor of the Australian Catholic University (ACU) and co-founder/spokesman of the Mercy Campaign, established two scholarships in memory of Chan and Sukumaran. The scholarships demonstrate an attempt to create positive outcomes from tragedy.

Scholarship details:

• Available to Indonesian undergraduate students
• Full tuition equivalent for up to four years
• Can be used at any ACU campus
• Awarded based on essays about the sanctity of human life

This initiative serves multiple purposes:

• Honours the memory of Chan and Sukumaran
• Promotes education and opportunity for Indonesian students
• Advocates against the death penalty
• Strengthens Australia-Indonesia educational ties
• Encourages reflection on human rights and justice

Broader anti-death penalty campaigns

The case motivated many people to campaign for complete abolition of the death penalty globally. The memorials and ongoing advocacy demonstrate how individual cases can catalyse broader social justice movements and human rights discourse.

Remember!