Chan and Sukumaran

Amnesty International rang me this afternoon asking me to attend a vigil for Andrew Chan and Myuran Sukumaran, who are likely to be executed in Indonesia in the next couple of weeks. I am an Amnesty member and against the death penalty, so it should be a no-brainer. I probably will be there.

But I feel very conflicted about it. Here is why.

Indonesia's sovereignty. The Republic of Indonesia has always had the death penalty, and they have used it regularly since 1973. People inside and outside the country can pressure them to repeal it for all the excellent reasons that apply everywhere else too. And of course in this particular case we can appeal for clemency and so on. But we have done those things. Sometimes they may work but in this case the President of the country has considered it and declined.

The big picture. I want the death penalty repealed in Indonesia. Bashing Joko Widodo over the head with the specifics of this case – the involvement of the AFP, the rehabilitation efforts of the men, their distraught families – none of that will actually help push Indonesia to repeal.

Collateral damage.  In pushing Indonesia to repeal, we need to pick our battles. It’s like selecting a test case to take to court. You may be one of many victims of a criminal, but yours is not the clearest case. The police take another case to court knowing that they have a better chance for conviction. Your own case may never be heard, you are just collateral damage in a larger war. If people in Australia would like test the death penalty in Indonesia, maybe take a wider interest in Indonesian justice. We hear that its corrupt, patchy, painfully slow. Maybe more Australians could get behind an international organisation like Amnesty that tries to work within existing frameworks, applying leverage in the most effective way. You can bet that there are dozens of Indonesian citizens on death row whose convictions were not so cut and dried. I’d rather devote my efforts to having their cases re-examined, saving them and demonstrating the pitfalls of the death penalty, anywhere, for anyone. These Australians may just be collateral damage in a longer struggle.

Consistency. [Take away the death penalty for a second.] If you want to intervene to change their sentence, is it because they are Aussies? Because they are sorry? Because they were dudded by the AFP? Because they lead prayer groups and painting classes?  I don’t feel like I want to change someone’s sentence on that basis. They were guilty, they did a terrible thing and dragged seven others down with them. Rehab is great, good for them, but it was not a hard thing to choose. For me they can rot in jail. [OK, bring back the death penalty.] Now I have to act whether I like it or not. I argued against death for the Bali bombers. Even for Russell Brewer. But I am pretty sure Alan Jones wasn't on my side then.

Talking to Americans about capital punishment

We used to execute people here in Australia too - but we don't anymore. Like slavery, race and sex discrimination, execution is an abhorrent leftover of a earlier time. I am an opponent of the death penalty in all forms, for all crimes. Not everyone shares this view.

Today's execution in Georgia of Troy Davis might be the wake-up call to some Americans to seek the repeal of the death penalty. I do not know if Davis was innocent or guilty, but having a read a bit about the case, can anyone say there was no doubt? The political nature of the appeal process is simply disgusting, and an embarrassment to a country that seeks to lead the world in its dedication to fairness, justice and equality.

In today's news, new DNA evidence casts doubt on the guilt of the last man executed when George W. Bush was governor of Texas. If none of the humanitarian arguments for repeal make a difference to you, at least consider this: governments make mistakes. Please remove from their control the capacity to mistakenly kill someone. Join the NOT IN MY NAME campaign to repeal the death penalty across America.

But what about someone who is 100% guilty of the most depraved murder? Such as Lawrence Russell Brewer, executed yesterday in Texas for the murder of James Byrd Jr, dragged behind a truck to his death just because he was black? The victim's son said "You can't fight murder with murder … Life in prison would have been fine. I know he can't hurt my daddy anymore. I wish the state would take in mind that this isn't what we want." If he can forgive his father's murderer, what gives you or Governor Rick Perry or anyone else the right to take the man's life?

Countries that still practice capital punishment: Belarus · China · Cuba · Egypt · India · Iran · Israel · Japan · Malaysia · Mongolia · North Korea · Pakistan · Saudi Arabia · Singapore · South Korea · Taiwan  · Tonga · United States · Vietnam

Remove your country from this list. Join the NOT IN MY NAME campaign to repeal the death penalty across America.