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Reprieve expands death-penalty case volunteer program into south-east Asia Reprieve expands death-penalty case volunteer program into south-east Asia
(2 months later)
An Australian anti-death penalty organisation has expanded its volunteer program into south- east Asia, hoping to make a dent in the huge number of cases where people – including Australians – are condemned to die by harsh and occasionally flawed legal systems.An Australian anti-death penalty organisation has expanded its volunteer program into south- east Asia, hoping to make a dent in the huge number of cases where people – including Australians – are condemned to die by harsh and occasionally flawed legal systems.
Reprieve Australia has been sending volunteers – including lawyers, law students, teachers, even firefighters and pilots – to the southern states of the US for over 10 years to assist on death penalty cases. The self-funded volunteers have been involved in the exoneration of several prisoners.Reprieve Australia has been sending volunteers – including lawyers, law students, teachers, even firefighters and pilots – to the southern states of the US for over 10 years to assist on death penalty cases. The self-funded volunteers have been involved in the exoneration of several prisoners.
Volunteers give their time, experience and support to assist local lawyers and families who don't have access to the money needed in a fight against the death penalty. Duties include investigation, welfare work with families, administration and research, even driving visitors to see the prisoner.Volunteers give their time, experience and support to assist local lawyers and families who don't have access to the money needed in a fight against the death penalty. Duties include investigation, welfare work with families, administration and research, even driving visitors to see the prisoner.
In 2012 alone, 679 death sentences were handed down and 38 executions carried out in the Asia-Pacific region, according to Amnesty International. These numbers are nowhere near the official figure, since China executes more of its citizens than the rest of the world put together, but keeps details secret, as do several other nations.In 2012 alone, 679 death sentences were handed down and 38 executions carried out in the Asia-Pacific region, according to Amnesty International. These numbers are nowhere near the official figure, since China executes more of its citizens than the rest of the world put together, but keeps details secret, as do several other nations.
Despite noting "positive developments" in the region, Amnesty's 2012 report found "some individuals were sentenced to death on the basis of evidence extracted through torture and other ill-treatment".Despite noting "positive developments" in the region, Amnesty's 2012 report found "some individuals were sentenced to death on the basis of evidence extracted through torture and other ill-treatment".
It is because of these injustices that Melbourne-based Reprieve decided to move into the region. The organisation currently has volunteers in Malaysia, Thailand and Indonesia.It is because of these injustices that Melbourne-based Reprieve decided to move into the region. The organisation currently has volunteers in Malaysia, Thailand and Indonesia.
"It seemed obligatory to us to pursue that work in our region," Reprieve's president, Matthew Goldberg, told Guardian Australia."It seemed obligatory to us to pursue that work in our region," Reprieve's president, Matthew Goldberg, told Guardian Australia.
"The US program will still continue because there's been success there and we want to see the teams that we support continue to be supported – but there had been that nagging sense of obligation to understand whether there was the same opportunity in our region," Goldberg said."The US program will still continue because there's been success there and we want to see the teams that we support continue to be supported – but there had been that nagging sense of obligation to understand whether there was the same opportunity in our region," Goldberg said.
Melbourne criminal lawyer Sara Da Motta is currently in Thailand, working with a civil liberties organisation on behalf of Reprieve Australia on death penalties handed down to four southern Thai nationals convicted of terrorist attacks related to the country's intensified insurgency.Melbourne criminal lawyer Sara Da Motta is currently in Thailand, working with a civil liberties organisation on behalf of Reprieve Australia on death penalties handed down to four southern Thai nationals convicted of terrorist attacks related to the country's intensified insurgency.
"[The work] is about publicising some of the issues that have led to that and telling a story that people can relate to with these four people who are now sentenced to death," Da Motta said."[The work] is about publicising some of the issues that have led to that and telling a story that people can relate to with these four people who are now sentenced to death," Da Motta said.
"There's legislation in place which allows the people to be detained without charge and that also means that a lot of people that are detained under those laws are actually subject to torture and forced conditions.""There's legislation in place which allows the people to be detained without charge and that also means that a lot of people that are detained under those laws are actually subject to torture and forced conditions."
Da Motta said she has discovered stark differences between the Thai legal system and Australia's. In Thailand there is no duty of disclosure, which is something we "take for granted. They will not find out about which witnesses the prosecution will call until the day of the trial, for example. The right to know the case against you, that doesn't really exist here, and it certainly significantly impacts on the sort of preparation they can do before the day."Da Motta said she has discovered stark differences between the Thai legal system and Australia's. In Thailand there is no duty of disclosure, which is something we "take for granted. They will not find out about which witnesses the prosecution will call until the day of the trial, for example. The right to know the case against you, that doesn't really exist here, and it certainly significantly impacts on the sort of preparation they can do before the day."
Inadequate legal representation is common in death penalty cases across the world.Inadequate legal representation is common in death penalty cases across the world.
Richard Bourke, director of the Louisiana Capital Assistance Centre, which hosts Reprieve volunteers, said people facing the death penalty in the US and also south east Asia were frequently very poor, and a defence was expensive to investigate and mount.Richard Bourke, director of the Louisiana Capital Assistance Centre, which hosts Reprieve volunteers, said people facing the death penalty in the US and also south east Asia were frequently very poor, and a defence was expensive to investigate and mount.
"That money has not been available, even with volunteer lawyers for instance agreeing to assist some folks, like foreign nationals," Bourke said."That money has not been available, even with volunteer lawyers for instance agreeing to assist some folks, like foreign nationals," Bourke said.
"It's all well and good if you're a foreign national but if you're just another poor bloke from south-east Asia who's caught up in Singapore or Indonesia then you don't have QCs from Melbourne or Sydney going over to represent you. But their lives are as worthy or worthwhile as any British or Australian citizen.""It's all well and good if you're a foreign national but if you're just another poor bloke from south-east Asia who's caught up in Singapore or Indonesia then you don't have QCs from Melbourne or Sydney going over to represent you. But their lives are as worthy or worthwhile as any British or Australian citizen."
This is where the volunteers like Reprieve members come in.This is where the volunteers like Reprieve members come in.
"When you don't have access to money, what people can give is their commitment, their time and their legal help," Bourke said."When you don't have access to money, what people can give is their commitment, their time and their legal help," Bourke said.
Two Australians remain on death row in south-east Asia. Andrew Chan and Myuran Sukumaran are two of the so-called Bali Nine – the Australians jailed in Indonesia for attempting to smuggle 8.9kg of heroin out of the country in 2005. That same year, 25-year-old Melbourne man, Van Nguyen, was executed in Singapore for drug trafficking.Two Australians remain on death row in south-east Asia. Andrew Chan and Myuran Sukumaran are two of the so-called Bali Nine – the Australians jailed in Indonesia for attempting to smuggle 8.9kg of heroin out of the country in 2005. That same year, 25-year-old Melbourne man, Van Nguyen, was executed in Singapore for drug trafficking.
Chan and Sukumaran are currently on death row in Kerobokan prison in Bali. They are among the estimated 130 people who were on death row in Indonesia at the end of 2012.Chan and Sukumaran are currently on death row in Kerobokan prison in Bali. They are among the estimated 130 people who were on death row in Indonesia at the end of 2012.
Their case for clemency has a lot of traction, not least because of the Mercy campaign started by members of Reprieve and supported by the two Australians' families and friends.Their case for clemency has a lot of traction, not least because of the Mercy campaign started by members of Reprieve and supported by the two Australians' families and friends.
"We've been working with Amnesty International Australia to ensure that the Australian government does all that it can to support their application for clemency," Goldberg said."We've been working with Amnesty International Australia to ensure that the Australian government does all that it can to support their application for clemency," Goldberg said.
But most people on death row can't even hope to rely on international assistance and publicity.But most people on death row can't even hope to rely on international assistance and publicity.
Reprieve is aware that the work they undertake is about trying to help people – not just Australians – who are on death row, said Australian barrister Julian McMahon, who has worked and continues to work on a number of death penalty cases, including those of Chan and Sukumaran.Reprieve is aware that the work they undertake is about trying to help people – not just Australians – who are on death row, said Australian barrister Julian McMahon, who has worked and continues to work on a number of death penalty cases, including those of Chan and Sukumaran.
"Reprieve understands a critical aspect of this which is that this new step they're taking must have nothing to do with the citizenship of the people they're trying to help," he told Guardian Australia."Reprieve understands a critical aspect of this which is that this new step they're taking must have nothing to do with the citizenship of the people they're trying to help," he told Guardian Australia.
The role of Reprieve, said McMahon, is to work with the locals and to open doors to research, support and ideas, and to empower local lawyers and advocates to argue for the hundreds of people on death row in Asia.The role of Reprieve, said McMahon, is to work with the locals and to open doors to research, support and ideas, and to empower local lawyers and advocates to argue for the hundreds of people on death row in Asia.
He said: "For many years young lawyers on their way to America have often chatted to me about the death penalty and the kind of step that they're taking and I've regularly said to them – apart from supporting what they do – 'we need people like you working in Asia', just as much as America needs people working on its own death penalty cases."He said: "For many years young lawyers on their way to America have often chatted to me about the death penalty and the kind of step that they're taking and I've regularly said to them – apart from supporting what they do – 'we need people like you working in Asia', just as much as America needs people working on its own death penalty cases."
Da Motta leaves Thailand at the end of this week. She said her time working on behalf of Reprieve had been "eye-opening".Da Motta leaves Thailand at the end of this week. She said her time working on behalf of Reprieve had been "eye-opening".
"It's been fascinating. I've loved the people I've been working with – all really passionate human rights defenders – and being exposed to the differences in the legal systems, I suppose it really makes you realise how lucky we are in Australia.""It's been fascinating. I've loved the people I've been working with – all really passionate human rights defenders – and being exposed to the differences in the legal systems, I suppose it really makes you realise how lucky we are in Australia."
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