BANGKOK: Australian Federal Police retain the authority to provide information to foreign police agencies in cases carrying the death penalty, despite an outcry over the imminent executions of Australians Myuran Sukumaran and Andrew Chan in Indonesia.
The AFP can also provide information prior to a person being arrested, charged or convicted of an offence where the death penalty applies without seeking approval of Australia's Attorney-General or another relevant minister.
"The exchange of law enforcement information is a regular and routine part of mutual co-operation," an AFP spokesperson said.
"The AFP cannot limit its co-operation to countries that have similar legal systems as Australia."
The AFP has been strongly criticised for telling Indonesian police precise details about the Bali Nine in April 2005 that led to their arrests on the resort island, including that they were intending to smuggle heroin strapped to their bodies to Australia.
The AFP ignored a specific request from Lee Rush, the father of Bali Nine drug mule Scott Rush, through his lawyer, to stop his son travelling to Bali because he suspected he was going to be involved in drugs there.
Indonesia's president Joko Widodo has rejected pleas of clemency to save the lives of Sukumaran and Chan, who were organisers of the drug mules, and the pair could be executed by firing squad as early as next month.
The police reviewed their guidelines on international-police-to-police assistance after Mr Rush brought a case against the AFP in the Federal Court where Mr Justice Paul Finn ruled the AFP had acted lawfully in the Bali Nine case but recommended the agency review its death penalty guidelines.
The subsequent confidential guidelines, made available under Freedom of Information, reveals that AFP management must consider prescribed factors before providing information in matters with possible death penalty implications, including the seriousness of the suspected criminal activity, the nationality, age and personal circumstances of the person involved and the potential risks to the person, and other persons, in providing or not providing the information.
The AFP must also consider Australia's interest in promoting and securing cooperation from overseas agencies in combating crime and the degree of risk to the person in providing the information, including the likelihood the death penalty would be imposed.
However the AFP must obtain ministerial approval in any case in which a person has been arrested or detained for, charged with, or convicted of an offence that carries the death penalty.
Ministerial approval is also required in circumstances where there has been a formal request from overseas for legal assistance with a criminal investigation or prosecution that involves the possible death penalty.
Ronli Sifris, a lecturer in law at Monash University and an associate at the Castan Centre for Human Rights, wrote in The Age newspaper in Melbourne this week that while the Australian government has been trumpeting its efforts to save Sukumaran and Chan "this is far too little, far too late".
"The AFP provided the information that led to the arrest, prosecution, guilty verdicts and death sentences of two Australian citizens," Dr Sifris wrote.
"If these men are executed, the AFP will have blood on its hands."
The AFP can also provide information prior to a person being arrested, charged or convicted of an offence where the death penalty applies without seeking approval of Australia's Attorney-General or another relevant minister.
"The exchange of law enforcement information is a regular and routine part of mutual co-operation," an AFP spokesperson said.
"The AFP cannot limit its co-operation to countries that have similar legal systems as Australia."
The AFP has been strongly criticised for telling Indonesian police precise details about the Bali Nine in April 2005 that led to their arrests on the resort island, including that they were intending to smuggle heroin strapped to their bodies to Australia.
The AFP ignored a specific request from Lee Rush, the father of Bali Nine drug mule Scott Rush, through his lawyer, to stop his son travelling to Bali because he suspected he was going to be involved in drugs there.
Indonesia's president Joko Widodo has rejected pleas of clemency to save the lives of Sukumaran and Chan, who were organisers of the drug mules, and the pair could be executed by firing squad as early as next month.
The police reviewed their guidelines on international-police-to-police assistance after Mr Rush brought a case against the AFP in the Federal Court where Mr Justice Paul Finn ruled the AFP had acted lawfully in the Bali Nine case but recommended the agency review its death penalty guidelines.
The subsequent confidential guidelines, made available under Freedom of Information, reveals that AFP management must consider prescribed factors before providing information in matters with possible death penalty implications, including the seriousness of the suspected criminal activity, the nationality, age and personal circumstances of the person involved and the potential risks to the person, and other persons, in providing or not providing the information.
The AFP must also consider Australia's interest in promoting and securing cooperation from overseas agencies in combating crime and the degree of risk to the person in providing the information, including the likelihood the death penalty would be imposed.
However the AFP must obtain ministerial approval in any case in which a person has been arrested or detained for, charged with, or convicted of an offence that carries the death penalty.
Ministerial approval is also required in circumstances where there has been a formal request from overseas for legal assistance with a criminal investigation or prosecution that involves the possible death penalty.
Ronli Sifris, a lecturer in law at Monash University and an associate at the Castan Centre for Human Rights, wrote in The Age newspaper in Melbourne this week that while the Australian government has been trumpeting its efforts to save Sukumaran and Chan "this is far too little, far too late".
"The AFP provided the information that led to the arrest, prosecution, guilty verdicts and death sentences of two Australian citizens," Dr Sifris wrote.
"If these men are executed, the AFP will have blood on its hands."
This is all rubbish. On importing Drugs into many Asian countries is a death penalty. When you fly in with your 'merchandise' you still get warned with a clear notice on your Arrival card. Yes?
Posted by Kurt on January 29, 2015 17:35