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Schapelle Corby Supporter
updates - April 2006
An Australian detained in Indonesia ~ Fighting injustice!
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Welcome,
Greetings.
This April update will give you a brief overview of what the Schapelle Supporters have done recently to keep high level support going for Schapelle Corby, an Australian citizen detained in Kerobokan prison [Bali] since her arrest on October 8, 2004.
Schapelle was convicted of drug trafficking in the absence of a fair trial and sentenced 20 years imprisonment on 27 May 2005.
Schapelle Corby is a kind, compassionate young woman, a loving sister, a loyal friend and faithful daughter. Schapelle does not deserve to be where she is.
Schapelle is Innocent!
Evidence Destroyed
On Friday 17 March 2006, all of the evidence in the Schapelle Corby case was destroyed by the Indonesian Authorities, despite numerous requests from both Schapelle and her lawyers, to have the evidence forensically tested. This action was done in spite of the fact that Schapelle Corby still had one final opportunity to appeal her case.
That appeal is currently in process. Schapelle's lawyers continue to raise numerous points of law to the higher judicial authority, in the hope that justice might prevail.
Australia's bungle
As Supporters we now know that according to Australian Senator Chris Ellison, three of 66 cameras in the baggage area in Australia, either had to be repositioned or refocused between October 2004 and May 2005. Media reports have since exposed allegations that teams of Australian baggage handlers, cleaners and other airport workers have been involved in diverting bags containing drugs from international flights to domestic flights in Australia. Reports also point to other "serious security breeches'. Airline workers can be convicted of a crime and keep working in top-level security areas for up to two years in a security screening loophole. News Limited exposed many weaknesses in security at Australian Airports. Head of Qantas security, Geoff Askew admitted there was a two-year gap between the initial security screening of staff and their next security check. CCTV tapes and vital information of Schapelle's airport check-in were erased before they could be viewed. CCTV in Bali was 'conveniently' not operating at the time of her arrival.
Travel Warning
Travellers should be careful when planning their next holiday abroad. There are obviously no guarantees, in this day and age, that your baggage is 100% secure. Schapelle arrived to Denpasar Airport not thinking for a moment that her worst nightmare was about to begin.
Do you think that citing your legal rights will protect you? Schapelle thought so and she was astounded to learn that her rights meant very little in a foreign country. Her demands fell on deaf ears as she insisted the Indonesian authorities wear protective gloves to avoid contaminating what was found in her boogey board bag. Nor did those same authorities bother to finger print her boogey board bag, or test the cannabis as you would expect any law enforcement agency to do. So what hope does anyone have to a fair trial when these basic protocols are not followed? The Australian Government said the Indonesians refused requests by the Australian Federal Police to test the cannabis. Then during the first court hearing, the high court and the supreme court hearing, the lawyers for Schapelle again asked for the cannabis to be tested. The judges refused. Clearly, Schapelle Corby had no chance of a fair trial.
Prisoner Transfer Agreement
Will Schapelle agree to submit an application to return to Australia under the Prisoner Transfer Agreement [PTA] when it is eventually ratified? The short answer is NO! Firstly, the PTA is not in place and could take another few years to ratify. Secondly, Schapelle is innocent and won't willingly submit to returning to Australia labeled a criminal. In doing so, she would automatically be put onto the Australian Correctional Services Database.
Upon return to Australia, she would be sent to a maximum security centre with no guarantees of early transfer to a minimum security centre; or early release from such a lengthy sentence via parole. In any case, for the benefit of Australians who wish to pursue application under future PTA's, we are fully supporting the efforts of the NSW Council of Civil Liberties in that regard.
UN Complaint
As supporters, we have been looking at various options open to Schapelle other than the PTA. We've thought of lodging a complaint to the United Nations under the UN Procedure 1503. In summary, this is a confidential communications procedure. A 'working group' made up of Special Rapporteurs and experts appointed by the Commission on Human Rights would consider, where reasonable, evidence of a consistent pattern of gross violations of human rights has been identified. It allows anyone or any group of persons to report human rights violations to the United Nations even when the case is not covered by a United Nations treaty. It encompasses six treaty bodies and each one monitors how countries implement a specific human rights treaty. Most relevant to Schapelle's case is The International Covenant on Civil and Political Rights [ICCPR] and covers a broad range of civil and political rights ranging from the right to life to the right to a fair trial and the right to non-discrimination. We have undertaken a great deal of research to discover if it would be worthwhile to pursue a complaint of this nature. We conclude that it would not result in her early release from prison and in fact, might further jeopardize her current situation. Indonesia would have the right to present its own submissions on the admissibility and merits of the case, thus further thrusting Schapelle into a more public and possibly more volatile arena. These cases often take several years to reach a resolution.
Of course there are benefits of filing a complaint, if done right; it could reach the highest level of the United Nations. It might also result in significant pressure being brought to bear upon Indonesia to change its laws, policies or practices that infringe internationally guaranteed human rights. But ultimately there are drawbacks. The persons filing the complaint are not informed of decisions taken at the various stages of the process or the reasons for them. Nor are they informed of the Government's responses to the complaint. The procedure can be protracted and there is no provision for urgent measures of protection should the STATE take exception to the complaint. Indeed Schapelle could be at greater risk. Subsequently, the UN cannot over-ride the constitutional protections of sovereignty afforded to a STATE and its government that possesses full control over its own affairs, including courts of law, possessing legal jurisdiction in its own supervision.
We can only continue to make respectful representations and hope that the Indonesian Supreme Court will over turn the findings of the lower court.
What can YOU do?
Keep searching for ways in which these types of issues can be addressed in public forums. There are indeed, too few realistic protections for persons detained overseas.
Educate others of the lessons we have learnt from Schapelle's case. The importance of this is not trivial. We need to become more vocal in seeking from our own Government, greater assurances and protections for our citizens. As we have learnt, there are some who fall through the cracks and suffer great injustices, like Schapelle. So it is plausible that it can happen again and again. Keep supporting Schapelle as she fights for her freedom.
LETTERS and CARE PACKAGES to:
Schapelle Corby C/- LPM Kerobokan Jl.
Tangkuban Perahu Kerobokan,
Denpasar 80117 Bali, INDONESIA
FINANCIAL SUPPORT
It is undoubtedly a heavy burden that befalls Schapelle's family with the cost of airfares, provision of supplies to Schapelle [clean drinking water, food, medicine, clothes and basic needs], and the fine of $14,000 imposed on her by the Indonesian Court. Any offers of financial support are gratefully received. Please make cheques and/or money orders payable to:
Schapelle Corby Trust Account
C/ Schapelle Action Support Group
PO Box 149 Mulgrave VIC 3170 AUST
Please include a stamped, self addressed envelope if you require a return receipt.
Useful links:
Official Website: http://www.freeschapelle.net -
Click Here
Foreign Prisoner Support Service - Click Here
Spirit of Schapelle -
Click Here
Schapelle Freedom Network: Email Here
Bring Her Home -
Click Here
Support from New Zealand -
Click Here
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