VOA常速英语2007-Indonesian Court Supports Death for Drug Offense

By Trish Anderton
Jakarta
30 October 2007

Indonesia's constitutional court has upheld capital punishment for drug traffickers. The verdict came in an appeal filed by members of the so-called Bali nine - Australians convicted in a heroin¹ case two years ago. Trish Anderton reports from Jakarta.

The court found that a constitutional clause supporting the right to life did not prevent the state from executing people for serious crimes. The ruling went against Australians Myuran Sukumaran, Andrew Chan and Scott Rush, who are facing execution for their convictions on heroin smuggling² charges.

A lawyer for Rush, Robert Khuana, says the decision is not completely bad for his client. Rush was convicted of being a drug mule³ - carrying the drugs - and his legal team is arguing the death penalty is excessive.

Robert Khuana says six of the nine judges specified⁴ that courts must be selective and careful in their consideration of capital cases.

 

"It is not so bad," said Khuana. "Not so bad because according to us it is not selective and not careful in the consideration."

The ruling also stated that foreigners do not have legal standing⁵ to challenge Indonesian laws.

Andrew Sriro is a lawyer in Jakarta and writes an annual guide to Indonesian law.

He says if this is true, it will cripple foreigners' ability to defend themselves in Indonesian courts. Sriro thinks the ruling could affect a broad range of legal proceedings⁶, from business disputes to criminal cases.

"I think this is a draconian⁷ ruling that is a significant setback⁸ for the rule of law in Indonesia and the security of foreigners residing in or doing business in Indonesia," said Sriro.

Indonesia, like several Southeast Asian countries, has very strict laws against drug use and smuggling.

The Bali nine were caught trying to smuggle⁹ more than eight kilograms of heroin from Bali to Australia in 2005. Six members of the group are facing the death penalty, while two got life sentences. The only female member was sentenced to 20 years in prison.

Even a ruling finding the death penalty unconstitutional would not have automatically saved the men's lives, because the constitutional court does not have the power to overturn sentences. The three convicted traffickers hoped to use a favorable decision as part of their final appeals.

Australia has said it will appeal for clemency¹⁰ for the nine once all legal avenues have been exhausted¹¹.

At the end of last year, 37 foreigners were on Indonesia's death row, most for drug offenses¹².

1 heroin   

n.海洛因

参考例句：

• Customs have made their biggest ever seizure of heroin.海关查获了有史以来最大的一批海洛因。
• Heroin has been smuggled out by sea.海洛因已从海上偷运出境。

2 smuggling   

n.走私

参考例句：

• Some claimed that the docker's union fronted for the smuggling ring.某些人声称码头工人工会是走私集团的掩护所。
• The evidence pointed to the existence of an international smuggling network.证据表明很可能有一个国际走私网络存在。

3 mule   

n.骡子，杂种，执拗的人

参考例句：

• A mule is a cross between a mare and a donkey.骡子是母马和公驴的杂交后代。
• He is an old mule.他是个老顽固。

4 specified   

adj.特定的

参考例句：

• The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
• It is generated by some specified means. 这是由某些未加说明的方法产生的。

5 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

6 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

7 draconian   

adj.严苛的；苛刻的；严酷的；龙一样的

参考例句：

• You can't expect the people to obey such draconian regulations.你不能指望人民服从如此严苛的规定。
• The city needs a draconian way of dealing with robbers.这个城市需要一个严苛的办法来对付强盗。

8 setback   

n.退步，挫折，挫败

参考例句：

• Since that time there has never been any setback in his career.从那时起他在事业上一直没有遇到周折。
• She views every minor setback as a disaster.她把每个较小的挫折都看成重大灾难。

9 smuggle   

vt.私运；vi.走私

参考例句：

• Friends managed to smuggle him secretly out of the country.朋友们想方设法将他秘密送出国了。
• She has managed to smuggle out the antiques without getting caught.她成功将古董走私出境，没有被逮捕。

10 clemency   

n.温和，仁慈，宽厚

参考例句：

• The question of clemency would rest with the King.宽大处理问题，将由国王决定。
• They addressed to the governor a plea for clemency.他们向州长提交了宽刑的申辨书。

11 exhausted   

adj.极其疲惫的，精疲力尽的

参考例句：

• It was a long haul home and we arrived exhausted.搬运回家的这段路程特别长，到家时我们已筋疲力尽。
• Jenny was exhausted by the hustle of city life.珍妮被城市生活的忙乱弄得筋疲力尽。

12 offenses   

n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势

参考例句：

• It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。 来自《简明英汉词典》
• Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。 来自英汉非文学 - 行政法