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ASIA: Australia must respect Indonesian legal system: minister

10 Nov 2008 3:32 PM
By Karen Michelmore

JAKARTA, Nov 10 AAP - Indonesia has urged Australia and other countries to respect its legal system following the executions of three Bali bombers.

Foreign Minister Stephen Smith yesterday said Australia would soon co-sponsor a resolution in the United Nations General Assembly calling for a moratorium.

"We urge countries who continue to apply capital punishment not to do so," he said, just hours after Indonesia executed Amrozi, Mukhlas and Imam Samudra for their roles in the 2002 Bali bombings.

Australia's Labor government did not vocally oppose the bombers' executions, despite its stated opposition to the death penalty.

Prime Minister Kevin Rudd last month said his government remained opposed to capital punishment but would not intervene to oppose executions and wouldonly make special representations on behalf of Australians facing the death penalty.

Indonesia's Foreign Minister Hassan Wirajuda responded to the moratorium announcement by urging Australia to respect its legal system.

"There are differences in the legal systems with Australia and many other countries where the death penalty has been abolished," Wirajuda said.

"We heard that they, Australia, and western countries will try and approachus not to impose the death sentence because the death penalty cannot be accepted by them.

"We understand this because it's been abolished by them.

"But please understand that the death penalty is still a part of our positive law.

"In the end, in relations between states, we must respect each other's legal systems."

Amid the bombers' executions, Australia has been pushing to save three young Australians on death row in Indonesia over the failed Bali Nine heroin smuggling plot.

Amnesty International said the Australian government's failure to call for clemency for the bombers had put the lives of the three Australians - ScottRush, Myuran Sukumaran and Andrew Chan - at risk.

Wirajuda said he understood the concerns of countries whose citizens were on death row.

But he said the Indonesian government could not interfere in the Bali Nine case as their legal cases were ongoing.

"This is what's difficult, because it (the death penalty) is part of our positive law," he said.

"For the Bali Nine, their legal processes haven't finished yet, the SupremeCourt appeal, judicial review, clemency, are not finished yet.

"We as a government cannot interfere."

The three Australians were said to have been affected by the executions of the bombers on Nusakambangan Island, off Central Java.

Security is tight across Indonesia amid fears of potential reprisal attacksand mob violence following the executions.