Carrera said:
The fact is if your friend was treated in this way specifically due to her appearance or beliefs, she has a legal case under U.S. law. The U.S. constitution opposes racism in the same way as any European country, Australia or Britain. Such abuses if proven, usually entitle a person to compensation.
The same cannot be said for this Australian girl in Indonesia who faces 20 years in prison for possession of an extremely soft drug. There is a huge difference between suffering 24 hours humiliation and 20 years in a Thai or Indonesian jail....
But here is my point:
To me it seems the Australians put their hands in their pockets after the Tsunami disaster and gave a heck of a lot of money to Indonesia out of the goodness of their hearts and basic generosity. Yet when the chips are down, the western tourist who gets into strife in these countries has no access to compensation claims, justice, decent legal representation or the benefit of the doubt. The case itself sounded to me like a set-up under a kangaroo court and the only way to hit back is to take your tourism elsewhere (even Israel sounds like a more civilized alternative).
Better check up on the facts here...
1) Indonesia is a sovereign nation. When you enter Indonesia, you are subject to the laws of that nation. Every nation's laws are different. Walking around with a handgun may be legal in some places in the USA, but would have the TRG evacuating the area if you did it in Australia.
2) Possession of cannabis is illegal in (most) of Australia, and in Indonesia. Within this debate, it is irrelevant whether this is right or wrong. Within Vietnam, Thailand, Malaysia, Singapore and Indonesia (and, of course, many other Countries), the penalties are very serious ones. Every time you fly into Singapore, there is an announcement that importation of narcotics carries the Death Penalty.
3) The comments I have seen from the Australian legal fraternity, in observing the trial, indicate that it was conducted fairly and in accordance with Indonesia's legal framework. The sentencing appears to be no harsher than that imposed upon Indonesian Nationals for similar crimes.
4) Schapelle Corby has the right of appeal. I have not yet seen whether she intends to excercise this right.
5) The quantity of cannabis involved is at a commercial level - somewhere around 4.1kg. As in many Countries, in Indonesia, possession of commercial quantities of a prohibited substance is treated more severely than possession for own use.
There are a number of different things to consider here and a lot of it has to do with reaction to publicity.
IIRC, there are currently around 43 Australian Citizens in Jails in Southeast Asia on charges of possession or trafficking prohibited substances. At least 2 of these people have received the Death Penalty. The plight of these others has not attracted the same publicity (and ensuing symapathy) as that of Schapelle Corby. I may be wrong, but the public image of Ms Corby that has been portrayed by the media may make the public more willing to believe in her stated innocence.
Possession of the bag that contained the cannabis established a prima facie case under Indonesian Law, the same as it would in nearly every Country in the World.
If Ms Corby is innocent (something that I am not able to determine just by seeing photo's of her), I would hope that supporting evidence will come to light and be available for an appeal. The Australian Government has offered the services of 2 of the leading Australian QC's.
If Ms Corby is guilty, then she has carried out an act that is contrary to the Laws of Indonesia and is subject to the ensuing penalties.
To link the donation of money, goods and assistance to the people of Indonesia affected by the tsunami, to the sentencing of an Australian charged with a crime is, in my opinion, spurious and lacking in any logical relevance. I gave money to help people in Indonesia who were victims of a natural disaster. I did not give money in order to be able to request that a foreigner receive special treatment over and above that on offer to Indonesian Nationals in a Court of Law.
I live in Australia, but work in Malaysia. Whilst I am in Malaysia, I am subject to the Laws of this Country. It doesn't matter whether I agree or disagree with Malaysia's Laws and associated penalties, it is what it is.
Should an appeal fail, the Australian Government is likely to request that some of her sentence be served in an Australian Jail.