Showing posts with label Guilt. Show all posts
Showing posts with label Guilt. Show all posts

26 October 2009

Schapelle Corby -- A Humanitarian Appeal...


The Schapelle Corby case continues to draw the public's interest more than five years after her incarceration. Schapelle Corby was convicted of smuggling more than 4kgs of marijuana from Australia to Indonesia. For this, she was sentenced to 20 years in prison.

There is much debate about whether she is guilty or innocent. Much of this debate focuses on the evidence or lack thereof, and the procedures that were followed at trial. If you are interested in a discussion of this, then you can find one here. Personally, the issues of guilt and innocence at this point in time are secondary to more pressing concerns.

However, what I post here is a short video that can be found on YouTube which deals with this pressing concern.

All the doctors involved with Schapelle Corby agree that she is depressed and that there is a need to treat her for that depression. Nevertheless, the doctors do disagree on the severity of the depression and the manner in which it needs to be treated.

My belief is that prisoners still have human rights and those rights must be respected. If it is agreed that Schapelle Corby is suffering from depression, then there is clearly a right held by her that entitles her to be treated. Treatment must be provided on humanitarian grounds, even if there was some belief in the circles of the powers that be that medical treatment for prisoners was not a foregone conclusion as a right.

I am not sure that the first step is immediate repatriation to Australia. Indonesia has mental health facilities that would be more than capable of providing the initial treatment and medication. In the event, that a local intervention fails then a more serious discussion is warranted on whether the best option available is to repatriate Schapelle Corby to Australia,

Yet, the most pressing concern is to ensure that her depression is treated and managed in order to allow her to continue to live.


11 August 2009

Schapelle Corby -- Remissions and Mental Health...


The latest in the Schapelle Corby saga has seen her climb a water tower near her cell block in an attempt to escape the prying eyes of her fellow inmates. Corby's mental woes have been well documented, as have her annual trips to the hospital in an effort to get her mental health issues sorted out. However, this latest drama suggests that things are getting worse rather than better.

Her family even suggest as much. Mercedes has said that Schapelle is seeing a psychiatrist and still taking medication. This is not so bad, but then Mercedes goes on to say that every day is difficult and that Schapelle does not look good.

It is hard to know whether to feel sorry for Schapelle. The sympathy or empathy debate really hinges a lot on whether you believe that she is guilty of the crime for which she has been convicted. If you do believe she is guilty, then it is likely you are in a camp which says, "if you do the crime, you do the time", and in any event, "prison is not supposed to be summer camp or a picnic". You might though also be in the camp that thinks she is guilty, but that 20 years for smuggling 4 kilos of wacky weed was too severe a sentence.

I think that I am in the latter camp.

There is some good news on the horizon for Schapelle, and I guess that good news is relative. It appears that prison authorities are recommending that she be granted a 4-month remission as part of the Indonesian Independence Day celebrations. It might seem much but one needs to be thankful for small mercies. Over time, these remissions build up and can end up knocking years of your original sentence.

I tend to feel if Schapelle can keep a low profile over the next couple of years, preferably with little or no publicity, then an Australian government approach to their Indonesian colleagues with respect to an early release for Schapelle might be viewed favourably. It might require an admission of guilt if it is to be in the form of a pardon. This might be preferable to Schapelle spending any more time in jail than is absolutely necessary. In her fragile mental state perhaps now is not the time to be standing on principle but rather working to get her home.

27 May 2009

Schapelle Corby and Depression...


It has been a while since I found time to update on the Schapelle Corby (photo) saga. It is a saga because the media keeps it in the news and people, like me, are still reading about the comings and goings of an Australian languishing in an Indonesian prison.

Corby is coming up to her fourth year in prison. However, it seems pretty clear that prison is taking its toll on her physically and emotionally and mentally. Corby now has a history of depression. She was hospitalized for it last year and has recently been hospitalized again. It is sad in many ways because if she had committed the same crime in Australia she probably would have received a much shorter prison term. Maybe she might not have been jailed at all.

The rumours are that she is struggling and that she is not taking her medication. This only exacerbates the problems she is suffering from. The results are apparently difficulty in sleeping and generally not looking after herself. Apparently, she is also having real difficulty in communicating with others and there is a general inability to answer questions or stay focused for any length of time. It has been reported that she is taking comfort in a doll.

A hospital stay is just what the doctor ordered. However, it is clearly a case that Corby would be better served with a long-term treatment regime in a psychiatric facility where she can be properly monitored and treated. This, though, seems unlikely. Unfortunately, if the authorities do not come to the party and allow Corby to get specialized and proper treatment then this is going to become a vicious circle of periodic hospital treatments for depression.

That said, prison time has never been designed as a holiday. It is tough and as such people handle it in different ways and some people do not handle it well.

On the legal front, Corby has hired a new lawyer. The lawyer, Iskandar Nawing, has been given a mandate of getting Corby out of jail. Nawing has admitted that there is no new evidence in the case so there is no likelihood that the case will be reopened. On this front it would seem that the 16 years that remain, minus any remissions, will be served.

However, Corby has until now rejected all overtures with respect to seeking clemency from the Indonesian president. A clemency request requires Corby to admit guilt. It would be an interesting call to admit guilt at this stage. It seems very unlikely that the president would be receptive to the idea of granting clemency and releasing Corby. Even if one assumes that the incumbent is re-elected it still seems highly unlikely that he would look favourably on a clemency request.

Indonesia has always taken a hard stance on drugs and drug smuggling. To grant Corby clemency after four years of a twenty year sentence just does not seem likely. Nevertheless, the ongoing serious depression she is suffering, the paranoia, and a psychological report that states she is a danger to herself might be a tick in the column for clemency.

When it is all said and done I think there are more ticks in the rejection of clemency column than there are in the clemency column.