Australian Federal Police Commissioner Andrew Colvin assured Australians after their executions that "organisationally" and "personally", the police opposed the death penalty, and that the AFP tightly manages the number of reports made to foreign jurisdictions. Andrew Chan and Myuran Sukumaran were executed by firing squad in Indonesia in April. But official police figures released under freedom-of-information laws to researcher Sarah Gill show that between December 2009 and December 2014, more than 370 people a year were reported to death penalty jurisdictions. More than 95 per cent of these referrals were for drug cases. Not all of these people are Australian citizens and residents – and police do not collect those figures – but the number of Australians is likely to amount to hundreds over the years. The figures show that, despite guidelines introduced in 2009, police grant about 93 per cent or more of requests for help from police forces in death penalty countries. Where the requests are turned down, it is usually for bureaucratic reasons – for example, because forms are filled out incorrectly – rather than because of the danger to an individual. Where people are already arrested by police in a death penalty jurisdiction, the justice minister must sign off on the help being provided. The vast majority of those cases are also approved.

Guidelines introduced in 2009 after the outcry relating to the Bali nine case require police to consider the likelihood of the person being subject to the death penalty when co-operating with a foreign police force. However, that is just one among many considerations, including Australia's interest in promoting co-operation with foreign authorities. Myuran Sukamaran's parents, Raji and Sam, after saying goodbye to their son. Credit:James Brickwood A dozen Australians, including two grandmothers, are on death row, including nine in China, where they are among 26 in custody in that country on drug charges. Police have said in the past that none of the 12 on death row were there because of AFP intervention. An AFP spokesman said the organisation acts "appropriately and in accordance with Australian and international policies" in death penalty matters. AFP Commissioner Andrew Colvin. Credit:Alex Ellinghausen

Police policy was to try to fight criminal activity in "source countries," and working with foreign law enforcement "has been very successful" in fighting crimes including terrorism, child exploitation, human trafficking, people smuggling and drug importation, the spokesman said. "The AFP cannot limit its co-operation to countries that have similar legal systems as Australia ... [and] without the ability to work with all of its international partners, the AFP simply could not function." Julian McMahon, one of the lawyers for Chan and Sukumaran. Julian McMahon, one of the lawyers for Chan and Sukumaran, called for an independent monitor to help police judge when to refer people to death penalty jurisdictions. "International co-operation is an essential part of the AFP doing their job to combat serious crime, and they must be able to continue to do that," Mr McMahon said.

"But, where it's a matter of life and death, there is a very heavy burden of responsibility on the AFP and our government to act in accordance with our national policy to oppose the death penalty, torture and so on. Where so many lives may be at risk because of positive steps taken by a busy police force, an independent monitor or a review mechanism is in everybody's interest." Ms Gill said the figures showed the AFP was "exporting the death penalty". "One of the measures of genuine opposition is a refusal to co-operate with death penalty states unless there are assurances that the death penalty won't be carried out ... so it is utterly mystifying why our federal police are essentially given free reign. "The guidelines appear to be little more than a facade."