2 Australians on death row in Indonesia lose appeal
Print Edition
AN Indonesian court yesterday dismissed a bid by two Australian drug traffickers on death row to challenge the president’s rejection of their pleas for clemency to avoid execution.
Myuran Sukumaran and Andrew Chan, the ringleaders of the so-called “Bali Nine” drug smuggling gang, were arrested for trying to traffic heroin out of Indonesia in 2005 and sentenced to death the following year.
Their appeals for presidential clemency, typically a death row convict’s final chance of avoiding the firing squad, were rejected by new Indonesian President Joko Widodo in recent months.
Yesterday, the Administrative Court in Jakarta dismissed the men’s application to challenge Widodo’s refusal to grant them clemency, a rare move that was seen as having little chance of success.
Rejecting Sukumaran’s application, presiding Judge Hendro Puspito said: “Clemency is the prerogative of the president ... the administrative court has no right to rule on the challenge.”
He also rejected Chan’s application. The judge said that the pair had 14 days to lodge an appeal, and their lawyers said they will.
The pair’s legal team had earlier applied for a second judicial review of their cases, but judges also rejected that application.
Later, Widodo, who has been a vocal supporter of the death penalty for drug traffickers, insisted that Jakarta would push ahead with the executions.
He said that the Brazilian and French presidents, whose citizens on death row have also lost appeals for clemency, had recently made calls to him.
But he said his message to other countries was: “Do not intervene in executions.”
Authorities originally said the Australians would be put to death in February, but last week said their executions would be delayed by up to a month.
They blamed “technical reasons,” insisting that diplomatic pressure from Canberra had nothing to do with the decision.
It is not clear when the pair will be put to death, though the head of the prosecutor’s office in Bali, said it is “very likely” they will be transferred this week to an island off Java where the executions will take place.
Authorities have to inform death row convicts 72 hours before they are executed.
The looming executions have heightened tensions between Australia and Indonesia.
Australian Prime Minister Tony Abbott has made repeated pleas for the men to be spared and even urged Indonesia to remember Canberra’s help in dealing with the 2004 Indian Ocean tsunami.
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