Australians lose appeal against death sentence
Print Edition
AN Indonesian court yesterday dismissed an appeal by two Australian drug smugglers facing imminent execution, and the country’s legal chief said the pair had now exhausted all options to avoid the firing squad.
Lawyers for Andrew Chan and Myuran Sukumaran vowed to take the case to the Constitutional Court but Indonesia’s attorney-general accused the legal team of “playing with justice” and said the move would not delay the executions.
The State Administrative Court upheld a decision that it does not have the authority to hear a challenge to President Joko Widodo’s rejection of the Australians’ pleas for clemency.
Chan and Sukumaran, the ringleaders of the so-called “Bali Nine” drug trafficking gang, were sentenced to death in 2006 for trying to smuggle heroin out of Indonesia.
Widodo recently rejected their mercy pleas, typically the final chance to avoid execution. They are expected to be executed soon along with other drug convicts, including foreigners from France, Brazil, the Philippines, Nigeria and Ghana.
Jakarta has said it will wait for all legal appeals to be resolved before putting the group to death at the same time. Some other convicts have lodged Supreme Court appeals, which could take weeks to resolve.
The Australians’ legal team have mounted several attempts to halt the executions. In the latest, they called for the State Administrative Court to hear an appeal saying Widodo failed to assess their rehabilitation or give reasons for his decision.
The court refused to accept the application in February, and the Australians’ lawyers appealed that decision.
At a hearing yesterday, presiding judge Ujang Abdullah upheld the original decision that the court does not have jurisdiction to rule on the matter.
A lawyer for the Australians, Leonard Aritonang, told reporters the legal battle would continue, with lawyers planning to file an application to the Constitutional Court to review laws related to clemency.
However, authorities have repeatedly insisted that a death row convict’s final chance to avoid the firing squad is through presidential clemency.
Asked about the planned challenge to the Constitutional Court, Attorney-General Muhammad Prasetyo said there would be no more delays.
“The legal process is already done,” he said. “This proves that they are simply trying to buy time. We can say they are playing with justice.”
The looming executions have soured ties with Indonesia’s neighbor and key ally Australia, with Prime Minister Tony Abbott repeatedly appealing for the men to be spared.
After yesterday’s ruling, Foreign Minister Julie Bishop said Canberra was disappointed.
Jakarta originally planned to carry out the executions in February, but following an international outcry agreed to allow the legal appeals.
A Filipina among the group recently lost an appeal to the Supreme Court, while a Frenchman and Ghanaian last week lodged appeals with the court.
As well as Australia, France and Brazil have stepped up diplomatic pressure on Jakarta.
But Widodo has not been swayed, vowing there will be no mercy for traffickers, as Indonesia is facing an “emergency” due to rising drugs use.
In January, Jakarta put to death six drugs offenders including five foreigners, sparking a storm as Brazil and the Netherlands — whose citizens were among those executed — recalled their ambassadors.
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