Australian drug smugglers on Indonesia death row file review to Constitutional Court

[webfact]

Australian drug smugglers on death row file review to Constitutional Court



JAKARTA: -- The Jakarta Globe reported that lawyers for two Australian drug smugglers facing execution filed a judicial review to the Constitutional Court on Thursday challenging the president’s right to issue clemency.

Inneke Kusuma, a lawyer representing the ringleaders of the so-called Bali Nine — Myuran Sukumaran and Andrew Chan — said that the legal team filed the judicial review to the Constitutional Court to challenge the 2011 law which stipulates that foreigners could not file a judicial review.

The lawyer also challenged the 2010 law on the president’s right to grant clemency, claiming President Joko Widodo’s refusal to grant mercy Chan and Sukumaran was in theoretical violation the constitution. Inneke said Joko had denied her clients clemency without reviewing the evidence against them

Chan and Sukumaran, who were arrested in 2005 for attempting to smuggle 8.3 kilograms of heroin to Australia and sentenced to death in 2006, have exhausted all legal procedures after the State Administrative Court (PTUN) rejected their latest appeal, which challenged Joko’s refusal to grant them a clemency.

The duo have been transferred to Nusakambangan maximum-security prison in Central Java, where executions are set to take place.

Attorney General HM. Prasetyo offered little in the way of encouragement that the eleventh-hour measure would be successful.

Source: http://englishnews.thaipbs.or.th/australian-drug-smugglers-on-death-row-file-review-to-constitutional-court


-- Thai PBS 2015-04-10

[Tingtau]

Smuggling heroin.....8 kg!!! Sorry. I can argue against the death penalty for the commission of many human transgressions. But your participation in spreading the tentacles of this particularly evil drug....no sympathy whatsoever!! The World iwill be better for your absence/ While I don't wish you a painfuil departure, I do wish you the following: Goodbye, farewell and have a nice trip to the Unknown!!!

[rotary]

Lets roll on this and carry out the sentence. They are guilty

[Bignose]

When two lives are at stake it is hard to be realistic without emotion, I don't believe many people actually "want" to see these two young men executed. The pain and grief for their families will be immense and life long, so very sad to see.

But in saying that...

When it gets down to plain hard facts they knew the risks when they attempted to smuggle the Heroin through, not only that but they were the organizers and King Pins in the operation. If my memory serves me correctly the other accused "mules" testified that Mr. Myuran Sukumaran was the groups enforcer, if any of them showed any doubt or were unwilling to proceed in the venture, he was the one to remind them of the consequences and pull them into line. He was feared by the group as a whole and was the driving force behind it proceeding with the numbers involved.

This was reported at the time to be their third journey between the two countries, while it was never proven it was raised that the two previous trips were for the same purpose, if true quite a lucrative trade.

If at the end of the day this was not "their first rodeo" how many people, how many lives have been damaged or destroyed by the product they peddled? If they had been successful with their last attempt how many more casualties would there have been?

While I (like most other people) respect the sanctity of life and of the individual, I shall reserve my thoughts and sympathy for the relatives left behind. These two young men will have to face their fate alone and hope that the hereafter holds more mercy and understanding than the Indonesian legal system...

[Linky]

Lets roll on this and carry out the sentence. They are guilty

No one is arguing their guilt.

If for some reason you ever found yourself on death row you deserve to use any avenue you can to have that sentence commuted.

[sawadee1947]

no mercy for drug smugglers

[Seastallion]

I've always said that they knew the consequences, thus they should face them.

Linky's post (#5) is correct, though.

"Inneke said Joko had denied her clients clemency without reviewing the evidence against them"

Sounds like this woman is on the ball. Good on her. Keep up the good work Lady Lawyer.

[Seastallion]

I've always said that they knew the consequences, thus they should face them.

Linky's post (#5) is correct, though.

"Inneke said Joko had denied her clients clemency without reviewing the evidence against them"

Sounds like this woman is on the ball. Good on her. Keep up the good work Lady Lawyer.

Having said that.....I really hope this legal aspect is taken into account with regard to the Filipino maid.....she is one that (it seems) does deserve for the factors to be taken into account with a view to clemency.