Australian Lives On The Line - Indonesia Rules On Death Penalty

Sydney Morning Herald

Tuesday October 30, 2007

Mark Forbes Herald Correspondent in Jakarta

SIX Australians could be saved from firing squads by a landmark decision to be handed down in Indonesia's Constitutional Court today.

A successful appeal against the death penalty by the Australians would reshape Indonesia's justice system and could halt the execution of terrorists on death row, depending on the scope of the court's verdict.

Reuters reported that three Bali bombers - Imam Samudra, Mukhlas and Amrozi - received what is likely to be their "last" visit from family yesterday before they go to the firing squad. No execution date has been confirmed but a security source said it was likely to be within two months. The three said they were ready to die and their only regret was that Muslims were killed in the 2002 bombing that killed 202 people, including 88 Australians.

With the Indonesian Government strongly supporting the execution of drug traffickers during the hearing, rejecting the Australians' executions would ignite substantial controversy.

Even a victory in the cases of Scott Rush, Myuran Sukumaran and Andrew Chan - and joined by three Indonesian offenders - would not automatically spare their lives. It would become the basis for a final appeal to the Supreme Court, which has at times refused to impose Constitutional Court rulings retrospectively. It could also come too late for the other three members of the Bali heroin smuggling gang on death row, as they have already lodged their final appeals and did not join the constitutional challenge.

Colin McDonald, QC, the Darwin barrister acting for Rush, said a victory in the Constitutional Court would provide powerful grounds for overturning the sentence. It would place immense pressure on the Indonesian President, Susilo Bambang Yudhoyono, to grant clemency.

It would "have far-reaching implications for the development of Indonesian criminal law, and would be one of the most significant decisions in the region in more than 30 years for the abolition of capital punishment".

The case was initially seen as having little chance of success, with broad public and political support for the death penalty.

But during the final day of evidence Chief Justice Jimly Asshidiqqie said the verdict was "about life and the future of the Indonesian legal system". A human rights lawyer, Todung Mulya Lubis, said the court had shown it was seriously considering "an immensely difficult decision". The constitution clearly opposed capital punishment.

The court could dismiss the appeal, rule all executions unconstitutional, rule against the death penalty for drug traffickers or refer the issue back to parliament.

© 2007 Sydney Morning Herald

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