The Indonesian court that heard the final legal appeals of death row inmates Andrew Chan and Myuran Sukumaran (left) has raised the Bali 9 members' chances of being spared death by firing squad.
A written declaration that the right to life ''must not be ignored, reduced [or] taken away by anyone'' made by a panel of 3 judges was sent from Denpasar District Court to the country's Supreme Court last month.
Based on that opinion, and the evidence of the hearings summarised by the judges, the Supreme Court will make the final verdict on the Bali nine members' attempt to have the death penalty reduced to 20-year prison terms. The decision is expected within a few months.
The six-point concluding opinion, obtained by The Age, backs most of the arguments put to the court by the pair's legal counsel and notes that many other countries no longer have the death penalty.
''Human rights constitute the most basic of rights inherent to man and is universal and eternal. Therefore, it must be protected, defended and must not be ignored, reduced [or] taken away by anyone,'' the judges said.
They pointed to the 1945 constitution, which they said explicitly stated that everybody had the right to life.
While capital punishment still exists in Indonesia, including for narcotics offences, the judges said the death penalty should only be imposed for ''the most serious crimes'' under the UN Covenant on Civil and Political Rights signed by the Indonesian government.
Chan and Sukumaran, both from Sydney, were detained along with 7 other Australians in Bali in 2005, and later found guilty of organising the smuggling of 8.1 kilograms of heroin to Australia.
Unlike other members of the Bali nine syndicate, they have faced the death penalty from the outset and have had that sentence upheld in all previous appeals, hurt by their refusal to admit their guilt or co-operate with authorities on the advice of their previous legal team.
However, the two men confessed their crimes before the judges in their most recent trial, expressing their contrition in Indonesian courts and testifying that they were working hard to reform their lives.
Their rehabilitation was endorsed by testimony from the governor of Bali's Kerobokan prison, Siswanto, who praised them for organising computer, graphic design and other classes for Indonesian inmates at the penitentiary. Siswanto also expressed his desire that their lives be spared.
The judges picked up on this point, saying the ''condition of the perpetrator'' must be considered.
However, the Denpasar judges dismissed an argument from the duo's lawyer that they only ''attempted'' the crime of drug exportation because the drugs were intercepted at Bali airport before the drug mules boarded their plane back to Australia.
Just what weight the Supreme Court gives to the Denpasar judges' opinion remains to be seen. The court is also considering an appeal from Scott Rush, the other member of the Bali 9 on death row.
If the appeals fail, the 3 Australians can appeal directly to Indonesian President Susilo Bambang Yudhoyono for clemency.
Prime Minister Julia Gillard has lobbied Dr Yudhoyono on behalf of Chan, Sukumaran and Rush.
Source: The Age, January 31, 2011
Right-to-life ruling may save Bali pair from firing squad
The chances of the Bali nine ringleaders Andrew Chan and Myuran Sukumaran being spared death by firing squad have improved significantly after the Indonesian court that heard their final legal appeals found the right to life ''must not be ignored, reduced or taken away''.
The striking declaration in support of the sanctity of life was made by a panel of three judges in a written opinion sent from Denpasar District Court last month to the Supreme Court.
Based on the opinion and evidence summarised by the judges, the Supreme Court will make the final verdict on the men's bid to have the death penalty reduced to a 20-year jail term.
The decision is expected in months.
The 6-point concluding opinion, obtained by the Herald, backs most of the arguments put by the pair's lawyer and notes that many other countries no longer have the death penalty. ''Human rights constitute the most basic of rights inherent to man and is universal and eternal. Therefore, it must be protected, defended and must not be ignored, reduced, taken away by anyone.''
While capital punishment still exists in Indonesia, the judges said such a penalty should be imposed only for ''the most serious crimes'' under the UN Covenant on Civil and Political Rights signed by Indonesia.
Chan and Sukumaran, both from Sydney, were detained with 7 other Australians in Bali in 2005 and later found guilty of organising to smuggle 8.1 kilograms of heroin to Australia.
Unlike other syndicate members, the pair have faced the death penalty from the outset and have had that sentence upheld in all previous appeals, hurt by their refusal to admit guilt.
However, the 2 confessed their crimes before the judges in the most recent hearing. Their rehabilitation was endorsed by the governor of Bali's Kerobokan prison, Siswanto, who said he wanted their lives spared.
The judges dismissed an argument from their lawyer that they only ''attempted'' the crime of drug exportation because the drugs were intercepted at Bali airport before the drug couriers boarded their plane to Australia.
If the appeal fails, the Australians can appeal to Indonesia's President, Susilo Bambang Yudhoyono, for clemency.
Source: Sydney Morning Herald, January 31, 2011
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