Bali 9 members ask Indonesia for "death penalty moratorium"

Andrew Chan, Myuran Sukumaran

Andrew Chan and Myuran Sukumaran write an open letter calling for a moratorium on their executions as their last legal avenue for appeal was rejected

Drug traffickers Andrew Chan and Myuran Sukumaran have received the official notice informing them of the Denpasar district court's rejection of their last legal recourse for appeal against their executions, with a letter delivered to Kerobokan prison on Thursday.

Just 1 hour earlier the 2 men released an open letter to the government of Indonesia begging for a moratorium on the death sentence.

The letter was delivered on Thursday morning by a court official, Mr Rudi, who showed the addressed envelope to media outside.

Earlier the 2 Australian men, sentenced to die for their part in the 2005 heroin smuggling attempt by a group known as the Bali 9, released a letter through evangelist Matius Arif Mirjara.

To government of Indonesia, we beg for moratorium so we can have chance to serve Indonesia and commit to bring more benefits on the rehabilitation process in prison. We believe in the Indonesian legal system that brings justice and humanity.

Mirjara said the 2 men are upset with the news, and are begging for a moratorium "because we believe that they bring more benefit if they have a chance to live in prison," he told media outside the prison.

"There is so much testimony about what they are doing inside. I also personally address the government to make special permissions to make special recommendations by the president for them to live.

The families of Chan and Sukumaran visited again on Thursday morning, but did not speak to media. On Wednesday the Denpasar district court rejected an application for the pair's cases to undergo a second judicial review. The controversial legal move divided the Indonesian legal system, with the constitutional court ruling prisoners could have more than one such appeal but the supreme court disagreeing.

The Indonesian lawyer for the pair, Todung Mulya Lubis, told Guardian Australia the rejection "can be considered violation of the constitutional court decision."

"[The] constitutional court decision is final and binding, and every court should adhere to that decision. I regret the rejection and reserve a right to take any possible legal recourse available," he said late Wednesday.

The Denpasar district court agreed to accept the application last Friday and spent most of this week deliberating before rejecting it.

Indonesia's minister of law and human rights said a new regulation to be issued in a few months' time would allow multiple judicial reviews but until then only 1 was permitted, including for Sukumaran and Chan.

Last week the attorney general, HM Prasetyo, said the so-called PK application and the pleas for clemency and talk of the men's rehabilitation contained in it did not constitute new evidence, but he would not interfere in the court process.

The Indonesian president, Joko Widodo, who rejected both clemency appeals, has vowed to take a hard line against drugs smugglers in Indonesia.

Last week Prasetyo said the 2 Australians would be among the next group of convicted people to be executed.

Planning of the executions did not pause while the application for another review was still active, but no time or place had been decided yet. Some embassies have been notified that their citizens will shortly be executed, but Prasetyo did not detail which ones.

The Australian embassy told Guardian Australia it would not comment on the case at this time.

Source: The Guardian, February 5, 2015

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