Skip to main content

Court has right to rule on Bali duo challenge says legal expert

Andrew Chan, Myuran Sukumaran
Indonesia’s judiciary have the right to rule on the execution challenge by Andrew Chan and Myuran Sukumaran, according to a legal expert.

The lawyers fighting to save the lives of the Bali Nine ring leaders returned to court today to challenge the Indonesian president’s rejection of their pleas for mercy.

They presented an expert defence in an attempt to show that judges have the right to rule on the clemency issue, despite an earlier ruling to the contrary.

Sukumaran and Chan were sentenced to death in 2006 for trying to smuggle heroin out of Indonesia.

Their appeals for clemency, typically the final chance to avoid the firing squad, were recently rejected by Indonesian President Joko Widodo, who has taken a hard line against traffickers.

The men, in their early 30s, were moved this month from jail on Bali to Nusakambangan prison island off Java, where Indonesian authorities plan to execute them along with several other foreign drug convicts.

In the latest attempt to save the men from the firing squad, their legal team has challenged Widodo’s decision to reject the clemency pleas, arguing that he failed to assess their rehabilitation or give reasons for his decision.

The Jakarta State Administrative Court dismissed the bid last month, saying it did not have the right to rule on the matter because granting clemency is the president’s prerogative. The Australians’ lawyers are now appealing that decision.

Today Otong Rosadi, a law lecturer presented as an expert witness, argued the judges did have the right to rule on the president’s decision after a constitutional amendment around 15 years ago, which states that public policies can be challenged in court.

“After that amendment, the president’s prerogative rights were no longer absolute,” he said.

Rosadi, from Ekasakti University on Indonesia’s Sumatra island, also said that “the right place to contest that presidential decision is the Administrative Court”.

But he added that there had been no previous court cases relating to the president’s decision to reject a clemency plea.


Source: The Australian, March 30, 2015


Bali Nine: law expert supports appeal for pair in Indonesian administrative court

Otong Rosadi’s call comes after court threw out a challenge against the rejection of clemency for death row pair Andrew Chan and Myuran Sukumaran

An expert witness has argued for the death row challenge of Andrew Chan and Myuran Sukumaran to be heard in an Indonesian administrative court.

The court last month threw out a challenge against the rejection of clemency for the Bali Nine pair, determining the decrees by president Joko Widodo were not within its jurisdiction.

The men sentenced for heroin smuggling in 2006 have no other legal avenues left and have resorted to the administrative court appeal to spare them from the firing squad.

Otong Rosadi of Ekasakti university on Monday gave his opinion in support of the challenge. The law expert said in his opinion, all “products of the law” can be reviewed, even clemency, which he argued was not purely a matter of presidential prerogative.

The constitutional rights of the president were still a product of the law, he said.

“The legal product is the presidential decree and a presidential decree rejecting or granting clemency, it’s a state administrative matter,” he told the court in Jakarta.

“The forum to challenge it is the state administrative court.”

Otong maintained this view under questioning from lawyers for the state and judges, who asked if other constitutional rights of the president could also therefore be challenged in the administrative court.

A lawyer for Chan and Sukumaran, Leonard Arpan, said he was confident Otong’s evidence was strong.

“I think the expert has delivered all the statements that were required,” he told reporters.

Both sides are due to give their conclusions on Wednesday, with a decision expected soon afterwards.

Click here to read the full article

Source: The Guardian, March 30, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

Alabama executes Jeremy Williams

Tennessee and Oklahoma have put inmates to death within 30 minutes of each other, and Alabama followed suit hours later as U.S. states executed three men in one day. Tennessee and Oklahoma put inmates to death within 30 minutes of each other Thursday, and Alabama followed suit hours later as U.S. states executed three men by lethal injection in one day for the first time since 2010. The Tennessee man was executed for killing a maid at a motel in 1985, and the Oklahoma man for killing his girlfriend in 2003. In Alabama, a man was put to death Thursday evening for killing a 5-year-old girl he had paid her mother to abuse.

Tennessee executes Darrell Hines

The state has spent millions of dollars over decades to execute a seriously ill man who was already incarcerated. The state of Tennessee executed death row inmate Darrell Hines Thursday morning, according to an advocacy group.  No formal announcement of the execution has been issued by state leaders yet. The execution was slated for 10 a.m. Thursday at Riverbend Maximum Security Institution in Nashville. [DPN update] Hines was pronounced dead at 10:43 a.m. CDT. His last meal was fried chicken, mashed potatoes and gravy, coleslaw, corn, fries, biscuits, a chicken sandwich, chocolate chip cake, and sweet tea.

Alabama Set To Carry Out Execution This Week

Alabama is preparing to execute Jeremy Williams, who pled guilty to the 2021 rape and murder of five-year-old Kamarie Holland.  The execution is scheduled for Thursday (August 13) at the Holman Correctional Facility in Atmore, Alabama.  Williams, who is 41, requested the death penalty and waived his right to appeal, making this the first execution in Alabama this year.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Tennessee set to execute Anthony Darrell Hines

Barring any last-minute interventions, the Tennessee Department of Correction will execute Anthony Darrell Hines by lethal injection at Riverbend Maximum Security Institution in Nashville Thursday morning. This week, two courts had the opportunity to halt the execution: the federal court in Middle Tennessee and the U.S. Supreme Court. Gov. Bill Lee announced Tuesday he personally would not prevent the execution. “After deliberate consideration of Anthony Darrell Hines’ request for clemency, and after a thorough review of the case, I am upholding the sentence of the State of Tennessee and do not plan to intervene,” he said in a written statement. The U.S. Supreme Court has not granted a stay or reprieve.

Tennessee | The doctor who helps put prisoners to death

Dr. Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients—why is he working in the death chamber? Mark Fowler, a physician with 25 years’ experience, stepped beneath the bright lights and approached the middle-aged man lying on a gurney. Around him, people in medical gowns prepared needles and sterile tubing. It had all the appearances of a hospital setting. Fowler had been called in to help establish an IV line through which the 57-year-old man, Tony Carruthers, would be injected with pharmaceutical drugs. The team had struggled to find a vein, so Fowler was summoned to set a central line—an intravenous catheter inserted into the major vein below the collarbone.

Iran’s War on Women: Executions, Floggings, and the Politics of Fear

The Iranian regime is increasingly using death sentences, corporal punishment, and judicial persecution against women—not only to silence dissent but also to intimidate a society demanding change. The Iranian regime has long viewed women as central to the country’s struggle for freedom—and therefore as central targets of repression. The nationwide uprising of 2022 fundamentally altered the political landscape, demonstrating that Iranian women were no longer merely participants in protest movements but among their principal organizers and symbols. Since then, the authorities have steadily intensified their campaign against women, expanding the use of executions, imprisonment, corporal punishment, and judicial intimidation.

The 'Black Widow' shakes Iran: 10 death sentences for a serial killer who killed 12 men

Kolthum Akbari, an Iranian woman widely dubbed the “Black Widow,” was convicted of serial murders of elderly men she married, often temporarily. Official accounts generally center on 11 murders (plus one attempted murder), though Akbari herself gave varying figures and investigations suggested she had many more marriages.  The sentencing occurred primarily in September 2025 in Mazandaran Province, with ongoing reporting and updates into 2026. The 56- to 59-year-old killer confessed to killing at least 11 elderly men after temporarily or officially marrying them; Iranian authorities have linked her to additional marriages and possible further victims.

Arizona prosecutors seek death penalty a second time for 2 inmates

County Attorney Brad Miller said Aug. 6 that the nature of the attack and both men's past criminal records meet the strict legal bar required for execution under Arizona law. FLORENCE, Ariz. - Pinal County prosecutors are seeking the death penalty against two inmates accused of violently killing a fellow prisoner behind bars, officials announced Thursday. Pinal County Attorney Brad Miller filed a Notice of Intent to Seek the Death Penalty against Pete Van Winkle and Tracy Hampton in connection with the fatal attack on Kenneth Thompson. 

Ohio Gov. Mike DeWine issues three death penalty reprieves

COLUMBUS, Ohio (WCMH) – Ohio Gov. Mike DeWine issued execution reprieves for three death row inmates on Friday. In a statement, DeWine said he issued reprieves for Keith LaMar, Scott Group, and Davel Chinn, all of whom were set to be executed early next year. LaMar was scheduled to be executed on Jan. 13, 2027. He was convicted of aggravated murder for the deaths of five inmates during a 1993 riot at the Southern Ohio Correctional Institution in Lucasville. He received the death penalty for four of the killings. His new execution date is Jan. 13, 2030. Watch the latest NBC4 headlines in the video player above.