Court rejects Bali 9 clemency bid

[balinews]

An Indonesian court rejected on Monday a last-ditch challenge by two Australian drug convicts facing execution by firing squad, but lawyers for the state and defense were divided over whether legal avenues remained for them to avoid the death penalty.

Andrew Chan and Myuran Sukumaran were convicted in 2006 as the ringleaders of a plot to smuggle heroin out of Indonesia.

They had both challenged the Jakarta administrative court's decision not to hear an appeal against President Joko Widodo's refusal to grant them clemency.

"There is no more legal recourse," Novarida, head of the state lawyers team, told reporters after the verdicts were delivered dryly in a court packed with lawyers and journalists.

However, the pair's lawyer said they would take their case to the constitutional court.

"They have the right to live, and the state attorney knows that (the law) allows them to defend their lives," Leonard Arpan told reporters.

The Australians are among 10 drug convicts due to be executed by firing squad on the prison island of Nusakambangan. Others in the group include citizens of France, Brazil, the Philippines, Ghana, Nigeria and Indonesia.

Widodo denied clemency to the convicts despite repeated pleas from Australia, Brazil and France.

Australia's minister for foreign affairs, Julie Bishop, voiced disappointment at the latest setback and said in a statement that Canberra would continue to use all diplomatic options to seek a stay of execution.

Indonesian court rejects last-ditch appeal by Australian death-row convicts | Reuters

 

[tintin]

Talking about crass hypocrisy, Ms. Australia’s minister for foreign affairs, Julie Bishop! If you are so upset about the sentencing to death of these drug dealers, why did you tip the Indo Government about them in the first place? These guys were in transit in Indonesia, on their way to their final destination, Australia. All you had to do was to pick them up when they arrived in your country, judge them, and if found (most likely) guilty, sentence them to life?

 

[davita]

Whilst agreeing with your observation Tintin I think that Julie Bishop had nothing to do with it. The Bali 9 were arrested in 2005 when the Minister was Alex Downer and it was the Howard Gov't..
Also...it isn't true they were in transit. They purposely came to Bali to pick up the drugs from a Thai courier for shipment to an Australian syndicate.
You are correct that the Australian Federal Police (AFP) were the ones who tipped the Bali police but they said there was an underlying agreement that the death penalty would not be imposed...in fact, the sentences for all 9 have been changed numerous times.
The case was hashed from the getgo!

link....Bali Nine - Wikipedia, the free encyclopedia

 

[tintin]

Whilst agreeing with your observation Tintin I think that Julie Bishop had nothing to do with it. The Bali 9 were arrested in 2005 when the Minister was Alex Downer and it was the Howard Gov't..
Also...it isn't true they were in transit. They purposely came to Bali to pick up the drugs from a Thai courier for shipment to an Australian syndicate.
You are correct that the Australian Federal Police (AFP) were the ones who tipped the Bali police but they said there was an underlying agreement that the death penalty would not be imposed...in fact, the sentences for all 9 have been changed numerous times.
The case was hashed from the getgo!

link....Bali Nine - Wikipedia, the free encyclopedia

Thank you for the link, obviously quite informative. Yes, in that case, Julie Bishop had nothing to do with the original set up of this affair, but one would expect some kind of continuity and coordination in the affairs of a State. But, I am afraid this is not unusual.

 

[spicyayam]

I just can't agree that the Australian government or the AFP did anything wrong in this case. The acted on a tip off from one of the parents of the Bali 9's lawyer. I am against the death penalty but to suggest that the AFP shouldn't investigate crimes committed in other countries just because they have the death penalty seems very strange to me.

 

[Rangi]

Blaming the AFP is just weak. It is embaressing.

 

[davita]

As the Australian Gov't knew well that Indonesia has the death penalty for drug smugglers, many say that the AFP should have waited till the criminals actually did the crime of importing into Australia, then catch them redhanded.

Australia, as with many other countries, has an international policy of non co-operating with nations who execute criminals.
link...https://www.humanrights.gov.au/news/speeches/death-penalty-matter-principle.

For example....Currently Malaysia wants to extradite a Malaysian policeman, found guilty of murdering a model in Malaysia, who then illegally entered Australia as he knew they wouldn't extradite due his sentence is execution....Mongolian model's Malaysian murderer arrested in Australia | Reuters
Another example was an American accused of drowning his wife on their honeymoon on the Great Barrier Reef but, as he came from Alabama, a State with the death penalty, Australia would not extradite without some assurances. link...Australia in dilemma over deportation of Honeymoon Killer to the U.S.

This is the type of comparison I believe Tintin was making....if the AFP are so diligent in applying Australian principles in other cases...how come they weren't in the Bali 9 case. The Australian Gov't ruled out that any wrong was done but there are many who believe that Australia did not comply with its own principles.

IMHO...Either the AFP were given assurances by the RI Gov't which were not kept.....or they made a grave error and aren't prepared to admit.

 

[spicyayam]

Extradition probably has different laws. It seems strange to me that the government/police would place more importance on the life of a criminal ahead of protecting the lives of people who may be affected by the criminal's actions. China seems a popular place for importing drugs and there have been a few arrests there lately which has the death penalty: Australian man sentenced to death in China for trying to smuggle methamphetamine to Australia; second man awaiting trial - ABC News (Australian Broadcasting Corporation) If the police waited for them to come back to Australia there is a good chance the two organizers who didn't carry drugs would have not been caught.

 

[davita]

Spicy....There is a subtle difference with your linked case and Bali 9.

Your link quotes 'In May, according to Ms Brener, the police listening to the phone calls became aware of a planned importation of drugs from China. From the intercepted conversations, they initially believed the syndicate was sending six couriers to China, but it became clear by the end of May there were only two.
Ms Brener said this information was passed to an Australian Federal Police liaison officer in Guangzhou. However, the ABC understands the information was not passed on to the Chinese authorities.'

In Bali the whole case was immediately handed over to the Indonesians.

Maybe, according to your link, the AFP were waiting for them to return but the Chinese caught them first. I read from your link the conspirers in Australia have been caught....that's how the AFP knew about the couriers.
In the Bali 9 case, properly handled without telling Indonesia, the whole syndicate in Australia could have been caught....but now we'll never know.

 

[davita]

Yesterday the Saudi Government executed an Indonesian woman for killing her Saudi employer in 1999 despite celemency appeals by President Joko Widodo.
According to the RI Foreign Ministry there are 299 Indonesians on death row overseas with 57% for drug crimes.
The report says it will be harder for Indonesia to get reprieve from foreign countries whilst it applies its own execution law.
I seem to recall making that prediction on this forum some months back.

 

[davita]

Again, just yesterday, another Indonesian maid was executed in Saudi Arabia despite clemency appeals by the Indonesian government. This time the WNI was guilty of killing her employers 4 year old child and was sentenced in 2013.
According to the report there are another 26 Indonesian Nationals on death row in Saudi Arabia.

 

[Gurkha]

Yesterday the Saudi Government executed an Indonesian woman for killing her Saudi employer in 1999 despite celemency appeals by President Joko Widodo.
According to the RI Foreign Ministry there are 299 Indonesians on death row overseas with 57% for drug crimes.
The report says it will be harder for Indonesia to get reprieve from foreign countries whilst it applies its own execution law.
I seem to recall making that prediction on this forum some months back.

Well, I guess the sandal is on the other foot for Indonesia!

 

[kiteman]

Again, just yesterday, another Indonesian maid was executed in Saudi Arabia despite clemency appeals by the Indonesian government. This time the WNI was guilty of killing her employers 4 year old child and was sentenced in 2013.
According to the report there are another 26 Indonesian Nationals on death row in Saudi Arabia.

I wonder what defence you use for killing a 4 year old! Or......... maybe the child died from a sickness and the maid was blamed....??

 

[davita]

I wonder what defence you use for killing a 4 year old! Or......... maybe the child died from a sickness and the maid was blamed....??

Accordig to the Republic of Indonesia.... every country have laws which are sovereign.