Lawyers urge Indonesia to halt executions until appeal is heard

The Australian Bar Association has put out an urgent call to Indonesian authorities to respect the rule of law as Andrew Chan and Myuran Sukumaran are transferred to the island where they are to be executed.

Leanne Mezrani • 04 March 2015 • The Bar

The ABA has stated that it is “gravely concerned” by revelations that the two Australians have been moved from Kerobokan prison in Bali under heavy military guard and are on their way to Nusakambangan island where they face death by firing squad.

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The two members of the Bali Nine, who have been convicted of drug trafficking, currently have a legal appeal pending before the Administrative Court of Indonesia.

Fiona McLeod SC (pictured), president of the ABA, has called on the Indonesian attorney-general and the Indonesian prison authorities to respect the rule of law and judicial process.

“We respect the sovereignty of the Indonesian president to determine individual applications for clemency. Sovereign power, however, is constrained by the rule of law.

“In this case, court proceedings have not concluded and the appeal concerning the decision to refuse clemency has not been determined.

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“In such a case, the authorities should await the outcome of judicial process.”

Ms McLeod, along with other members of the Victorian legal profession, gathered to observe one minute’s silence for Mr Chan and Mr Sukumaran on February 18.

Victorian legal bodies, including the Victorian Bar and the Law Institute of Victoria, have been particularly vocal in their opposition to the impending execution of the two Australians.

“The death penalty is not an effective deterrent to crime,” said Victorian Bar chairman Jim Peters QC last month.

“The sanctity of human life is not protected by this barbaric penalty; it only brutalises the community further.”

Law Institute of Victoria president Katie Miller also expressed her opposition to the death penalty and paid tribute to the lawyers who had taken numerous legal actions on behalf of Mr Chan and Mr Sukumaran.

Lyn Peel Thursday, 05 March 2015

Perplexed I can't see the necolonialism and talking down to Asian countries in these remarks at all. Do you know that within the Indonesian Constitution there is a clause which says that if someone is rehabilitated there is room to forgive the death penalty. Why would anyone seek "clemency" for the remaining members of the group? They haven't got the death penalty and no one is arguing that the 2 with the death penalty should be released. The argument is that they are entitled to a remission of the death penalty under the Indonesian Constitution itself.

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Lyn Peel Thursday, 05 March 2015

Agreed. Although I understand there is a lot of anti-Australian sentiment amongst those Indonesians who do know about Australia. I lived in Indonesia at the time of their revoltion against the Dutch in the 1950s ... at that time local people confused everyone who was white with the Dutch.

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John Gates Thursday, 05 March 2015

None of this is about the Indonesian Judicial system - it is pure internal politics. You have a President playing to his own media for internal TV consumption, so that he can look like 'the Strong Man" - it has nothing whatsoever to do with the rule of law - the way that Indonesians see it, they are a country of some 300 million and we are a minnow by comparison. Given that many Indonesians know nothing about Australia and likely only watch Al Jazeera, or local stations, it is likely that the Indonesian president doesn't give a toss what most Australians think.

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Perplexed Thursday, 05 March 2015

These comments only show a step back in time to neocolonialism and western nations talked down to Asian countries arrogantly. It also harkens back to gunboat diplomacy days. Some respect should be shown of the Indonesian judicial system. Also hypocrisy runs supreme here. I haven't heard one word in Australia of seeking clemency for the other 9-10, as clearly the two Australians can't be the only ones spared. Why isn't there a coordinated campaign with all governments of the nationals involved?Finally once the two Australians were caught with the drugs they had signed their own death warrants.

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Lyn Peel Wednesday, 04 March 2015

Unfortunately the Indonesian population want executions for drug crimes. For the President to back down now would should considerable weakness never mind what the law really says. He hasn't exercised any level of discretion in any of the death sentences handed out. It seems he doesn't have the strength to set an example. What is dastardly is the fact that one of the Bali bombers has recently been excused most of his remaining sentence in jail. Think about any of this for any period of time and you will end up furious.

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Harold G. Foxton Wednesday, 04 March 2015

The AFP certainly will have blood on their hands for their role in this tragic saga if Andrew Chan and Myuran Sukumaran's sentences are not commuted.

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Gloria Oz Wednesday, 04 March 2015

My learned friends ABA are right in their comments re Indonesia execution move today. The essence of criminal justice system is all about rehabilitation and not necessarily deterrence per say.I believe that sovereignty of any nation or exercise of power should not override public interest and the rule of law.Even God himself respects remorse on the part of an offender,if he must punish he is always lenient when remorse is shown.My humble submission is that Indonesian Government should temper justice with mercy.Exercise of discretionary power should not be unreasonable.

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