‘Don’t execute them before their appeal’

Written By komlim puldel on Senin, 02 Maret 2015 | 20.01

Final appeal ... Bali Nine ringleaders Andrew Chan and Myuran Sukumaran. Picture: AFP Source: AFP

Authorities in Indonesia are preparing to move the Bali Nine pair to their place of execution this week.

LAWYERS for Andrew Chan and Myuran Sukumaran were expected to lodge a legal appeal late yesterday and said it would be "shocking" and "unthinkable" if they were executed before the appeal was heard.

Speaking outside Kerobokan prison in Bali, their Australian lawyer Julian McMahon said it would be "unthinkable" for the executions to proceed in a modern democracy governed by the rule of law.

Legal plea ... Australian lawyer Julian McMahon at Kerobokan Jail. Picture: Lukman S. Bintoro Source: Supplied

"Now if it turns out that my clients are moved from here to a place of execution while they are in the process of having an appeal heard in a court then that would be a shocking thing," Mr McMahon said.

"It's unthinkable that people who are having their right to life litigated in a court can at the same time be taken away for that court by powerful people, such as the executive and simply executed."

MERCY BID: Bali Nine duo's plea to Indonesian President Joko Widodo

CALLS IGNORED: PM Tony Abbott pleas for clemency for Chan and Sukumaran

'Unthinkable' ... Australian lawyer Julian McMahon says the appeal should be heard immediately. Picture: Supplied Source: Supplied

But Bali's chief prosecutor, Momock Bambang Samiarso, said the transfer to Nusakambangan could be Wednesday, Thursday or Friday this week.

Speaking on his way to Kerobokan jail for a meeting with the jail governor, Mr Samiarso said that he has reported to the Attorney-General that Bali is ready for the move.

He said the pair would be transferred by aircraft.

Asked about the fact that several of the condemned have lodged court actions, Attorney General HM Prasetyo said: "All of them have lodged clemency pleas. What does that mean? Clemency means that they have asked for forgiveness. So by asking for forgiveness they confessed that they were guilty, accept the verdict and ask for forgiveness. The clemency plea has been answered. So if clemency is rejected there should be no more legal venues that need to be lodged. What else?"

Final hope ... Bali Nine ringleader Andrew Chan inside Kerobokan Jail. Picture: Adam Taylor Source: Supplied

And Indonesia's President Joko Widodo reportedly said: "It (death sentence) is our and it is not the President who sentences to death, but the court. The President is only asked for clemency. And there is no clemency for drug dealers."

Reiterating his strong comments of the past month, the President said: "How could they be given forgiveness? Fifty people die everyday, 18,000 die every year and 4.5 million are rehabilitated. I say no, no forgiveness. The execution of drug dealers is our sovereignty."

Mr Samiarso along with the deputy Governor of Bali and officials of the prosecutor's office, spent one hour late yesterday inside Kerobokan jail meeting the prison governor to discuss arrangements for the transfer.

They also met with Chan and Sukumaran, in the jail's art room and workshop but did not discuss the transfer or execution with them.

Their grim-faced family members and Mr McMahon, along with Australian Consul to Bali, Majel Hind, left the jail shortly afterwards, without commenting.

Mr Samiarso said there will be another meeting on Tuesday to set the date for the transfer to Nusa Kambangan.

Earlier in the day, police in Bali carried out a rehearsal for the looming transfer.

Rehearsal ... Badung Region Police ran through security protocol in preparation for the Bali Nine duo to be transferred from Kerobokan jail to the airport. Picture: Supplied Source: Supplied

Run through ... Badung Region Police rehearse lining up around the car that will transfer Chan and Sukumaran from Kerobokan jail to the airport. Picture: Supplied Source: Supplied

Closing the door ... Prison guards open the gates at Kerobokan Jail in a rehearsal for Andrew Chan and Myuran Sukumaran's transfer to Nusa Kambangan Island. Picture: Adam Taylor Source: News Corp Australia

Mr McMahon said Chan and Sukumaran's legal team were expected to lodge an appeal in the State Administrative Court in Jakarta late yesterday, against an earlier decision of the court to deny them a hearing.

Bali Nine ringleader Myuran Sukumaran inside Kerobokan jail on Sunday. Picture: Adam Taylor Source: News Corp Australia

They claim that there was not a genuine examination of the Bali Nine duo's clemency application and of their remarkable rehabilitation in jail when the President Joko Widodo made a blanket decision to reject the clemency of all drug traffickers.

Five of the ten people scheduled to be shot in the next round of executions now have new legal proceedings before the courts and pressure is mounting on Indonesia to respect the rule of law, as is a strong anti-death penalty sentiment grows across the country.

Yesterday, lawyers for one of three Nigerians in the group, was notified they had been given a preliminary hearing in the State Administrative Court on March 9, in their challenge of the President's recent rejection of his clemency bid.

Final hope ... Raheem Agbaje Salami, one of the Nigerians slated for execution in Indonesia, is appealing for clemency. Picture: Supplied Source: Supplied

And two others — a Philippine and a French national — also have judicial review applications of their cases lodged in separate courts.

Mr McMahon said he was not aware of any facts, other than media reports, suggesting that Chan and Sukumaran are due to be moved to Nusa Kambangan this week.

And he denied that the case had anything to do with sovereignty.

"To the extent that people say that this is about sovereignty, that is simply an excuse for voiding serious discussion. This is not about sovereignty. This is about a combination of many things, including respect for the rule of law, respect between our nations and legal systems," Mr McMahon said.

"Central to the arguments for clemency is the extraordinary rehabilitation of both Myuran Sukumaran and Andrew Chan.

"And it must be remembered that my clients have been arrested due to the work of the Australian Federal Police and that the drugs that they were arrested with were destined for Australia."

Australian Consul in Bali Majell Hind, pictured at the office of the Bali Prosecutor, in Denpasar. Picture: Lukman S. Bintoro Source: Supplied

Meanwhile, three Sukhoi air force fighter jets, which have been on standby in Bali for the past week in readiness to fly security for the transfer, were due to return to their base in Makassar in South Sulawesi yesterday.

But their stay in Bali has now been extended to March 7. And a CH295 air force transport plane, which was to be used to fly Chan, Sukumaran and paramilitary police to Cilacap in Central Java, has now left Bali and gone to Jakarta.

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