Bali Nine lawyers lodge new court battle

Condemned Australians Myuran Sukumaran and Andrew Chan are seeking a fresh legal bid which their lawyers hope their would-be executioners will respect.

Andrew Chan and Myuran Sukumaran's fight to be rescued from death row has moved to Indonesia's constitutional court, a challenge their lawyers argue is more than a delaying tactic.

The Bali Nine pair on Monday lost a bid to challenge their clemency rejections in the state administrative court, which upheld its earlier decision that presidential decrees were outside its jurisdiction.

Jakarta is now just waiting on the legal efforts of a few other prisoners before setting an execution date.

Chan and Sukumaran's lawyers on Thursday sought a constitutional court review to make clear the president's obligations on considering clemency.

They also wish to challenge the barrier preventing foreign citizens from constitutional court appeals.

Attorney-General HM Prasetyo has dismissed the challenge as delaying tactics and says he won't recognise it.

Indonesian lawyer for the death row pair, Inneke Kusuma, told reporters the effort was not aimed at delaying the executions, but clarifying a prisoner's rights.

The president's obligations when assessing a prisoner's life were unclear, she argued, for example, the weight that should be given to rehabilitation.

"This judicial review won't delay the executions but we will tell the government please hold on until this process is done, because if the constitutional court accepts what we lodge, the documents, maybe there will be a new mechanism to consider their clemency," she said.

The challenge was lodged in Thursday and could take several months.

The lawyers' argument is that President Joko Widodo breached his responsibilities to treat the applications for mercy on their merits, instead rejecting them because he wishes to deny clemency to all death row drug offenders.

Mr Prasetyo says the pair have had their appeals and any constitutional court decision would only apply to future cases anyway.

His spokesman says they are still considering setting the executions for a date in April that avoids the Asia-Africa Conference, when Indonesia plays host to various heads of state.

The Sydney men are now imprisoned on Central Java's Nusakambangan island, where Indonesia would execute them by firing squad.

Two of the other eight prisoners in line for execution with the Australians have applied for Supreme Court judicial reviews, while another is also pursuing an administrative court case.


Share

3 min read

Published

Source: AAP


Share this with family and friends


Get SBS News daily and direct to your Inbox

Sign up now for the latest news from Australia and around the world direct to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Download our apps
SBS News
SBS Audio
SBS On Demand

Listen to our podcasts
An overview of the day's top stories from SBS News
Interviews and feature reports from SBS News
Your daily ten minute finance and business news wrap with SBS Finance Editor Ricardo Gonçalves.
A daily five minute news wrap for English learners and people with disability
Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS
SBS World News

SBS World News

Take a global view with Australia's most comprehensive world news service
Watch the latest news videos from Australia and across the world