ID :
15896
Thu, 08/14/2008 - 20:42
Auther :
Shortlink :
http://m.oananews.org//node/15896
The shortlink copeid
Bali bombers try to delay executions
Lawyers for the three Bali bombers on death row will seek a court ruling that all executions in Indonesia be delayed until their last-ditch legal challenge is resolved.
But they concede Indonesia's Constitutional Court has no power to enforce such aruling, even if it is given.
Islamic militants Amrozi, his brother Mukhlas and Imam Samudra took their fight to the Constitutional Court on Thursday, where their lawyers will argue that death byfiring squad is inhumane and therefore unconstitutional.
They are in a race against time - having exhausted all their legal options and dueto be executed imminently for their roles in the 2002 Bali terrorist attacks.
A total of 202 people, including 88 Australians, were killed in the twin nightclubblasts on the Indonesian resort island.
Lawyer Mahendradatta told reporters the group planned to lodge a request for a provision, or judges ruling, ordering that no executions be carried out in Indonesiauntil they hand down their decision on the case.
But he admitted the court may not have any power to enforce such a ruling.
"I don't think its within (their) authority to do so, because right now (the execution) is under the authority of the attorney-general's office to do it," hesaid.
"So, it is up to them whether or not they do it. But I believe they should respectthis court and they should respect the constitution.
"Otherwise we will assume that they are disrespectful of the national constitution." Another lawyer Wirawan Adnan said there was no guarantee the delay provision wouldbe granted "but we have nothing to lose".
In a preliminary hearing on Thursday, the terrorists' legal team was given up to 14 days to improve their legal petition, including any possible application for thedelay provision.
But they risk the executions being carried out before then - Indonesia's government has said it wants the punishment carried out before the Islamic holy month ofRamadan, just over two weeks away.
Indonesia's Law and Human Rights Minister Andi Mattalatta last week said this latestchallenge was irrelevant.
And Central Java's Justice Office on Thursday said it had banned fishermen from around Nusakambangan Island, where the men are detained, as they upgrade securityahead of the executions.
The legal team told Thursday's preliminary hearing they will argue that the method of execution in Indonesia - by firing squad - amounts to torture, as there is noguarantee the men will die by the first bullet.
Indonesian law itself, sets out the possibility prisoners might not die in one shot to the heart, with a second, final, shot to the head permitted under law, thelawyers said in their petition.
"This means that the law admits that the prisoner (may) still be alive after he has already been shot, and certainly blood will be all over him, so that he will undergoa very deep torture before he finally dies by the final shot," the petition said.
They will argue the prisoners are still Indonesian citizens and, therefore,protected by the constitution, which protects them against torture, it says.
Outside the court, Wirawan said in one recent case a prisoner took 10 minutes to dieafter being shot.
He said the most humane method of execution may be by lethal injection, although hisclients had expressed a desire to be beheaded.
None of the three convicted terrorists has expressed remorse to the non-Muslim victims of the blasts and have repeatedly told media organisations they are ready todie.
But they concede Indonesia's Constitutional Court has no power to enforce such aruling, even if it is given.
Islamic militants Amrozi, his brother Mukhlas and Imam Samudra took their fight to the Constitutional Court on Thursday, where their lawyers will argue that death byfiring squad is inhumane and therefore unconstitutional.
They are in a race against time - having exhausted all their legal options and dueto be executed imminently for their roles in the 2002 Bali terrorist attacks.
A total of 202 people, including 88 Australians, were killed in the twin nightclubblasts on the Indonesian resort island.
Lawyer Mahendradatta told reporters the group planned to lodge a request for a provision, or judges ruling, ordering that no executions be carried out in Indonesiauntil they hand down their decision on the case.
But he admitted the court may not have any power to enforce such a ruling.
"I don't think its within (their) authority to do so, because right now (the execution) is under the authority of the attorney-general's office to do it," hesaid.
"So, it is up to them whether or not they do it. But I believe they should respectthis court and they should respect the constitution.
"Otherwise we will assume that they are disrespectful of the national constitution." Another lawyer Wirawan Adnan said there was no guarantee the delay provision wouldbe granted "but we have nothing to lose".
In a preliminary hearing on Thursday, the terrorists' legal team was given up to 14 days to improve their legal petition, including any possible application for thedelay provision.
But they risk the executions being carried out before then - Indonesia's government has said it wants the punishment carried out before the Islamic holy month ofRamadan, just over two weeks away.
Indonesia's Law and Human Rights Minister Andi Mattalatta last week said this latestchallenge was irrelevant.
And Central Java's Justice Office on Thursday said it had banned fishermen from around Nusakambangan Island, where the men are detained, as they upgrade securityahead of the executions.
The legal team told Thursday's preliminary hearing they will argue that the method of execution in Indonesia - by firing squad - amounts to torture, as there is noguarantee the men will die by the first bullet.
Indonesian law itself, sets out the possibility prisoners might not die in one shot to the heart, with a second, final, shot to the head permitted under law, thelawyers said in their petition.
"This means that the law admits that the prisoner (may) still be alive after he has already been shot, and certainly blood will be all over him, so that he will undergoa very deep torture before he finally dies by the final shot," the petition said.
They will argue the prisoners are still Indonesian citizens and, therefore,protected by the constitution, which protects them against torture, it says.
Outside the court, Wirawan said in one recent case a prisoner took 10 minutes to dieafter being shot.
He said the most humane method of execution may be by lethal injection, although hisclients had expressed a desire to be beheaded.
None of the three convicted terrorists has expressed remorse to the non-Muslim victims of the blasts and have repeatedly told media organisations they are ready todie.
