Indonesian government prepares to murder two members of 'Bali Nine'

CHL

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Andrew Chan and Myuran Sukumaran to be among next executed, says Indonesia's attorney general
Muhammad Prasetyo announces the Australian Bali Nine members will be among the next prisoners executed, despite a final appeal being filed



A child holds stickers of a campaign to save the two Australian citizens from the death sentence. Photograph: J. Chris/AAP
Monday 2 February 2015 19.11 AEST
Bali Nine members Andrew Chan and Myuran Sukumaran will be among the next group of death row prisoners in Indonesia to be executed, the country’s attorney general has said.

Family members of both men visited Kerobokan prison on Monday, as the news broke. They did not speak to media.

On Friday, the lawyers for Chan and Sukumaran filed a last-ditch application for a judicial review.

The attorney general, Muhammad Prasetyo, made the announcement on Monday afternoon that the two Australians would be among the next group of prisoners executed. The timing was yet to be determined, he said.

Prasetyo said various things had to be considered before setting a date for the next round of executions, including the weather.

“We’re just waiting for the right time,” he said. “Their judicial aspects have been finished and certainly we are now in the stage of preparation for their death penalty execution.”

Chan and Sukumaran were sentenced to death for their part in a heroin smuggling attempt in 2005.

Indonesia executed six people earlier this month. Brazil and the Netherlands withdrew their ambassadors in response to the deaths of their countrymen.

The final avenue of appeal, known as a PK, was successfully filed on Friday morning on behalf of Chan and Sukumaran, amid legal disagreements between Indonesia’s two highest courts over whether prisoners were allowed more than one PK. This was the second for both men. The court is expected to make a decision as early as Monday or Tuesday, however a spokesman for Prasetyo told ABC the PK would not stop the executions.

The pair’s application for a second judicial review included handwritten pleas from the men, and accounts of their rehabilitation behind bars at Bali’s Kerobokan jail.

Prasetyo said that didn’t constitute new evidence. “From what I’ve heard, the new evidence, or what’s being called new evidence, submitted, is not actually new,” he told reporters.

“It’s about current developments. The meaning of new evidence is evidence from before the sentencing, which would make the sentence different. What was submitted was something that happened after the sentencing.”

As far as the attorney general is concerned, Chan, 31, and Sukumaran, 33, exhausted their avenues for appeal when president Joko Widodo refused them clemency.

But he promised not to interfere with the court process.

“We hope the courts will see with clear vision how dangerous narcotics are to our nation,” he said. “I will not influence that.”

Nyoman Sudiantara, Chan’s former lawyer, told Guardian Australia on Monday he believed political differences between Indonesia and Australia had likely played some part in the decisions so far – including president Joko Widodo’s refusal to grant clemency.

Australian politicians, including the prime minister and foreign minister, are believed to have made back-channel appeals to the Indonesian government but to no avail.

Sudiantara said the filing of a second PK was largely unprecedented and had caused confusion.

:mjcry:

http://www.theguardian.com/world/20...n-sukumaran-next-executed-indonesia-bali-nine
 
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'Please don't kill him,' plead family of Bali Nine member Myuran Sukumaran
Mother Raji says Myuran and Andrew Chan ‘have been rehabilitated, they have been doing a lot of things, they are good children’



Sukumaran’s sister Brintha and mother Raji talk to the media in front of Kerobokan jail in Bali on Friday. Photograph: Putra Sinulingga/AAP


The family of the condemned drug trafficker Myuran Sukumaran publicly pleaded on Friday for his life, as well as that of fellow prisoner Andrew Chan, as the Australian embassy was given official word the pair would be executed this month.

Sukumaran’s mother, Raji, stood outside Kerobokan prison on Friday with her daughter, Brintha. They had visited daily for almost a week, as hope for the two men peaked and troughed.

“They have been rehabilitated, they have been doing a lot of things, they are good children, please don’t kill him,” pleaded Raji.

Brintha Sukumaran said: “Please don’t kill my brother. Please, he is a good person, he is really rehabilitated. We love him so much, please don’t kill him, please.”

She said Myuran was helping other prisoners, and had sold one of his paintings to pay for an operation for a woman with pancreatic cancer.

“He is doing everything he can to help people inside and no one is listening to us, it’s not fair,” she said. “We don’t have much time and he is scared, I can see it in his eyes.”

The Denpasar district court received and then appeared to be seriously considering an application for a second judicial review, but hopes were dashed when it was formally rejected on Wednesday afternoon.

The two men are popular inside the prison. Guardian Australia spoke to numerous supporters of Sukumaran’s art studio and classes for fellow prisoners, and Chan’s work as a pastor.

On Thursday an Indonesian inmate, Rico Richardo – who suffered a stroke and was cared for by Chan on the day Chan lost his clemency appeal – said he would take the Australian’s place.

“If the honourable Bapak President insists on executing Andrew Chan, I Rico Richardo as Indonesia citizen am ready to replace Andrew Chan as the death row convict that will be executed,” he wrote in a letter to the Indonesian president, Joko Widodo.

Armanantha Nassir, a spokesman for the Indonesian foreign minister, said notification was sent to the Australian embassy on Thursday “to notify that the execution will be held this month”.
“We sent the notification after we were notified by the attorney general about the execution plan,” he said.

Earlier this week the Indonesian attorney general, HM Prasetyo, said all embassies of the 11 prisoners scheduled to be executed next had been informed but did not detail which.

Tony Spontana, a spokesman for the attorney general, told Guardian Australia no new information would be publicly released on when or where the 11 people – spread across Indonesia’s prison system – would be put before a firing squad.

The Australian prime minister, Tony Abbott, said on Friday he was “not especially optimistic” for the fate of Chan and Sukumaran, but said “even now we are doing what we can”.

“We’ve been moving heaven and earth. We’ve been trying to do it behind the scenes because that’s the most effective way to help.”

Sukumaran and Chan were sentenced to death for their parts in a 2005 attempt to smuggle more than 8kg of heroin. They were apprehended after information was given to Indonesian authorities by the Australian federal police. The barrister who represented Bali Nine member Scott Rush said on Friday the AFP had a duty to intervene on behalf of Chan and Sukumaran.

Sukumaran and Chan have exhausted all possible legal recourses. Their legal team made a controversial application for the second judicial review of their case last Friday, but it was rejected. The constitutional court ruled prisoners could have more than one, but the supreme court disagreed.

Prasetyo said there was no new evidence in the application but he would not intervene in the court process.

Indonesia’s minister of law and human rights said a new regulation to be issued in a few months’ time would allow multiple judicial reviews but until then only one was permitted, including for Sukumaran and Chan.

The Indonesian lawyer for the pair, Todung Mulya Lubis, told Guardian Australia the rejection of the second application “can be considered violation of the constitutional court decision”.

“[The] constitutional court decision is final and binding, and every court should adhere to that decision. I regret the rejection and reserve a right to take any possible legal recourse available,” he said late Wednesday.

On Thursday Sukumaran and Chan released a letter to Jokowi through the evangelist Matius Arif Mirjara, pleading for a moratorium on the death penalty.

The letter said: “To government of Indonesia, we beg for moratorium so we can have chance to serve Indonesia and commit to bring more benefits on the rehabilitation process in prison. We believe in the Indonesian legal system that brings justice and humanity.”
http://www.theguardian.com/world/20...d-family-of-bali-nine-member-myuran-sukumaran
 

CHL

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Bali Nine: Kerobokan prison becomes Myuran Sukumaran's life canvas
Drug trafficker’s art classes are so popular that many former prisoners return to prison to keep taking them

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While Bali Nine member Myuran Sukumaran waits to hear the date of his execution, he continues to hold art classes for his fellow prisoners at Kerobokan prison.
While waiting to hear if he and fellow drug trafficker Andrew Chan would be allowed one last review of their case, Sukumaran gave his friend, Norwegian academic Øivind Klungseth Zahlsen, a list of people he believes can carry on the art studio for him.

Zahlsen does not like to think of this list.

Speaking in the days before the appeal was rejected, he told Guardian Australia he was still holding out hope that the man he now calls a friend will be spared, and the work he’s done to improve the daily lives of prisoners inside Kerobokan will spread across the Indonesian prison system.

“For me this is losing a very good friend,” Zahlsen tells Guardian Australia in Seminyak.

“He wants to live, he wants to fight for living, and a place in jail for life he had accepted. A life in jail is something he accepts. He can do good here.”

When the Indonesian president, Joko Widodo, denied his appeal for clemency in January, Sukumaran told Zahlsen that day.

“He was devastated, but he doesn’t really show it. Last time I met him he tried to be the good guy for everyone but this time he was shaking. I wouldn’t say he’s a tough guy, not like that. He’s a guy who is always very humble,” says Zahlsen.

Zahlsen took the Norwegian ambassador, Stig Traavik, through Sukumaran’s art studio last Thursday. More diplomatically neutral than countries like Australia, Norway is actively advocating for death row prisoners.

“Our ambassador was so touched by this, not just the quality of the paintings but of the whole scenario, that he decided to ask about buying one of the pictures, but got it as a gift,” says Zahlsen.

“To me even, with all the hustle and bustle in daily life, I come in to the prison and it is a kind of contemplative atmosphere that actually helps me.”

Zahlsen recognises the strangeness that he finds peace inside a prison.

The goal of the art studio is to keep prisoners away from the criminality inside Kerobokan jail, he said, and to give them a focus. Prisoners must be drug free before Sukumaran allows them to attend.

Videos of the art classes seen by Guardian Australia show mostly Indonesian prisoners – some painfully young – working at their art with care, encouraged by Sukumaran and visiting prison officials.

The classes are so popular that many former prisoners return to take them long after they are released from Kerobokan.

There is talk about replicating it across the country, and while Zahlsen would like to see that it would also “leave a bitter taste”.

“This is like taking the life of the architect whilst admiring the building,” he said. “That, I think, is another very, very sad part of this.”

The plea is one that has been echoed by Australian artists and friends of Sukumaran, Ben Quilty and Matt Sleeth.

Quilty and Sleeth ran one of the long-ago-scheduled workshops with Sukumaran on Tuesday.

“The rehabilitation has been such a success and the authorities in the jail have had such success in rehabilitating its prisoners, now it would be real shame to end that rather than celebrate that,” said Sleeth outside the prison.

“It’s my belief the workshop helps the other prisoners, to help build skills in the jail and to further rehabilitation,” said Quilty.

Through the Gateway college in Bali, Zahlsen and colleagues – including the director of studies, Ivar Schou – have taken more than 800 Norwegian students to the prison, mostly to an annual art auction. The money raised from art sales is “more than enough to feed both men for many years”, says Zahlsen.

Schou, who has lived in Bali for the past 10 years, has developed a regular philosophy class with Sukumaran for prisoners. He, like so many others, now calls the Australian his friend.

“With Myuran it is difficult to think about his case because he is still alive and is so productive and so pro-social and doing things all the time in the prison,” Schou tells Guardian Australia from Norway. “He was blooming in prison, in a way.”

The pair have discussed Sukumaran’s death sentence.

“Last time I was there in January and we were talking about how we felt, because now he knew he could be shot any time,” he said. “We talked about his feelings and his thoughts and what do you think about when you know someone can grab you, isolate you for three days and shoot you. He told me it was important to talk about this.”

Schou believes Sukumaran has “always been full of empathy” but was naive when he embarked on the smuggling attempt.

“For him it was money. He saw all the guys around him having the beautiful women and cars and he was naive,” says Schou.

“He thought about it like business, but didn’t think about the consequences regarding how it would affect other people who would suffer because of this.

“I think people have to understand that these people are humans and not evil … If he can be spared, if we can save his life, he will be useful for so many people.”

Although his focus has been on his friend, Schou opposed the death penalty categorically.

“Of course I am angry at this kind of system because the states are supposed to be better than individuals,” he said.

Zahlsen has met Andrew Chan only a couple of times; his most vocal Bali supporters come from the Denpasar C3 church. An SBS reporter, Mark Davis, commented in 2014 that Chan seemed to have undergone the more dramatic transformation.

On Saturday John and Made Stevens were among church members handing out flyers and stickers to passers-by. John Stevens said some knew of Chan and Sukumaran. Others did not, and even those who had heard of the case did not know the extent of the rehabilitation of the two men.

“For those who understood, there’s probably some agreement in the sense they know people are in jail and they know people are on death row but they don’t know that people have been rehabilitated,” he told Guardian Australia.

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A philosophy class inside Kerobokan prison. Photograph: Ivar Schou/The Guardian



“Often people’s perceptions when someone has been in jail for a crime – if you’ve known the rehabilitation of these people it’s a bit different. How do you explain that to a country?”

Chan’s former lawyer, Nyoman Sudiantara, also advocates for him, and has expressed interest in the art and philosophy programs.

Nyoman represented Chan in earlier legal proceedings, before appeals progressed to the PK level, but the pair still talk.

Nyoman is torn; as someone who has devoted his career to the law but also a friend of Chan’s, it is difficult to reconcile what is happening.

“For the lawyer, I’m really sad with the situation,” he said. “But, on the other side, we lawyers must also appreciate our regulation. Normally, for my mind, this is not a good situation. Not good psychologically for me. I’m really conflicted,” he tells Guardian Australia in Denpasar.

“Our president now, Mr Joko Widodo, says now the impact of the drugs is very very dangerous now, you can see it in our high schools in Bali, for example.”

Nyoman hopes the death penalty will be abolished in the near future. “In my mind also, nobody can make anybody dead except up there,” he said, pointing to the heavens.

Nyoman is in the minority in Indonesia, where support for the death penalty is reportedly about 75%.

Despite the popular support, however, there is a striking variation of supporters for the Australian pair, including Indonesians like Nyoman and a former Kerobokan prison governor, Siswanto, who praised their behaviour and controversially told the court in 2010 he hoped their death sentences would be commuted.

More recently, current and former judges have spoken out about the uselessness of the death penalty as a deterrent. Maruarar Siahaan, who sat on the 2007 constitutional court panel to hear the Australian men’s appeal, put the blame at the feet of poor enforcement for continuing drug crime.

“When the opportunity to escape detection is high, the threat of the death penalty won’t scare those who are in business of drugs,” he told AAP.

Balinese people know of the case. Taxi drivers will ask about the Bali Nine, but invariably it seems to be part of the conversation to be had with visiting Australians.

Enthusiasm is high for ridding the country of drugs, which Jokowi says kill 18,000 Indonesian people each year. Reliable statistics are difficult to come by, but even at highest estimations the rate is on par with Australia, Fairfax reported last week.

Puri Kencana Putri, head of research bureau at Indonesian human rights group KontraS said the executions would not have any effect on the drug trade.

The widespread idea of the death penalty “demonstrated a profound signal that the Indonesian government doesn’t have any roadmap enough to resolve the root cause of ‎the illicit drug trade in Indonesia,” the statement continued.

She said there was no transparency or evaluation of the Indonesian narcotics agency (BNN), which was established in 2002.

“Yes the executions are sad, but the narcotics are very bad, and we must get rid of them in Indonesia,” Guardian Australia has been told more than once.

But there is still a sense the killings are wrong, and the Balinese governor does not want the executions to take place on his island, for fear of the bad karma it will create.

The attention around Sukumaran and Chan is much bigger news in Australia. An English language paper, the Jakarta Post, follows developments and has in recent days published varying analyses, from calls for abolition to accusations of hypocrisy against Australia for campaigning for mercy only for its own people.

Late on Wednesday afternoon the Denpasar district court rejected Sukumaran and Chan’s applications for a second judicial review. In a cruel twist, the Indonesian minister of law and human rights said a new regulation to be issued in a few months time would allow multiple judicial reviews, but until then only one was permitted.

A few months is too late for the two Australians, whom Jokowi has said will be in the next group of executions. Just 72 hours notice has to be given before the men are transported to the execution site and stood in front of a firing squad.
http://www.theguardian.com/world/20...-prison-becomes-myuran-sukumarans-life-canvas
 

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AFP should intervene in Bali Nine death sentences, says man who reported plot
Barrister who tipped off Australian federal police about drug plot says AFP has to take responsibility for fate of Andrew Chan and Myuran Sukumaran


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The man whose tip-off to the Australian federal police led to the arrest in Indonesia of the Bali Nine says the AFP should be asking for clemency for Myuran Sukumaran and Andrew Chan. Photograph: Mick Tsikas/AAP
The barrister who represented Bali Nine member Scott Rush says the Australian federal police have a duty to intervene on behalf of Andrew Chan and Myuran Sukumaran, who face imminent execution for their part in the 2005 drugs plot.

Bob Myers, a friend of the Rush family, tipped off the AFP in 2005 about the planned heroin run from Bali to Australia.

He says the AFP betrayed the Bali Nine, and instead of warning Rush and giving him the chance to abort the drug mission they alerted Indonesian authorities, sparking the arrests of the nine Australians.

Speaking on ABC radio on Friday morning, Myers said he would never forgive the AFP for a gross betrayal that seems all but certain to result in executions of Chan and Sukumaran.

Now was the time for the AFP to take responsibility for its role, he said.

“They are the ones that should be coming out now and saying we made an enormous mistake and we ourselves ask the [Indonesian] attorney general [for clemency],” Myers said.

He said a guideline, in place at the time of the Bali Nine drug plot, prevented the AFP from cooperating with requests from other countries in cases that could expose Australians to the death penalty.

“But here, there wasn’t cooperation at the request of the Indonesian authorities. This was voluntarily giving information to Indonesia,” Myers said. “That’s the loophole. It was so close to illegal activity.”

Myers said the AFP had since amended its guidelines, but the organisation should still have to take responsibility for its actions in the Bali Nine case.

“I am really urging the politicians, I’m asking the AFP to stand up and say this was our fault,” he said. “It sickens me to think that the very organisation charged with our protection ... the AFP ... can betray nine young Australians the way they did. It is really just outrageous.”

The AFP has been contacted for comment.
http://www.theguardian.com/world/20...ne-death-sentences-says-man-who-reported-plot
 

CHL

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These two have pretty much become model citizens (so much so that they even have people wanting to take their place :mjcry:) not to mention the fact that the original crime was non violent and victimless, yet they are going to be killed by Indonesia :snoop: :mindblown:
 

Raptor

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:mjcry:We should have sent our special forces to break them out of jail and prosecute them on australian soil.
:mindblown:The fukked up thing is, convicted australian murderers get less time than small time drug couriers in Indonesia
 

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Bali Nine: families of Andrew Chan and Myuran Sukumaran plead for mercy
The families of the two condemned drug smugglers have addressed their pleas directly to Indonesian president Joko Widodo



The families of Andrew Chan and Andrew Sukumaran speak to the media in Jakarta on Monday. Photograph: Heru Rahadi/AAP
Helen Davidson in Bali


@heldavidson

Tuesday 10 February 2015 07.56 AEST


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The families of condemned Australian drug traffickers, Andrew Chan and Myuran Sukumaran have publicly pleaded for mercy for their sons, who they say have been “the driving force behind making Kerobokan a better prison for inmates”.

The mothers of the two men sentenced to be executed some time this month released their statement in Jakarta on Monday afternoon, addressing the Indonesian president Joko Widodo, vice president Jusuf Kalla, attorney general HM Pratseyo and the Indonesian people.

“I beg you to take the time to look properly into the facts of this case,” read the plea from Raji Sukumaran and Helen Chan.

“I understand the serious crime my son committed. They are both very sorry for this. We are very sorry for this.”

Chan and Sukumaran were sentenced to be executed by firing squad for attempting to smuggle more than 8kg of heroin in 2005. The other members of the so called Bali Nine were imprisoned.

Australia’s foreign minister, Julie Bishop, said on Tuesday the government was making daily representations in a bid to save Chan and Sukumaran.

“And we will not give up, we continue to do that on a daily basis,” Bishop told the Nine Network. “The prime minister has been making representations to the Indonesian president.”

The families’ statement stressed the pair’s rehabilitation and work for other inmates of Kerobokan prison.

“They are not the same people who committed that crime more than 10 years ago,” it said. “These days Myuran and Andrew think very little of their own needs. They are far more focused on making life better for others.

“The good things that Myuran and Andrew have done from within Kerobokan prison has become big news all around the world, please take time to investigate this,” the statement said.

The two mothers spoke of the praise they have heard from other prisoners’ families about their sons.

“This makes me so proud of my son and I thank your country for giving my son this opportunity in the Bali prison, but I just want you to please spare him from the firing squad.”

A number of people who have worked with Chan and Sukumaran have reported similar respect for the men from fellow inmates.

The families asked the Indonesian officials to revisit the testimony of former Kerobokan prison governor Bapak Siswanto, who in 2006 controversially spoke in support of the two prisoners and said they should be spared the death penalty.

Helen Chan told the ABC’s Four Corners she was proud of the way her son had conducted himself in prison.

“This is what I am proud of. I feel that he is very down to earth - facing death every day, but not crying or making a scene,” she told the program.

“Therefore this time when I see him, although I am sad, I have inner peace.”

On the ABC’s Q&A program on Monday night a professed friend of Sukumaran read out a statement on his behalf.

“I acknowledge more than anyone that I’ve made mistakes and that I’m not a perfect person, but I’ve learned a lot in prison and I am grateful to the Indonesian justice system and to the prison guards for allowing [me] to achieve all that I have for myself and for the other prisoners,” Kavita Krishnan said.

“Andrew and I are not the same people we were 10 years ago, but who is really?

“We did commit a serious crime and deserve punishment, but we have also paid a great deal for our crimes, as have our families. Please allow us to stay in prison and live.”

Pratseyo has confirmed the Australian men are scheduled to be executed among the next round, later this month.

Todung Mulya Lubis, the Indonesian human rights lawyer acting on their behalf, said on Monday the legal team would try another avenue of appeal - directly challenging the president.

Widodo has declared a “drug emergency” in Indonesia and said no drug traffickers would be spared. He refused a group of clemency appeals - including those of Chan and Sukumaran - at once and Mulya said such a sweeping rejection was challengeable. He told the ABC cases must be assessed individually.

“Indonesia is a state based on law, and we also ratified a lot of international human rights instruments. It means we respect human rights,” he said.
http://www.theguardian.com/world/20...lies-andrew-chan-myuran-sukumaran-plead-mercy
 

Solomon Caine

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Australia hasn't done enough for these two because they are not white. I wonder what the out cry here would have been like had their names being John and Harry.

:patrice:
 

CHL

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Australia hasn't done enough for these two because they are not white. I wonder what the out cry here would have been like had their names being John and Harry.

:patrice:
no...just no. In this case they have done everything for these two. This is soley the responsibility of the Indonesian government.

It is the AFP's fault for orginally getting them into this in the first place though.
 

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no...just no. In this case they have done everything for these two. This is soley the responsibility of the Indonesian government.

It is the AFP's fault for orginally getting them into this in the first place though.
Australia hasn't done enough for these two because they are not white. I wonder what the out cry here would have been like had their names being John and Harry.

:patrice:
:rudy:We even had a racist right wing radio shock jock begging the indonesian government for their clemency. I think theyve done everything they can. :snoop: Its just politics. The indonesians dont want to seem weak when it comes to Australia.
 
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