The Age, March 2, 2007
Death-row bombers join Bali nine in 'right to live' plea
[PHOTO: Amrozi: New court bid. Photo: AP]
THE Bali bombers are claiming that all people have a "right to live" and will join
members of the Bali nine in trying to overturn their death penalties with a
constitutional challenge.
Amrozi, dubbed the "smiling assassin", Ali Gufron and Imam Samudra, who carried
out the 2002 Bali bombings, will lodge their challenge to capital punishment in
Indonesia's Constitutional Court this month, their lawyer, Mahendradatta, says.
He said their challenge was of the "same spirit" as that lodged by three members of
the Bali nine heroin ring on death row, Scott Rush, Andrew Chan and Myuran
Sukumaran. The challenges were likely to be joined together in one case.
The Constitutional Court last month asked for further submissions from lawyers for
Chan, Rush and Sukumaran to clarify whether constitutional provisions apply to
foreigners before beginning formal hearings. The three men are claiming that
Indonesia's constitution guarantees the right to life, so executions must be outlawed.
The other three members of the Bali nine on death row have decided to appeal to
Indonesia's Supreme Court.
The constitutional move is the Bali bombers' last legal avenue to avoid firing squads,
with a final Supreme Court appeal against their convictions set to be dismissed.
They have claimed they were ready to die as martyrs, but have tried repeatedly to
delay or overturn their sentences.
Mr Mahendradatta said the use of firing squads was akin to torture. "In our clients'
point of view there is still a possibility that someone may still be alive after being shot.
It is torture. Torture is unacceptable for whatever reason.
"As you know, they are prepared to accept the death sentence. The problem is with
the way the execution is performed."
He then admitted the challenge would be against the death penalty itself, rather than
just the method of execution. "We support the right to live," he said.
The resort to the Constitutional Court came after the bombers learnt that judges from
Bali's Denpasar District Court have recommended that their appeals against their
death sentences be rejected. The judges will deliver their recommendation to
Indonesia's Supreme Court, which is expected to endorse the decision later this
month.
With KARUNI ROMPIES
Copyright © 2007. The Age Company Ltd.
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