Tuesday, April 7, 2015

Appeals By Two Austrialian Drug Smugglers For Clemency Rejected By Indonesian Court


An Indonesian court on Monday rejected appeals by two Australian drug smugglers that had earlier challenged the decision of President Joko Widodo to refuse them clemency to spare their lives.
According to the defendant Andrew Chan and Myuran Sukumaran, we have been tried separately and severally with the same judge’s panel at the Jakarta Administrative High Court. It was also revealed that the lower court has no jurisdiction since clemency is the prerogative of the president.
According to the presiding judge Ujang Abdullah:
''The object of the dispute is not part of the jurisdiction of the Administrative High court''.
He however said that Andrew Chan and Myuran Sukumaran, were among 10 drug smugglers whose execution plan for last month was adjourned due to the fact that six inmates had their appeals sent to the court. 

Meanwhile others are three Nigerians and four Brazilians, France, Ghana, Indonesia, and a woman from the Philippines.Although, two of the foreigners Serge Areski Atlaoui from France and Martin Anderson of Ghana are still awaiting the outcome of their request which was sent for judicial reviews by the Supreme Court.

Furthermore, one of the drug traffickers from the philippines Mary Jane Fiesta Veloso had earlier appealled for judicial review from the country's highest court and was rejected.Consequently, it is revealed that the planned executions have soured relations between Indonesia and other countries, most especially Australia and Brazil, but the Indonesian president has vowed not to grant mercy to drug offenders because he said:

Quoted:
''Indonesia is suffering a drug emergency''.
In a statement by Australian Foreign Minister Julie Bishop, the government was disappointed that the petitions by Andrew Chan and Myuran Sukumaran failed and that Australia:
 "Respectfully requests the President to review their pleas for clemency''.
Leonard Arpan Aritonang a defense council lawyer for the two Australians drug smugglers expressed disappointment he added that the ruling of the court has not stop them from seeking another legal option.

Quoted:
''We will file for constitutional review in the next few weeks to ask the Constitutional Court to redefine and to emphasize what is the president's obligation in relation with the clemency''.
The Australians' legal team has complained that the presidential decrees rejecting the clemency did not provide reasons why they were rejected.

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