Herald Sun 21/05/2007 Page: 21 Page 1 of 2 General News Region: Circulation: 540000 Type: Capital City Daily Size: 610.71 sq.cms MTWTFS- And then therewere six Lifeondeathrow sian Government and aUnited States and China, Tim Lindsey largely hostile public. are enthusiastic judicial kill- has a drugs cri-ersandour neighbours, HE Nine are sis. Anti-drugs campaignersSingapore and Malaysia, protested throughout thealso apply the death penalty. not getting much trialsof sympathy in In- and and the But there are problems donesia, and why Bali Nine, becauseeven if the court decides l should they? injecting-user ratesareagainst execution, including They were convicted on soaring. Arrests are mount-a grim possibility that a tri- overwhelmingevidence ing as the police crack down umph for human rights that included confessing to on the drug trade. might come too late for any- trying to smuggle more Banners warning of theone already facing execution. than 8kg of heroin out of evils of drugs flutter in the HIS is because Consti- Bali in packages strapped streets. The airports display tutional Court judg- to their bodies. huge red placards warning of ments cannot be Three of the Bali Nine severe penalties,includingapplied retrospectively; so, in accepted the long jail death, for narcotics offences.theory, existing death sen- sentences they received on Yet drugs are a fixture oftences would stand. appeal. the party scene in , Therefore, the six of the Six were sentencedto asin most major citiesBali Nine on death row death and three of those six throughout the world. might stillface a firing are now fighting to have their But Dr Lubis is fighting forsquad, though executing death sentences overturned. his clients in the hope ofthem in the caseof a Myram Sukumaran, achieving a human rightsfavourable decision would and Scott victory for all who face thebe very problematic. Rush are represented by a death penalty in Indonesia. It is hard to imagine a highly regarded Indonesian If he can win a reprievedemocratic government human rights advocate. for the three Australians, that would have the nerve to Dr Todung Mulya Lubis is the Indonesians on deathcarry out a technically legal challenging the death pen- row he is representing inexecution when the Consti- alty in Indonesia's Constitu- the same case willalsotutional Court had declared tional Court. avoid execution. the death penalty contrary It is a courageous stand. to the Constitution. Dr Lubis is under attack The Constitutional Court It might be that the Indo- from many quarters, includ- would declare the death nesian Government would ing elements of the Indone- penalty to be in breach of unilaterally agree to sus- the right to life enshrined pend all executions. in Article 28 (a) of the Indo- nesian Constitution. If it did not, lawyers for all six of the Bali Nine on death This would mean the row would probably attempt death penalty would then to use a favourable Constitu- become unconstitutional tional Court decision as new in Indonesia. grounds for a final appeal to There is no appeal from the the Supreme Court. Constitutional Court, and This would be an internal the Government in Jakarta review by a new panel of has already declared it will judges in the court that respect any such finding. imposed the sentence. They This would be an over- would argue that the whelming victoryfor Supreme Court should use human rights in this emerg- itsdiscretiontoreplace ing democracy. death with imprisonment. Such a decision would Against this is the state- also bring Indonesia into ment by Chief Justice Prof line with the strong inter- Bagir Manan that he would national movement against not accept a Constitutional capital punishment. Court decision as grounds Ironically,Australia's for an appeal. major trading partners, the

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If he were supported byoffer him a way out. They represent the consti- The constitutional judges other judges,thelast E could argue that totutional rights of 240 milliontake their duties very seri- chance for thesixcon- defy the Constitution-residents of Indonesia, what-ously and are paying great demned Bali prisoners al Court would be eth- ever their nationality. attention to the arguments would be a plea for clem- icallyunacceptable, and Can they win? put before them in this case. ency to President Bambangapply a favourable decision Susilo Yudhoyono. to all death row prisoners. It will probably be some Like Dr Lubis, they know President Yudhoyono has This would also be seen asmonths before we know. The their decision will be one of said on many occasions thatresisting pressure from Aus-Constitutional Court will not the most important they will he would not use his powerstralia, because it would re-be rushed in its delibera-make, for Indonesians and of clemency to assist con-prieve Indonesians as well. tions. It is a capable and foreigners alike. victed drug offenders. The reality is that Dr Lu-professional court and has Prof TIM LINDSEY is director of the Asian But a Constitutionalbis and his team representshown integrity in its deci- Law Centre at the University of Melbourne Court decision outlawingnot just their clients. sions, regardless of any wish- Law School futureexecutions would es of Government.

Surge forfreedom: Andrew Chan and Myram Sukumaran are two of the Bali Nine prisoners appealing against their death sentences

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