Presiding Judge Ujang Abdullah: Adjourned the appeal case of Bali Nine duo Andrew Chan and Myuran Sukumaran till March 25th. Photo: Kate GeraghtyJakarta: Bali nine organisers Andrew Chan and Myuran Sukumaran have had their latest appeal against the death penalty adjourned until next week so their lawyers can present evidence to support their argument.
Lawyers for the duo are appealing against an earlier ruling that the State Administrative Court does not have the jurisdiction to rule on their case.
Presiding judge Ujang Abdullah adjourned the case until March 25 so the lawyers can present their evidence. They may also provide witnesses if they wish.
Lawyers presenting Indonesian President Joko Widodo will then respond on March 30.
Judge Ujang said the court would summarise the rulings on April 1 and deliver the verdict a couple of days later.
The adjournment comes as Indonesian Vice-President Jusuf Kalla said the government was unlikely to execute the 10 drug felons on death row for weeks or even months as they await the outcome of their appeals.
“Actually [the executions] should have been carried out weeks ago but some of them have filed judicial review to the court,” Mr Kalla told the El Shinta radio station. “The attorney-general has to await the rulings . . . so that there would be no legal problem in the future.”
Attorney-General H.M. Prasetyo finally confirmed that the execution of all 10 drug felons had been postponed due to the ongoing legal processes.
“There are still ongoing legal processes. There are fresh legal processes that we have to [a]wait,” Mr Prasetyo said at the presidential palace in Jakarta on Wednesday.
Lawyers for Chan and Sukumaran are challenging Mr Joko’s rejection of their clemency pleas. They claim he did not assess their cases individually or take into account their rehabilitation as required by the law.
The appeal was thrown out by the Administrative Court last month on the grounds that the court did not have the power to rule on a presidential decree. However Chan and Sukumaran’s lawyers, led by prominent human rights advocate Todung Mulya Lubis, have appealed against this finding.
Lawyers representing the president said the Administrative Court did not have have jurisdiction over clemency pleas to the president. They said there was already a Supreme Court ruling that the president’s authority was unquestionable.
But a lawyer for the Bali nine pair, Leonard Aritonang, said they were not disputing that the president had the right to grant clemency.
“We know it is the President’s prerogative right as mandated in the constitution,” he said. “We didn’t dispute the president must grant or not grant the clemency pleas. But the President has a legal duty to fulfill. And he didn’t abide by it.”
The original release of this article first appeared on the website of Wuxi Plastic Surgery Hospital.