[Deathpenalty] death penalty news----worldwide
rhalperi at mail.smu.edu
Fri Jan 19 04:23:02 UTC 2007
Rush joins appeal against death penalty
A 3 member of the Bali 9 heroin smuggling ring is launching a fresh legal
bid to escape the death penalty.
Australian Scott Rush has instructed his lawyer to proceed with an appeal
to Indonesia's Constitutional Court, arguing the country's constitution
enshrines his right to life.
Two other members of the Bali Nine, ringleaders Andrew Chan and Myuran
Sukumaran, lodged their constitutional challenges on Wednesday in a bid to
escape the firing squad.
Rush's Bali-based lawyer Robert Khuana is currently in the Indonesian
capital, Jakarta, preparing to lodge the challenge by the middle of next
Khuana said he hoped the decision by Rush, who acted as a drug courier, to
pursue a constitutional appeal would add weight to the process.
"(We hope) ... our arguments can be complementary with Chan and
Sukumaran's, to make it stronger for both cases," he said.
It is understood that similar appeals are also being planned by three
other members of the Bali Nine who were sentenced to death - Matthew
Norman, Si Yi Chen and Tan Duc Thanh Nguyen.
In launching Chan and Sukumaran's appeal on Wednesday, prominent
Jakarta-based human rights lawyer Todung Mulya Lubis said the case would
"challenge the constitutionality of the death penalty under the law".
"The reason for filing ... is because the death penalty is against the
constitution," he said, adding he was optimistic about the outcome.
"There's no legal basis, there's no constitutional basis for the death
penalty in the Indonesian legal system."
The Constitutional Court does not have the power to overturn the death
Instead, any ruling in their favour will be used to add legal weight to
their planned last-ditch appeal later this year against their executions
to the Supreme Court, known as a judicial review.
Todung said he expected a preliminary hearing would take place next week.
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