Lawyer for the Bali Nine Set to Request Second Judicial Review


JANUARY 28, 2015

Jakarta. The Indonesian lawyer for members of the so-called Bali Nine on death row said he would submit a second petition for extraordinary judicial review, or PK, as he is of the opinion that Andrew Chan and Myuran Sukumaran had been treated as “numbers, not human beings.”

Todung Mulya Lubis said he would file a motion in the Supreme Court (MA) seeking a second extraordinary judicial review, or PK, of Andrew Chan and Myuran Sukumaran’s cases this week, in which he seeks to argue that evidence of his clients' rehabilitation on death row was not considered during their first judicial review hearing had been significantly overlooked.

A 2013 decision by the Constitutional Court opened the door to virtually unlimited judicial review motions when it declared Article 268(3) of the Criminal Justice Act, which limited appellants to just one such hearing in the interest of legal certainty, void for denying litigants' due process rights.

Todung said he believed the fact that Chan and Sukumaran had changed into far better people during their almost 10 years in the Kerobokan Prison should have been taken into consideration in the Supreme Court's first review hearing, but they were only looked at as numbers on a page.

“This is a life. [They are] human beings. You should not trial them as numbers. You should judge them as human beings ... you can only do that by doing an assessment,” the lawyer said. “They have to be respected as human beings.”

Todung said he and his legal team would submit the second petition for judicial review with the hope that it would be accepted, as he believes there had been a “misapplication of the law.”

“The changes [in the inmates’ lives] that have taken place [in prison] must have been taken into consideration, and that wasn’t done,” he said. “I keep my fingers crossed all the time ... we believe the judges in the first [review] did not consider all the evidence.”

While in prison, Chan and Sukumaran have set up a drug rehabilitation program and they run art and computer classes. Todong said he felt they had contributed well and become “good people.”

“I know that time is an asset. We will try to do our best to help them, as we believe they don’t deserve [to die],” he said.

Todong said the convicted men had never asked for acquittal, and would accept a life sentence but he felt the “death penalty, in my opinion, is against human rights.”