ID :
15155
Wed, 08/06/2008 - 20:51
Auther :
Shortlink :
https://www.oananews.org//node/15155
The shortlink copeid
AMROZI ET AL REQUEST JUDICIAL REVIEW OF LAW ON DEATH PENALTY PROCEDURES
Jakarta, Aug 6 (ANTARA) - Death-row convicts Amrozi et al have officially requested the Constitutional Court (MK) to conduct a judicial review of the country's Law on Procedures to Implement the Death Penalty on the ground that the law contradicts the 1945 Constitution, one of their lawyers said.
Official papers on the request were filed with the Constitutional Court by a member of the Muslim Lawyers Team (TPM), Wirawan Adnan, here Wednesday.
Adnan told reporters the request for a judicial review was made as the law was against Article 28i point 1 of the 1945 Constitution.
"The Law on Procedures to Implement the Death Penalty cannot be used as the basis for an execution as it was made by the Gotong Royong House of Representatives (DPR GR) while the DPR GR was set up not through a popular election but through presidential appointments," he said referring to the parliament that existed during former president Soekarno's regime.
Therefore, he said, the law had not been made through the proper procedures and its substance also violated Article 281 point 1 of the 1945 Constitution.
Article 28i point 1 of the 1945 Constitution says that the right to live, the right not to be maltreated, the right to have the freedom to express ideas and conscience, the right to embrace a religion, the right not to be enslaved, the right to be recognized as an individual before the law, and the right not to be prosecuted retroactively are human rights that cannot be reduced under any condition.
"Execution by a firing squad is maltreatment so the law is no longer needed," he said.
According to Adnan, the law also stipulated that the firing squad must aim at the prisoner's heart, and - if the prisoner is still alive, fire again at the prisoner's temples. "This means the the law is inhuman and against Article 28i point 1 of the 1945 Constitution. Execution by injection is more human," he said.
Thus, he said, the execution of Amrozi et al (who were sentenced to death for their roles in the 2002 Bali bombings) should be stayed pending a decision from the Constitutional Court on the judicial review of the Law on Procedures to Implement the Death Penalty.
He said if the prosecutor's office still carried out Amrozi et al's death sentence, there would technically be no problem but legally there would be a problem of legitimacy, he said.
Adnan also deplored the fact that until now he and other TPM members had not yet received a copy of the Supreme Court's letter stating its rejection of Amrozi et al's request for a judicial review of their death sentence. Neither had the TPM been informed about the Supreme Court's session where the decision was made to reject Amrozi et al's judicial review request.
"We are Amrozi et al's defense counsels and as such should have been informed about these Supreme Court processes," he said.
Official papers on the request were filed with the Constitutional Court by a member of the Muslim Lawyers Team (TPM), Wirawan Adnan, here Wednesday.
Adnan told reporters the request for a judicial review was made as the law was against Article 28i point 1 of the 1945 Constitution.
"The Law on Procedures to Implement the Death Penalty cannot be used as the basis for an execution as it was made by the Gotong Royong House of Representatives (DPR GR) while the DPR GR was set up not through a popular election but through presidential appointments," he said referring to the parliament that existed during former president Soekarno's regime.
Therefore, he said, the law had not been made through the proper procedures and its substance also violated Article 281 point 1 of the 1945 Constitution.
Article 28i point 1 of the 1945 Constitution says that the right to live, the right not to be maltreated, the right to have the freedom to express ideas and conscience, the right to embrace a religion, the right not to be enslaved, the right to be recognized as an individual before the law, and the right not to be prosecuted retroactively are human rights that cannot be reduced under any condition.
"Execution by a firing squad is maltreatment so the law is no longer needed," he said.
According to Adnan, the law also stipulated that the firing squad must aim at the prisoner's heart, and - if the prisoner is still alive, fire again at the prisoner's temples. "This means the the law is inhuman and against Article 28i point 1 of the 1945 Constitution. Execution by injection is more human," he said.
Thus, he said, the execution of Amrozi et al (who were sentenced to death for their roles in the 2002 Bali bombings) should be stayed pending a decision from the Constitutional Court on the judicial review of the Law on Procedures to Implement the Death Penalty.
He said if the prosecutor's office still carried out Amrozi et al's death sentence, there would technically be no problem but legally there would be a problem of legitimacy, he said.
Adnan also deplored the fact that until now he and other TPM members had not yet received a copy of the Supreme Court's letter stating its rejection of Amrozi et al's request for a judicial review of their death sentence. Neither had the TPM been informed about the Supreme Court's session where the decision was made to reject Amrozi et al's judicial review request.
"We are Amrozi et al's defense counsels and as such should have been informed about these Supreme Court processes," he said.
