Convicts Request Death Penalty Judicial Review
Friday, 02 February, 2007 | 13:53 WIB

TEMPO Interactive, Jakarta: Yesterday (1/2) the Constitutional Court held a judicial review into Law No. 22/1997 on Narcotics, especially as regards the death penalty.

The request was requested by four people convicted in narcotics and illegal drugs cases and sentenced to death: Edith Yunita Sianturi, Rani Andriani a.k.a. Melisa Aprilia, Myuran Sukumaran and Andrew Chan.

Edith and Rani are currently detained in the Women's Penitentiary in Tangerang, while Myuran and Andrew--both foreigners--are in Kerobokan Penitentiary, Bali.

The request for a judicial review was initiated by an examination trial led by constitutional judge Mukhtie Fadjar.

According to Mukhtie, if the documentation for the requested judicial review is not complete, this does not matter.

However, the Constitutional Court questions the legal standing of the two foreigners as applicants of death penalty judicial reviews.

"In line with Article 51 of the Constitutional Court Decree, it does not state that foreigners can be applicants," said Mukhtie during the trial in the Constitutional Court yesterday.

Todung Mulya Lubis, the applicants' legal advisor, said that the matter of foreigners as applicants was not a problem.

This is because, according to him, everybody has a right to a defense.

Todung said he hoped that the Constitutional Court could expand the scope of applicant, so as to cover either foreigners or Indonesian citizens.

The four requested a judicial review as they regard the Law on Narcotics, especially Articles 80; 81 and 82, contradicts the 1945 Constitution, Article 28-i.

SANDY INDRA PRATAMA