Bali Nine: Australians will not be executed this month, says official

http://www.theguardian.com/world/2015/feb/17/bali-nine-indonesias-attorney-general-postpones-transfer-for-execution-reports

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Convicted Australian drug smugglers Myuran Sukumaran and Andrew Chan will not be moved from their Bali prison for execution this week, Indonesian authorities say, and it is unlikely executions will take place this month.

A spokesman for Indonesia’s attorney general said the prisoners’ transfer had been delayed because the prison at Nusa Kambangan, where they will be executed, is not yet ready.

Spokesman Tony Spontana said: “I cannot be sure how many days it will take to finish this preparation but I can guarantee the executions will not take place this month, if there are no extraordinary changes.”

Spontana also said the Australian government had asked for Chan and Sukumaran to have more time to spend with their families.

“I’m sure this week there won’t be any transfers,” he told reporters in Jakarta on Tuesday.

A team from the attorney general’s department had inspected Nusa Kambangan and found issues that must be resolved before moving the prisoners, Spontana said.

Problems had arisen because of the plan to execute more than five people there. “The space for the executions and the isolation cells will need some adjustments,” he said.

Spontana said there were already five prisoners in the space reserved and on seeing this, the team realised no others would fit.

“We will immediately develop this facility to make it broader,” he said. “It will take time because the breadth is five metres right now. The execution site right now is also only technically suitable for five people.”

He said adjustments would have to be made or an alternative place found.

Spontana also indicated that Brazilian national Rodrigo Gularte, who is on death row for a drug offence, would not be executed while questions remain about the state of his mental health.

“We have also received letters from the head of the Nusa Kambangan prison about one of the inmates showing indications of mental illness. He has already asked the attorney general’s office to have Mr Gularte checked at a hospital outside the prison because there are limited medical facilities at the prison,” he said.

“We have to make sure he is fully recovered before the execution.”

No date has been announced for the executions, which will also include prisoners from France, Nigeria and the Philippines.

Kerobokan prison governor Sudjonggo told reporters on Tuesday afternoon he had no knowledge of a postponement to the transfers. “I haven’t received any notification of that,” he said.

At Kerobokan prison on Tuesday, Sukumaran’s sister, Brintha, and other family members removed several large bags of books, mostly on art and painting.

Sukumaran’s friend, the artist Ben Quilty, wrote on his Facebook page: “Myu is clearing out his studio today. And my heart is broken.”

Officials said on Monday that the pair would be transferred this week. Lawyers for Chan and Sukumaran had said they should not be moved to the prison where the execution would take place while the legal process continued.

The lawyers said they had new indications their last-ditch legal appeal was moving forward. They are appealing against the decision not to grant clemency made by the president, Joko Widodo, on the basis that Indonesia was facing a “drug emergency”.

Speaking to reporters in Jakarta on Monday afternoon, Lubis said the legal team had been summoned to a meeting with the head of the administrative court next week.

“This is prima facie evidence that the legal process is still ongoing,” Lubis said. “I hope this legal process will be respected by the attorney general and all parts of the government.

“So they cannot move them, not to mention execute them, while the legal process is still going on.” But the attorney general made no mention of any link between the appeals and the delay.

On Tuesday afternoon Indonesia’s foreign minister, Retno Marsudi, stressed that the application of the death penalty is in accordance with due process.

“The death penalty is part of the law of Indonesia,” she said. “It is implemented as a last resort for the most serious of crimes. The decision is taken by our judicial system, which is independent and impartial.

“In the application of the death penalty Indonesia has ensured that due process of law is fully adhered to and that all credible legal avenues are undertaken in accordance with the Indonesian legal system.

“The decision to enforce the death penalty is not directed to a particular country.”

Marsudi also said that Indonesia’s fight against drugs had entered a “critical stage” and that drugs had “ruined the lives of many hardworking Indonesians”.

On bilateral issues with Australia, Marsudi stressed Indonesia’s sovereignty and said the case in hand was a legal, rather than political situation.

“Although we understand the position of the Australian government, it should be underlined that this issue is purely a law enforcement issue, law enforcement against an extraordinary crime.”

The Australian foreign affairs minister, Julie Bishop, told the ABC: “Any delay in plans by the Indonesian authorities to execute Mr Chan and Mr Sukumaran will be a relief to the men and their families and I certainly welcome the decision delay it.

“It gives us an opportunity to continue to engage on the best way forward with the Indonesian authorities so we will continue our representations at the highest level across the Indonesian government.”

Quilty is organising a vigil for Myuran in Sydney on Wednesday night. The event, at the Sukumarans’ church in Sydney’s west will feature speakers such as radio host Alan Jones. Chaser member Craig Reucassel will act as MC.

Eddie Perfect is hosting a similiar event organised by the artist Matthew Sleeth in Melbourne. Justice Lex Lasry will speak at the Federation Square event and Missy Higgins will perform music. Representatives of the Chan and Sukumaran families will attend.

An event is also being planned in Perth on Wednesday night.