Andrew Chan and Myuran Sukumaran could remain in death row limbo for weeks while around them Indonesia plans their execution and lawyers argue for them in court.
By Australian Associated Press
Published: 06:44 GMT, 20 February 2015 | Updated: 06:44 GMT, 20 February 2015
Andrew Chan and Myuran Sukumaran could remain in death row limbo for weeks while around them Indonesia plans their execution and lawyers argue for them in court.
Indonesia’s Vice President Jusuf Kalla took a phone call on Thursday afternoon from Foreign Minister Julie Bishop, who reportedly thanked his government for delaying the men’s transfer to the execution site on Nusakambangan island.
According to his spokesman, Husain Abdullah, Mr Kalla told Ms Bishop the executions had been delayed “three weeks to one month” because of technical issues, news website beritasatu.com reported.
However, Ms Bishop and Indonesia’s Attorney-General HM Prasetyo deny the length of the delay was discussed.
Mr Prasetyo said a date for the transfer had not been set because more co-ordination was needed and he didn’t think Mr Kalla would have given a timeframe.
“I’ve never said that and I don’t think the vice president would have said that,” Mr Prasetyo told reporters in Jakarta.
“He only leaves it all to us because when a sentence already has final, legally binding status and all legal (appeal) aspects have been fulfilled, the execution is the prosecutor’s obligation and responsibility.”
At Kerobokan jail on Friday, meetings to plan the transfer to Nusakambangan jail continued, but no date was set.
“As soon as Nusakambangan is ready, we’ll send them immediately,” Bali chief prosecutor Momock Bambang Samiarso told reporters.
Gusto Kompiang Adnyana, head of Bali’s Law and Human Rights Office, said: “There’s no time for the transfer yet. We haven’t co-ordinated with Nusakambangan either.”
The delay gives Chan, 31, and Sukumaran, 33, precious days with their families, and precious time for their lawyers to ready their final legal manoeuvres.
Melbourne barrister Michael O’Connell SC visited the death row Australians in Kerobokan jail on Thursday to go over arrangements for next week’s administrative court challenge.
They will argue President Joko Widodo did not properly examine their requests for clemency before rejecting them.
Mr O’Connell says it’s a strong case, but lawyers will first have to clear jurisdictional hurdles – whether Mr Joko’s decree can be characterised under administrative law or is simply a decision that’s a matter for the president.
At the same time, the lawyers’ complaints against the original six judges in the Bali Nine pair’s trial are being examined.
Indonesia’s judicial commission has contacted the lawyers for more information about their concerns, which came after the original lawyer for Chan and Sukumaran alleged “interference” that saw the Australians sentenced to death instead of life for the 2005 drug-smuggling bid.
It has been a roller-coaster week for the men, their families and friends at Kerobokan jail.
At the start of the week, there were expectations the pair would be moved within days and Sukumaran’s family began clearing his art studio of books.
Then on Tuesday, it was announced the transfer would not take place this week because isolation cells and the execution site itself were not ready to cater to so many prisoners at once.
Mr O’Connell said the Sydney men were coping extremely well.
“They’re humbled really by the depth of support that has been coming from Australia and to some extent in Indonesia as well,” he said on Thursday.
“They are very grateful for it and they simple wait and hope.”