21 October 2008

Appeal Denied -- What's Next?

It seems that the three cowards, AKA Amrozi, Samudra, and Mukhlas (photo courtesy of Reuters) have been thwarted once again, this time by the Constitutional Court. It seems that the Constitutional Court has adopted a position that says the whole point of the death penalty is to see the convicted person dead. In other words death sometimes hurts and in death penalty cases the method of execution may cause pain but this pain does not constitute torture and as such the method cannot be deemed to be cruel and unusual.

Therefore, the firing squad does not constitute a method of execution that is either cruel or unusual or, for that matter, inhuman. The Constitutional Court seems to concede that pain might be involved but that the pain is not enough to warrant any Court intervention in this matter. It is worth noting that even if the Court had found the firing squad to be cruel and unusual, these three would not have benefited as Constitutional Court decisions apply going forward and not retrospectively.

This means that there appears to be no further reasons for the delay of the executions. It is expected that the Attorney General, Hendarman Supandji, will announce the date and time of the executions on Friday. Executions are not normally announced prior to the execution taking place. I guess interest in the case is such that the government feels a pre-announcement is warranted.

Next update on Friday (unless there is something worth noting beforehand).

9 comments:

Calupict said...

I've read in Kompas that they will bring the case to the ICJ. I just wish them good luck.
Links: http://www.kompas.com/read/xml/2008/10/21/13332085/Amrozi.Cs.akan.ke.Mahkamah.Internasional

Rob Baiton said...

Calupict...

Thanks for the link. Haven't read Kompas today (yesterday) as I was too busy!

treespotter said...

pardon the question here rob, i know you're all against death penalty, but really, in the case of these two, can't we just wait until we put them away?

i don't know what is more troubling, the fact that these two aren't being executed, or the fact that they're about to be a martyr in their deaths.

i'm still trying to work it out...

Rob Baiton said...

Tree...

Not sure I get what you mean by wait?

Catch 22. In terms of the things troubling you.

Aren't we all!! Still trying to work it all out.

treespotter said...

prolly sounds a bit cruel but yeah, put these two away, then the country probably needs to move on and start a debate on capital punishment.

To martyr these two for a libertarian cause is just, well, sad... it bothers me somehow...

treespotter said...

i mean, okay, that relates to the off-blog question, i'm keen to look at some death sentence data, proportionality data will be very interesting.

for others.


these two, put them out, and let's move on. they're aint worth fighting for, really.

Rob Baiton said...

Tree...

I don't know that there is critical mass to get the debate going on the death penalty.

These executions will come and go. To be honest I cannot see them not happening. It might be this week, might be next week, may be next month, whatever.

If it is about moving on then it is about the government having the testicular fortitude to bite the bullet (no pun intended) and set a date and execute them.

I am still putting together some data on the off blog question of proportionality.

treespotter said...

i think there is a critical mass for the tipping point of social values in cultures. Post inquisition europe, nation state pre WW I, Nuremberg, vietnam, internet, and all...

death penalty, abortion, gay marriage, freedom of expression, feminism, those are all tipping points. I'm saying now is not the time.

I'm very troubled by the gov't hesitation in the execution.

frankly, give me the gun, i will pull the trigger myself for these two.
i will even sleep better.

Rob Baiton said...

Tree...

I am just saying that to really get the ball rolling on this one there needs to be critical mass.

I am not sure that we are disagreeing on that point. Just phrasing it in slightly different ways.