Medan court rejects Chaubey's second plea for clemency<\/p>\n
Apriadi Gunawan, Medan<\/p>\n
Lawyers for convicted Indian drug trafficker Ayodhya Prasadh
\nChaubey, 66, filed a second request on Monday for presidential
\nclemency through the Medan District Court in North Sumatra to
\nevade his imminent execution.<\/p>\n
However, the court quickly dismissed the plea, saying it was
\nin violation of existing laws.<\/p>\n
Court registration committee head Ramli said he was instructed
\nby chief judge Solthoni Mohdally to reject Chaubey's second
\nrequest for clemency.<\/p>\n
Under Article 2 (3a) of Law No. 22\/2002, a convict can submit
\na second plea for presidential clemency two years after their
\nfirst request is dismissed, court spokesman Binsar Gultom argued.<\/p>\n
He said Chaubey's first request for clemency was rejected by
\nthe President on Feb. 3, 2003, so the death-row convict still has
\nto wait eights months to file a second plea.<\/p>\n
Hadiningtyas, one of Chaubey's lawyers from the Medan Legal
\nAid Institute (LBH), claimed Chaubey's legal move was justified
\nby the law and slammed the Medan court as \"arrogant\" for
\nrejecting the plea.<\/p>\n
\"Our client has the right to seek clemency for the second time
\nbecause the law allows it. The request for presidential clemency
\nis to evade the death of our client,\" he added.<\/p>\n
Hadiningtyas argued that the plea for clemency was legal
\nbecause the evidence, 12 kilograms of heroin, was never presented
\nat the court, although it convicted him of drug trafficking.<\/p>\n
\"The police say they entrusted the evidence with Bank
\nIndonesia, but the central bank denied receiving it,\" he added.<\/p>\n
Aside from which, he said, the convict had initially been
\ninterrogated by police and prosecutors without the accompaniment
\nof lawyers.<\/p>\n
Hadiningtyas said he and his colleagues from the LBH were only
\nappointed to act for the convict on June 26, 2004.<\/p>\n
Binsar also asked the Medan Prosecutor's Office to coordinate
\nwith the police to bring about Chaubey's execution, after his
\nlast-ditch legal effort was refused by the Supreme Court.<\/p>\n
It would be better for the prisoner to be executed soon,
\nanxiety is causing him sleeplessness as he awaits his imminent
\ndeath, he added.<\/p>\n
Chaubey was caught in 1994 in Medan when he was trying to
\nsmuggle 12 kilograms of heroin into the country. The Medan
\nDistrict Court sentenced him to death in 1995.<\/p>\n
His appeal was later rejected by both the Medan High Court and
\nthe Supreme Court.<\/p>\n
On Friday, Supreme Court officials presented a copy of the
\nverdict, which rejected Chaubey's second request for judicial
\nreview, to the Medan court.<\/p>\n
North Sumatra Police said they have a 10-member firing squad
\non standby.<\/p>\n
The date of the execution had not been revealed on Monday.<\/p>\n
Indonesia last executed a convict in 1994, when a Malaysian
\ndrug trafficker, Chan Ting Tong alias Steven Chong, was killed by
\na 12-man firing squad.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/medan-court-rejects-chaubeys-second-plea-for-clemency-1447893297",
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