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