Bali Niner to face firing squad

EXCLUSIVE access inside Bali's Kerobokan Prison with Bali 9 members Myuran Sukumaran and Andrew Chan, living day-to-day on death row. Adam Taylor

Bali Nine drug mule Myuran Sukumaran in Denpasar District Court in Bali, Indonesia. Source: News Limited

ONE of two young Australians on death row in Indonesia has lost his final bid for Presidential clemency and is now tipped to face the firing squad.

Sources have confirmed to News Corp Australia that Myuran Sukumaran's clemency plea has been rejected, in a decision bound to send shock waves through Bali's Kerobokan jail.

REVEALED: What Myuran Sukumaran has been doing in jail

On paper ... Myuran Sukumaran's clemency plea is delivered to Denpasar District Court. Picture: Lukman S. Bintoro Source: Supplied

The police headshot of Myuran Sukumaran. Source: News Limited

Sukumaran (24), known as the enforcer of the Bali Nine, listens as prosecutors ask for the death penalty ahead of his trial in Denpasar. Source: Supplied

A copy of the rejection letter — which removes almost all legal obstacles for the Bali Nine drug runner's execution — was hand-delivered to the Denpasar court and prosecutions service this afternoon as well as the jail governor.

Rejected ... the Presidential Decree responding to Myuran Sukumaran's plea for clemency. Picture: Lukman S Bintoro. Source: Supplied

Signed on December 30, on behalf of newly-elected President Joko Widodo, the letter says: "After carefully considering the clemency plea from the convicted that is listed in this presidential decree, it is assessed that there is not enough reason to give clemency to those convicted … Reject clemency plea from convicted ... The decree is valid since it is stipulated. The copy of this decree conveyed to related officials to be implemented properly. The decree is given to the convicted to be known."

Presidential blow ... the decision is bound to send shock waves through Bali's Kerobokan jail, where Sukumaran is being held. Picture: Lukman S Bintoro. Source: Supplied

The letter also rejects the clemency plea of a Dutch citizen sentenced to death in relation to operating two ecstasy factories in Jakarta.

The letter ... as received by a shocked Myuran Sukumaran this evening. Picture: Lukman S Bintoro Source: Supplied

Fellow Australian Bali Nine heroin runner, Andrew Chan, who is also on death row, has not yet received a decision on his clemency plea.

Still waiting ... Andrew Chan is yet to receive word on his clemency bid. Picture: News Corp Australia. Source: News Limited

The decision comes as President Widodo voices a hard line against drug traffickers and has ordered a raft of executions of drug criminals for this year.

A war of words between Indonesia's two highest courts regarding the number of times a condemned prisoner can apply for a case review could act in the Australian men's favour.

Both Sukumaran, 33 and Andrew Chan have been on death row since 2006 when they were convicted for their role in a plot to smuggle 8.2kg of heroin from Bali to Sydney.

Sukumaran behind bars after an appearance at district court in Denpasar in 2006. Source: News Limited

Security footage ... from the drug bust of nine Australians in Bali. Picture: Network Ten. Source: News Corp Australia

The duo had lost all their appeals against the death sentence and had pinned their hopes on their remorse and rehabilitation behind bars winning them a Presidential reprieve and a pardon.

REJECTED: Bali Nine drug runners lose chance for clemency

But early today an official from the Presidential Palace in Jakarta arrived in Bali bearing a letter which has devastated Sukumaran, his close-knit Sydney family and his legal team in Australia and Jakarta.

The letter was taken first to the Denpasar District Court and the Prosecutions office then a copy to Kerobokan jail by an official from the State Secretariat.

Sukumaran's Australian lawyer Julian McMahon has not ruled out going back to court. And late yesterday staff from the Australian consulate in Bali visited Sukumaran in Kerobokan jail for more than an hour.

The jail's Governor, who received the letter rejecting Sukumaran's clemency, was not there at the time of the meeting.

"The merits of this case need proper consideration, and if that means going back to court we will do so very soon," Mr McMahon said.

The letter ... being handed over to a Kerobokan jail official. Picture: Lukman S. Bintoro. Source: Supplied

The decision follows President Widodo — Jokowi, as he is popularly known — declaring that none of the 64 drug convicts on death row would get clemency from him and officials announcing plans for executions to be undertaken in 2015.

"Last month's announcement that all 64 drug offenders on death row will be treated the same and all executed, regardless of what any documents about clemency or private recommendations from the Court say, seems to be simply a failure of the rule of law," Mr McMahon said

"Lets not forget – for many years Myuran has worked hard to make the prison a better place, to educate and rehabilitate prisoners. When the riots were on he risked his life and protected the women's quarters. This death warrant now says "we don't care how well we rehabilitate you, what good you do, we will ignore that good work, and just kill anyway" . Is that justice?"

Mr McMahon said that the Indonesian Constitutional Court said on 30 October 2007, in Myuran's very case, that a rehabilitated prisoner should not be executed but rather resentenced and that Myuran did exactly that.

"Successive prison governors have said that Myuran and Andrew have done such good work in prison, so much rehabilitation work of themselves and others, that they should not be executed," `Mr McMahon said.

"What does it say about a system of clemency where the most rehabilitated prisoners who do the most good in prison face execution? Does anyone seriously think that Indonesia's serious criminals are on death row?"

Tough stance ... President Joko Widodo has voiced a hard line against drug traffickers. Picture: Oscar Siagian/Getty Images. Source: Getty Images

Six prisoners were slated to face the firing squad in December however none of the planned executions went ahead. They included drug traffickers from Brazil and Nigeria and two from Indonesia as well as two Indonesians convicted of murder

However, two of the six have since lodged applications for a Judicial Review of their cases in the Supreme Court, delaying executions plans.

It is understood that Sukumaran and Chan will do the same. Known as a PK, it is essentially an extraordinary appeal and can be held if there is new evidence in a case.

His future ... Myuran Sukumaran is now expected to lodge an applications for a Judicial Review of his cases in the Supreme Court, delaying executions plans. Picture: News Corp Australia. Source: News Limited

The last executions in Indonesia were in 2013 when a Nigerian and a Pakistani drug smuggler along with three Indonesians convicted of murder all faced the firing squad.

Human rights groups have condemned the decision to begin executions again as President Widodo maintained his stand against drugs which he described as a scourge on his nation, describing it as "a narcotic emergency situation".

Shortly before Christmas, in ominous signs for the Bali Nine, the President said: "I affirm again and I convey, regarding clemency on drug cases, I will not give clemency."

Jokowi said that death penalty was not his desire, but it was the court's decision.

The decision comes as the Indonesian Government and judiciary wrangle over the uncertainty of laws surrounding judicial reviews and how many times a prisoner may apply for one.

The Indonesian Constitutional Court, the country's highest court, scrapped a law which limited each prisoner to only one judicial review. However the Supreme Court countered recently by issuing a circular banning more than one judicial review. This position was supported by the present Government but the situation remains unclear as the Constitutional Court has since said the Supreme Court's position violates the Constitution.

Sukumaran, 33, has been on death row since 2006. Picture: News Corp Australia. Source: News Limited

Chan applied for Presidential clemency in 2012. Picture: News Corp Australia. Source: News Limited

This week the Government announced it will invite all parties to meet and discuss a solution to the constitutional problem. In the meantime the executions will not go ahead and cases of the two who filed for case reviews will be heard on Thursday.

Both Sukumaran and Chan applied for and lost their judicial reviews and their last chance was a clemency plea to the President.

However given the most recent uncertainty lawyers for both Australians are understood to be preparing new judicial review applications.

Both applied for Presidential clemency in 2012, arguing that since their convictions they have repented and apologised for their crime and have become model prisoners and set about proposing and running a series of rehabilitation programs in Kerobokan prison.

Behind bars ... Sukumaran and Chan have been running a series of rehabilitation programs in Kerobokan prison. Picture: News Corp Australia. Source: News Limited

Former jail governors have praised them and one jail governor even testified at their judicial review that the young Australians did not deserve the death penalty and should be given a second chance.

Sukumaran has set up and runs an art workshop behind bars which regularly holds auctions of prisoner art, raising thousands of dollars for the workshop. Artists, like famed Australian artist Ben Quilty, have run workshops in the jail and Sukumaran last year entered a self-portrait in the Archibald Prize.

Creative touch ... Sukumaran last year entered a self-portrait in the Archibald Prize. Picture: News Corp Australia. Source: Supplied

He has also been instrumental in setting up graphic art and screen printing programs in the jail along with English and computer courses. Fellow Bali Nine member Si Yi Chen runs a silversmith workshop in the jail.

Chan is studying to be a pastor and runs the jail's church and was also involved in the English and computer courses and is seeking to run a cooking school at the jail.

The courses are aimed at teaching the inmates skills in order that they leave jail with a skill and break the revolving door syndrome of prison.

Everyone who knows Sukumaran and Chan describe them as changed men who have truly repented and are sorry for their crimes.

Mr McMahon said the latest decision was a political move – exactly why most countries in the world have abolished the death penalty.

"So much Indonesian news about the death penalty in recent weeks has been political – no analysis, no reasoned discussion of how to deal with crime, or with widespread corruption, or the treatment and rehabilitation of drug offenders. Just sweeping political comments, that all drug offenders on death row must die. It's a very sorry state of affairs. Which group is next? "

Myuran Sukamaran's mother Raji breaks down, saying she will never get used to his absence and is constantly travelling to check on his welfare.

In 2013 News Corp Australia spent several days inside Kerobokan jail interviewing both.

At that time, both told in chilling detail of their fears of the firing squad and of their desperate wish to live and their hopes for the future as reformed and repentant young men.

Sukumaran and Chan were sentenced to death by the Denpasar District Court in February 2006.

Six others were sentenced to life in jail and had the sentences increased to death on appeal. They later won their further appeals and are now serving life sentences. The only woman in the gang, Renae Lawrence, was sentenced to 20 years.

Sukumaran, Chan and three others are in Kerobokan prison. Scott Rush is in Karangasem prison, in East Bali, Renae Lawrence is in Bangli jail in Bali and two others have been moved to a prison in Java.

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