Death Penalty Case

2-3/PUU-V/2007 (2007)

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Death Penalty Case

Indonesia Constitutional Court
2-3/PUU-V/2007 (2007)

Facts

In 2005, authorities arrested nine Australian nationals in Bali for smuggling heroin into Indonesia. Seven of the so-called “Bali Nine” smuggling ring received sentences of life imprisonment. However, the lower court sentenced Andrew Chan and Myuran Sukumaran, the two ringleaders of the smuggling ring, to death by firing squad under Law 22 of 1997 on Narcotics. On appeal, Chan and Sukumaran challenged the application of the death penalty, arguing that Law 22 of 1997 on Narcotics violated the right to life guaranteed under Article 28(I) of the Constitution of Indonesia. Chan and Sukumaran further argued that application of the death penalty violated Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which Indonesia had ratified with Law Number 12 of 2005. Chan and Sukumaran also noted the risks of using capital punishment within the criminal-justice system, as capital punishment is an irreversible punishment that cannot be corrected in cases of judicial error.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Constitutional Law

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