Consider Australian drug convicts' rehab, lawyer to argue in review petition

In this file photo taken on Aug 17, 2010, convicted Australian drug smugglers Myuran Sukumaran (left) and Andrew Chan (right) sit inside Kerobokan prison in Denpasar, Bali. -- PHOTO: AFP
In this file photo taken on Aug 17, 2010, convicted Australian drug smugglers Myuran Sukumaran (left) and Andrew Chan (right) sit inside Kerobokan prison in Denpasar, Bali. -- PHOTO: AFP

JAKARTA - An Indonesian lawyer of two Australian drug convicts on death row is set to argue that Andrew Chan and Myuran Sukumaran were treated as "number, not human beings" in a second review petition before the Supreme Court.

Mr Todung Mulya Lubis said the second extraordinary judicial review would argue that his clients' rehabilitation while on death row was not taken into consideration the first time around, Jakarta Globe has reported.

Mr Todung said he believed there has been a "misapplication of law", and the fact that Chan and Sukumaran had changed into far better people during their decade-long confinement in Kerobokan Prison should have been taken into consideration during that review hearing, but instead they were only looked upon as mere numbers.

"This is a life. (They are) human beings. You should not treat them as numbers. You should judge them as human beings … you can only do that by doing an assessment," Mr Todung said. "They have to be respected as human beings."

His legal team hoped that the second petition would be accepted.

Chan and Sukumaran, members of an Australian group dubbed the "Bali Nine", who were arrested on the Indonesia island of the same name in 2005 for attempting to smuggle 8 kg of heroin to Australia, have lost their final appeals for clemency.

Chan's appeal for presidential clemency, typically a death row convict's last chance to avoid the firing squad, was rejected earlier this month, removing the final hurdle to putting him to death alongside Sukumaran. Sukumaran's clemency appeal had been rejected earlier. Authorities had insisted that both men had to be executed together, since they committed their crimes together, AFP reported.

"I've been told that my son will be taken out and shot at any time," mother Raji Sukumaran told the Australian Broadcasting Corporation. "He's done something stupid, he made a mistake, he's apologised for that and he's rehabilitated," she said, adding that she was confident that the Australian government would do everything it could to prevent the executions. Chan's brother Michael Chan too was hopeful.

Indonesian President Joko Widodo has indicated that the two will not receive a reprieve from execution, despite Australian Prime Minister Tony Abbott personally asking for clemency, Reuters said.

"The changes (in the inmates' lives) must have been taken into consideration, and that wasn't done," Mr Todung said, adding that in prison the two have set up a drug rehabilitation program and run art and computer classes.

"I know that time is an asset. We will try to do our best to help them, as we believe they don't deserve (to die)," he said.

Unlimited number of judicial review motions are allowed in Indonesia after a 2013 decision by the Constitutional Court when it declared an article limited to one review, void.