Clemency

A grant of clemency can change, lighten, lessen or revoke a sentence.

Article 14 of the Indonesian Constitution gives the President a broad power to grant clemency – or in Indonesian, grasi.  

A grant of clemency doesn’t mean the prisoner walks free from jail; in a death penalty case it means the prisoner stays in jail but does not face execution.

Applications for clemency must be made in writing to the President after appeals are exhausted.  After taking the Supreme Court's advice, the President then grants or refuses the application for clemency.

Please sign the petition to ask President Susilo Bambang Yudhoyono to grant clemency to Andrew and Myuran, changing their death sentences to an appropriate prison sentence.

What is clemency?

Clemency is an act of mercy.  It involves the executive branch of Government making a decision to reduce the sentence imposed by the Court.  In this case, we are asking Indonesia's President Susilo Bamband Yudhoyono to grant clemency against the death sentences received by Andrew and Myuran.

Why should clemency be granted?

Andrew and Myuran have now admitted and apologised for their crimes. They are doing their best to better themselves and help those around them.

Andrew and Myuran were convicted of trafficking drugs from Indonesia to Australia. They admit they committed that crime. They admit that they were selfish and greedy and they have now completely reformed. Their crime was not a violent one. 

Andrew and Myuran agree that they deserve punishment. They do not deserve to be executed by firing squad. This is why we ask that President Susilo Bambang Yudhoyono grant clemency.

About President Yudhoyono

Susilo Bambang Yudhoyono, known as SBY, has been the President of the Republic of Indonesia since 2004. A former military officer and reformist politician, he ran for election on a platform of peace, prosperity and democratic reform as leader of Indonesia's Democratic Party.

President Susilo Bambang Yudhoyono is a strong president who knows the importance of law and order and, as a leader in South-East Asia, is also an advocate for human rights, as demonstrated by his Government's recent support for Indonesian migrant workers in Saudi Arabia.

About Indonesia's criminal justice system

It has been wrongly reported that Indonesia's legal system presumes suspects guilty. This is not the case. Indonesia recognises the presumption of innocence and requires the prosecution to prove guilt before a fair court. The Indonesian Government, led by President Susilo Bambang Yudhoyono, has taken steps to reform the judicial process and root out corruption.

Indonesia is a signatory to several international human rights treaties, including the International Covenant on Civil and Political Rights.  It has made steady progress in reforming its criminal justice system and in particular its death penalty system.  The last people to be executed in Indonesia were the Bali bombers Imam Samudra, Amrozi and Mukhlas. They were executed in November 2008, and they spoke about their crimes as if they were without remorse.

Clemency for Andrew and Myuran would be consistent with President Susilo Bambang Yudhoyono's focus on law and order. In this case, where prisoners have reformed and are able to reform others, the value of clemency is significant.  Indonesia would benefit from the positive message a grant of clemency sends about its system of justice.

About the death penalty

Indonesian law allows the death penalty for certain crimes. Execution is performed by firing squad.  A group of 8 soldiers is chosen, all but two of whom have rifles with live ammunition. The reports from an eye witness of one execution in 2008 were that the prisoner lay writhing on the ground many minutes before dying.

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