Criminal Law Expert Witness On Bali Nine

Three of the six Australians charged with the Bali Nine heroin smuggling ring challenged the constitutional validity of the death penalty and lost on Tuesday. Indonesia’s Constitutional Court rejected the challenge, saying the right to life could be limited by Indonesian laws. Expert witnesses argued that executions breach Indonesia’s constitution and international obligations. Indonesia is a signatory on an international treaty supporting abolition of capital punishment. The treaty calls for executions against only the “most serious crimes,” which does not include drug trafficking.

If the Bali Nine had prevailed, criminal law expert witness Rudy Satrio from the University of Indonesia, predicted the court could retain capital punishment but endorse a new draft of the national criminal code, to avoid creating chaos in the justice system.

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