Telly Nathalia, Jakarta – Indonesia's Constitutional Court ruled on Tuesday that executing drug smugglers did not breach the constitution, rejecting a bid by three Australians and two Indonesians who are on death row to challenge the law.
Lawyers for the three Australians – members of the so-called Bali Nine, who were caught trying to smuggle heroin out of the resort island of Bali – and for the two Indonesian drug offenders argued that the death penalty was unconstitutional because the constitution guarantees the right to life.
The three Australians can still appeal against their death sentences. Australian Foreign Minister Alexander Downer said earlier on Tuesday that Canberra would appeal to Indonesia for clemency for the nine convicted Australian drug smugglers once all legal appeal possibilities had been exhausted.
"We oppose capital punishment and will do what we can for Australians who are on death row," he told local radio before the decision was announced.
A panel of nine judges at the Constitutional Court ruled that the death penalty for serious crimes such as drug trafficking was not against the constitution nor human rights.
"For the sake of legal certainty and justice, the constitutional court recommends that all death sentences that have permanent legal force be carried out," court chief Jimly Asshiddiqie said.
The court also ruled that the three Australians had no right to challenge Indonesian laws because they were foreigners.
The Bali Nine – eight men and one woman – were arrested in Bali in April 2005 while trying to smuggle more than 8.2 kg (18.3 pounds) of heroin out to Australia
Three of them – Scott Rush and accused gang masterminds Myuran Sukumaran and Andrew Chan – launched the constitutional challenge in January. Three other members of the group were sentenced to death, but were not included in the petition.
Two members were given life sentences and the only women in the group is serving 20 years in jail.
Downer said Canberra's clemency appeal would extend only to Australians facing an Indonesian firing squad and his government would make no pleas on behalf of three men sentenced to death for carrying out the Bali bombings in 2002.
More than 200 people were killed in those blasts, including 88 Australians and 38 Indonesian citizens.
"We are opposed to capital punishment, but as far as the Bali bombers are concerned, these people have committed a terrible atrocity against our people," Downer said.
Indonesia imposes the death sentence for many narcotics offences, defending the penalty as necessary to deter others in a country with a growing drugs problem. Two Thai nationals were executed for drugs offences in October 2004.
(Additional reporting by Rob Taylor in Canberra)