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Thread: Bali Nine

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    Bali Nine

    Scott Rush escapes death penalty

    Bali Nine drug smuggler Scott Rush has been spared the death penalty by a court in Indonesia.

    Foreign Affairs Minister Kevin Rudd confirmed the decision in Parliament, saying Rush's appeal against the death sentence had been successful.

    Three Supreme Court judges reviewed the case and cut the death penalty back to life in prison.

    Rush, 24, had been facing the death penalty for his part in a 2005 plot to smuggle more than eight kilograms of heroin from Bali to Australia.

    It is understood the Supreme Court has granted his appeal on the basis that he had shown remorse for his actions, while also citing his age at the time as a mitigating factor.

    The court also considered the fact that he was not a ringleader in the group, only a courier.

    This has been a tortuous process for Rush, who is currently being held in Bali's Kerobokan Prison.

    After he was caught in Bali with heroin strapped to his body, he was sentenced to life in prison.

    After an appeal, that was increased to the death penalty.

    When he launched his final appeal last year, it was backed by evidence from former Australian Federal Police commissioner Mick Keelty, who said Rush had played only a minor role in the Bali Nine drug smuggling syndicate.

    A clerk for one of the judges who reviewed the case confirmed this afternoon that Rush's request for the cancellation of that death penalty had been granted.

    Scott Rush's father Lee says he is relieved by the news his son's life has been spared.

    "It's a great relief. It's been a long time coming," he said.

    "It's been a sentence that was far too harsh from the beginning for the crime that he committed.

    "We had hoped that we could get a lighter sentence than that, so on that basis we must continue to attempt to get Scott and the other Australians back home where they belong."

    Mr Rudd says Australians will greet the decision with relief, and the Federal Government remains in close touch with Rush's parents.

    "The Australian Government welcomes this decision by the Supreme Court," Mr Rudd told Parliament.

    "It is a bipartisan policy in this country that we oppose the death penalty."

    Opposition foreign affairs spokeswoman Julie Bishop says Rush was a young man aged 19 when he was caught trafficking drugs and has a somewhat troubled past.

    "This young man has learned a very, very harsh lesson," Ms Bishop told Parliament.

    Nine lives

    The saga began when the Australian Federal Police tipped off the Indonesian police about the drug-smuggling ring.

    Rush was one of four Australians among a group arrested at Bali's Denpasar Airport in 2005.

    He joins a number of other members of the drug smuggling plot who are also serving life sentences in Kerobokan, including Martin

    Stephens, Matthew Norman, Si Yi Chen, Tan Duc Than Nguyen and Michael Czugaj.

    Stephens had his final appeal against a life sentence rejected in January.

    The final member of the drug ring, Renae Lawrence, is serving a 20-year sentence, which has already been reduced by almost two years.

    The so-called Bali Nine ringleaders, Andrew Chan and Myuran Sukumaran, are also waiting for the outcome of their judicial reviews in the hope they will also escape the death penalty.

    http://www.abc.net.au/news/stories/2...section=justin

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    Scott Rush told life sentence is final

    BALI Nine drug mule Scott Rush has been told the decision to commute his death sentence to life in prison is final.

    Rush's Bali-based lawyer, Robert Khuana, said he had asked prison authorities to pass on the news to Rush that Indonesia's Supreme Court had granted his final appeal, sparing him from execution.

    "I have asked the prison officers to tell Scott of the decision," Mr Khuana told AAP today.

    However, Mr Khuana wanted Rush to know the decision was final.

    Mr Khuana will visit Rush in person at Kerobokan Prison tomorrow to discuss the decision in more detail.

    Rush, 25, from Brisbane, had been facing the death penalty for his part in a 2005 plot to smuggle more than eight kilograms of heroin from Bali into Australia.

    However, the Supreme Court yesterday revealed it had granted his final appeal, known as as judicial review, and had commuted his sentence to life in prison.

    While the result was not as good as the 15 years sought by Rush's lawyers, the decision did bring relief to his family, with his father Lee Rush saying it had been: "A long time coming."

    It also comes after an earlier appeal delivered a much more shocking result.

    Rush, the youngest of nine Australians convicted over the drug-smuggling conspiracy, was given life in prison when initially convicted, but had his sentence increased to death at his first appeal.

    The panel of judges that presided over that decision were the same three that reversed it yesterday, sparing Rush's life.

    While the written decision is not yet available in full, it is understood the decision was 2-1 in favour of reducing his sentence, with the judges citing the fact that Rush had shown remorse for his actions, and was only a minor player in the drug-smuggling plot.

    His age was also taken into account.

    Rush was only 19, and on his first overseas trip, when he was arrested at Ngurah Rai Airport with 1.3kg of heroin strapped to his legs and body underneath his clothing.

    Rush's supporters expressed relief on Wednesday, however like Lee Rush they had been hoping for a lighter sentence.

    Father Tim Harris, the family's former parish priest, said the decision to spare Rush's life was wonderful but also heartbreaking.

    "It's sort of bittersweet, isn't it, where there's great news about Scott's situation on the one hand but ongoing pain continues by virtue of the fact that Scott continues to serve a life sentence." he told the ABC.

    But the reaction from the man who tipped off the Australian Federal Police (AFP) about the Bali Nine plot showed there remains anger towards the role Australian authorities played in the saga.

    Family friend and barrister Bob Myers tipped off the AFP weeks before the Bali Nine were arrested in Indonesia, in a bid to stop the smugglers before they committed the crimes.

    He said the government was doing all it could to "right the wrong" of the past but he could not forgive the federal police for their role in the incident.

    "These nine young Australians all faced the death penalty because of the actions of the federal police," Mr Myers told ABC radio today.

    "It was the federal police that really had these nine people incarcerated in the first place, so I'll never forgive them for that."

    It is believed the Supreme Court carefully considered the testimony of former AFP commissioner Mick Keelty in deciding to grant Rush's judicial appeal.

    Mr Keelty, who was also a lead player in the AFP investigation that led to the Bali Nine arrests, told the Supreme Court at Rush's final appeal that he was the lowest ranking among the members of the syndicate.

    Read more: http://www.news.com.au/breaking-news...#ixzz1M2QC9QcB

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    Senior Member CnCP Legend JLR's Avatar
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    Trying to work out what on earth the australian goverment was thinking. Why did they not simply arrest them when they hit home soil. Now they have to spend millions and millions of dollars fighting to keep these men alive. Its just makes no sense.

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    After avoiding death row, Scott Rush is in love and wants to get married in jail


    Kerobokan Jail is rife with talk Scott Rush will marry Karen Hermiz though authorities have vetoed the plan

    TWO weeks after learning he had been released from death row, Bali Nine heroin courier Scott Rush is in love and is reported to want to marry his girlfriend in jail.

    American Karen Hermiz has been visiting Rush daily, often with his father, Lee.

    Ms Hermiz was in Bali two weeks ago when the Brisbane man learned he had won his last-ditch appeal against the death penalty and had his sentence reduced to life in jail.

    The pair are regulars in the crowded visiting room, spending time cuddling and kissing, according to prisoners and visitors.

    Ms Hermiz often visits twice a day.

    Approached outside the jail yesterday, she would not comment on their relationship, saying "no, no, no" when asked.

    It is believed the couple met last year.

    Kerobokan Jail bosses, prisoners and visitors say they have all heard the rumour and guards regularly tease the couple about it.

    The jail's security chief, Ari Yudo, said he had heard they wanted to marry but he wouldn't be allowing it yet.

    There had been an incident involving the two, Ms Hermiz entering the jail as part of a charity group when guards discovered she and Rush becoming intimate, against regulations.

    Mr Yudo said he had vetoed any wedding plans.

    "I will not allow him (to marry) as long as he has bad behaviour. I give him heart but he wants lungs," Mr Yudo said, using an Indonesian saying.

    It would not be the first Bali Nine wedding behind bars. Last month courier Martin Stephens married Indonesian sweetheart Christine Puspayanti.

    http://www.heraldsun.com.au/news/wor...-1226062958560

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    Bali Nine member Andrew Chan's plea fails in death sentence

    BALI NINE ringleader Andrew Chan has lost his final legal appeal against the death penalty in a bitter blow to his chances of escaping death row.

    His only chance now at life is a plea for clemency from Indonesia’s President – a man who is not known for pardoning drug traffickers.

    The Supreme Court decision came as a shock to Chan’s legal team who had not been informed of the verdict until News Ltd contacted them late yesterday with the news.

    Jakarta lawyer Todung Mulya Lubis said: “I am struck by this decision. I did not expect it. I don’t see that Andrew Chan should get the death sentence. But I havent’ seen the considerations of the sentence so what we are going to do now is to wait fro the complete sentence then I can comment further.”

    “For the next step, we will need to study the Supreme Court decision and then the legal team will discuss what to do next,” Mr Lubis said.

    He said given that Myuran Sukumaran’s case was the same as Chan’s did was not optimistic.

    “For Sukumaran, the case is the same so probably the sentence will be the same but I don’t want to say anything more about it, because it hasn’t happened yet,”Mr Lubis said.

    The lawyers are now preparing when to visit Chan and to break the news to him and discuss the next moves.
    Chan’s Melbourne-based lawyer Julian McMahon had to inform the family in Australia. Chan’s parents and siblings live in Sydney.

    The clerk of the Judges panel confirmed to News Ltd that the decision had been made and that there was no dissenting opinion.

    “I can only say that it is true, it has already been decided but the full verdict is not completed yet,” Supreme Court clerk Oloan Harianja said.

    He said the case had been discussed by the Judges on May 10. This is the same day a different panel of Judges also decided that fellow Bali Nine member, airport mule Scott Rush, should be spared death row.

    It is not known if the case of fellow ringleader, Myuran Sukumaran,has been decided as a different panel of three Judges was considering his case. But the Chan decision does not bode well for his chances of also escaping death row.

    The pair ran joint appeals last year, using the same argument that they are now rehabilitated and professing their guilt and apologising – something they had previously not done.

    The Denpasar District Court,in his report to their superiors in the Supreme Court in Jakarta, had recommended the pair be spared the death sentence.

    The Kerobokan Jail’s Governor Siswanto testified at their appeal, telling that they were now model prisoners and asking why they couldn’t be forgiven. He has become close to both Chan and Sukumaran.

    Yesterday he, like everyone involved with Chan, was shattered by the news the Chan had lost his appeal.
    Governor Siswanto said he hoped that Chan could win a plea for Presidential clemency.

    The reasons why Chan, 26, lost the appeal are not yet known and the full written judgement has yet to be completed. However, it was always going to be a hard ask for both he and Sukumaran to get a reprieve from death row, given the amount of drugs involved.

    The so-called Bali Nine was arrested in April 2005 attempting to smuggle 8.2kg of heroin from Bali to Sydney. The court heard at the time that Chan and Sukumaran were the ringleaders of the group.

    Chan’s decision comes only weeks after another Bali Nine member, Scott Rush, won his appeal in the same court. Rush, one of four couriers arrested at Bali airport with the drugs strapped to them, was also on death row.

    On May 10, the court announced he had won the appeal and had his sentence reduced to a life sentence.
    A different panel of three Judges in the same court also considered Chan’s appeal on the same day but only announced their decision late yesterday.

    At his appeal late last year Chan, speaking in Indonesian, expressed his remorse and regret at his own stupidity and apologised.

    “Your Honours, when I was first arrested in 2005 I stupidly thought I knew everything and in my previous trials, on the advice of my old lawyers, I pleaded my innocence. I stupidly thought I could walk out of here despite the crime I committed. However, I now know much better and it feels good to be able to speak the truth, to apologise and to ask for the forgiveness of Your Honours.

    “I also want to apologise for my behaviour in 2005 when I was in front of this Honourable court. At that time I did not have the proper respect for the court. However I have learned a lot about myself and about Indonesian society during the last five years since then and I feel very embarrassed about my behaviour,” Chan said.

    “I know that I did some stupid things when I was younger and I know that I can’t change my past but I have genuinely changed my behaviour and I really want to focus on what I can do now and in the future. I understand much better now the devastating effect that drugs can have on people and their families and God has shown me that a person who has done bad things in the past can make amends once they can accept responsibility for their actions.”

    Since being in jail Chan has found God and is studying ministry and theology by correspondence and is one of the leaders of the prison church, where he helps to run regular English services. He told of now trying to support and help prisoners and of helping to run computer and other courses.

    “I am doing these things to help others and because I believe I have a purpose in life, not just to be held in prison and then executed. Once again, I want to say how deeply sorry I am for what I did in the past. I accept that I deserve to be punished for my crime but I beg the court that I not be executed.”

    Chan said one day, after serving his sentence, he wanted to have his own family and become a Minister or Counsellor “so that I can work with young people to prevent them from making the same mistakes as me”.

    http://www.dailytelegraph.com.au/new...-1226077359638

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    Bali Nine member loses final appeal

    Bali Nine member Myuran Sukumaran has lost his final legal appeal against his death sentence for heroin smuggling, Indonesia's Supreme Court confirmed last night.

    The devastating news for the Sydney man follows a similar rejection for fellow Bali Nine member Andrew Chan last month. The verdict means both men will be shot dead by a firing squad unless Indonesia's president Susilo Bambang Yudhoyono gives them clemency.

    In comments made recently, Dr Yudhoyono said he almost always knocks back clemency pleas by foreigners.

    Even still, Sukumaran's lawyer, Julian McMahon, said the fight would go to save his life. Both Chan and Sukumaran are far from being the "worst of the worst", Mr McMahon said.

    "We are now at the beginning of a long and determined struggle to have the penalty for Myuran and Andrew reduced," he said. "If rehabilitation in prison means anything, these two men have earned that benefit."

    Sukumaran and Chan were organisers of a heroin trafficking syndicate uncovered by Indonesian police in Bali following a tip off from the Australian Federal Police. The regulations governing the operations of the AFP have since been changed to stop them putting Australian lives at risk when co-operating with overseas police forces.

    Both men initially pleaded their innocence and refused to cooperate with authorities. But, last year, they admitted their guilt and apologised, explaining they had been foolishly lured by the glamour and easy money of drug smuggling.

    They have both been active running education programs for other prisoners in Bali's Kerobokan prison and earned rare praise from the governor of the penitentiary, Siswanto. Siswanto personally pleaded before the court that the two men be allowed to live.

    While Chan has developed a strong Christian faith and has said he doesn't fear death, the news of the appeal's rejection is likely to weigh more heavily on Sukumaran.

    The Australian government has repeatedly urged Indonesia to show leniency to the Australians, including in personal pleas to Dr Yudhoyono. Foreign minister Kevin Rudd will be in Jakarta tomorrow and is likely to raise the matter again.

    Read more: http://www.smh.com.au/world/bali-nin...#ixzz1RKhul3c0

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    Bali Nine beg to stay after riots

    THE riot's most destructive phase had passed, and most of the combatants inside Bali's Kerobokan prison were calming down when a small mob of 25 inmates hatched a new and dangerous plan.

    They decided to break into the armoury, where pistols, shotguns and ammunition were stored for the normally unarmed guards to defend the prison against just such an uprising.

    But there were no guards left to use these weapons. It was 4am on February 22, and hours earlier, confronted by hundreds of prisoners throwing stones and setting fires, they had fled, ceding control of Kerobokan to its inmates.

    Myuran Sukumaran - drug smuggler, member of the Bali Nine, death-row inmate - saw the group heading for the armoury and decided to stop them. He concealed a crowbar and stood guard near the door.

    ''If they'd got hold of those weapons, it could have been a whole different story,'' Sukumaran told The Sun-Herald last week, as he sat with fellow death-row prisoner Andrew Chan on the tiled floor in Kerobokan's hastily reconstructed visiting area.

    It's the first interview any of the Australian inmates has given since the riots, and since Indonesian authorities announced the prison would be closed.

    Six of the Bali Nine agreed to talk about the riot and its aftermath. Their message is simple and surprising: Kerobokan is safe. They do not want to leave it, and they want the help of Australian authorities to allow them to stay.

    The Indonesian Department of Corrections has other plans. The Australian consulate has confirmed authorities want to ''relocate all prisoners in the next two to three months to allow major renovations to be made''.

    It's not clear whether this is intended to be a temporary move or a permanent one. But the Australian prisoners fear that once they are out of Kerobokan, they will never return. They might be moved from Bali, which does not have another high-security jail equipped to handle ''class one'' prisoners. They fear they will be sent to a jail such as Cipinang, Jakarta's high-security prison which holds 4000 prisoners in a space designed for 1500, and where violence is said to be routine.

    Kerobokan, by contrast, for all its flaws is home. ''It's not so bad,'' insists Sukumaran. But that's not how it looked in the midst of the riots.

    Sukumaran and another prisoner, an Iranian drug smuggler, held out in front of the armoury for two hours, until 6am, as their fellow inmates tried to break down its metal doors. ''I was hoping they wouldn't succeed,'' Sukumaran says.

    Why? ''Because then I'd have to fight them.''

    His fear was not that he would be shot by prisoners. He worried that if the inmates were seen brandishing weapons, the police and army might shoot to kill. He had earlier been part of a larger group (including the one guard brave enough to remain) preventing rioters getting into Block W, where the women prisoners live.

    It's strange sitting surrounded by fire-blackened walls and twisted corrugated iron, talking about the rioters' attempts to obtain weapons being told that everything is safe and well. But the Australians insist it is.

    ''This is a jail,'' shrugs Si Yi Chen. ''Jails have violent times and peaceful times.''

    They say the riot was not a planned event but a mostly spontaneous expression of frustration. There are gangs, they say, and a smattering of ''little shits'', but they did not feel under attack, and they say there is no racial tension between the 60-odd foreigners and the Indonesians.

    Some of the Australians, including Matthew Norman, say they sat in their cells during the riot. Chan slept through much of it.

    When talk began that they must be moved, Renae Lawrence says she and marijuana smuggler Schapelle Corby locked themselves in a cell.

    ''It's nothing bad about the other jails,'' Lawrence says. ''It's just that we've been here for seven years and we've adapted.''

    Sukumaran has helped set up an art studio and jewellery workshop. Chan, a Christian convert, maintains the chapel within the prison.

    Norman, who was only 18 when arrested, helped establish language classes. There is a philosophy course, a T-shirt printing and design studio and a computer lab. ''We don't want to lose all that,'' Chan says.

    They also fear that moving from Kerobokan - in the Bali capital Denpasar - would make it harder for families to visit. Chan's mother and ill father made the trip from Sydney last week - a trip Chan believes would have been impossible if he had not been here. ''It's the last time I'll see my father,'' he says.

    Chan and Sukumaran, who have both lost final legal appeals against the death sentence, also have the prospect of the firing squad hanging over them.

    Sukumaran says it makes him tense and quick to anger. ''It's like having a gun pointing at the back of your head and you don't know when it will go off.''

    Both want to concentrate on their clemency pleas to the President, Susilo Bambang Yudhoyono, which are due to be lodged soon.

    Inside the prison, the administration block is tortured metal and blackened walls. Rebuilding will be a big task and one authorities are reluctant to undertake under the noses of 1000 inmates. Sukumaran acknowledges the problem, but dismisses it.

    ''They knock up two-storey villas outside here in six or seven months,'' he says, indicating in the direction of the street he has not walked on for seven years.

    ''I reckon they should be able to do that here too.''

    http://www.summitsun.com.au/news/wor...px?storypage=0

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    Bali nine inmate's final plea to escape death

    DEATH-ROW Bali nine inmate Andrew Chan has filed his plea for clemency with Indonesian President Susilo Bambang Yudhoyono, with lawyers asking the President to grant the drug courier ''a chance to have a new life''.

    It's the last chance to save from the firing squad the man found guilty of taking a leading role in the 2005 plot to use young couriers to smuggle eight kilograms of heroin from Bali to Australia.

    Chan's Indonesian lawyer, Mulya Lubis, said that the plea had been handed to the governor of Bali's Kerobokan prison, Gusti Ngurah Wiratna, last week, just before Thursday's deadline.

    The plea was based on the ''very progressive'' stance Indonesia had taken in adopting the International Covenant on Civil and Political Rights into its constitution and its domestic law, according to one of Chan's Australian lawyers, Julian McMahon.

    It also emphasises that, in the seven years since he was imprisoned, Chan has reformed, becoming a Christian and taking a lead role in educating prisoners at Kerobokan jail.

    ''Everyone should be universally protected under the UN treaty … and Andrew is entitled to that protection,'' Mr Lubis said.

    ''He has become a very religious person, he has become very considerate. He should be given a chance to have a new life.''

    Chan and fellow inmate Myuran Sukumaran are the only two of the Bali nine still facing the death penalty. Both lost their final legal appeal to the Indonesian Supreme Court a year ago.

    Sukumaran's clemency plea will be filed in coming months, and Mr McMahon, who with Mr Lubis represents both men, said more details on Chan's plea would also be filed at that time.

    Mr McMahon said Indonesia had not executed anyone since 2008, despite having 114 people on death row, including 43 foreigners.

    In the meantime, many in the country had been horrified by the beheading in June last year of an Indonesian maid found guilty of murder in Saudi Arabia. A committee of eminent Indonesians had been formed to fight for the rights of Indonesians on death row in other countries. ''Indonesia is now proactively fighting to save the lives of its own citizens on death row in other countries, and we regard that as an important step for us,'' Mr McMahon said.

    ''We hope the forceful advocacy by Indonesia for its own citizens improves Andrew's chances, especially because of his determined rehabilitation.''

    However, Mr McMahon emphasised that the plea for clemency was not about the death penalty in general, it was about the penalty ''in Andrew's case specifically''.

    Mr Lubis said it would be ''fair and just'' if the President granted clemency to Chan. ''The principle of criminal punishment is not an eye for an eye. The philosophy is to re-educate the people, to bring them back to society.''

    http://www.melbourneweeklyeastern.co...px?storypage=2
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    Bali Nine man launches clemency bid

    DEATH row Bali Nine drug trafficker Myuran Sukumaran has lodged his plea for clemency in the form of a "long personal letter" to Indonesian president Susilo Bambang Yudhoyono.

    One of Sukumaran's lawyers, Julian McMahon, confirmed last night that Sukumaran had handed the letter to Kerobokan prison governor Gusti Ngurah Wiratna last Friday.

    Sukumaran and fellow inmate Andrew Chan, who were found to be the ringleaders of the 2005 heroin smuggling plot, are the only two of the Bali Nine still on death row.

    Both lost appeals to Indonesia's Supreme Court a year ago, leaving the president's discretionary grant of clemency as their only hope.

    Since then, Mr Yudhoyono has granted clemency to cannabis trafficker Schapelle Corby, reducing her 20-year prison term by five years.

    This initially seemed hopeful to lawyers for the two death row inmates, but since then a powerful political backlash has occurred in Indonesia against the decision, with Mr Yudhoyono being accused of favouring a foreigner and going soft on drugs.

    This could make it politically difficult for the president to offer clemency to Chan and Sukumaran.

    Mr McMahon would not spell out the details of the plea yesterday except to say it was in the same form as Chan's, which was lodged in May.

    At the time he told The Age that the plea was based on the ''very progressive'' stance Indonesia had taken in adopting the International Covenant on Civil and Political Rights into both its constitution and domestic law.
    Yesterday Mr McMahon said that, "as is usual with clemency applications in any country, the letter contains some information which is both personal and legal".

    "It's now a matter of allowing the Indonesian process to take its course, which will include an advice from the Supreme Court to the president.

    "When the document reaches the president, several months from now, it will then be a matter purely and totally within the president’s prerogative," he said.

    Unlike Australian law, the country's political leader has wide-ranging prerogative to grant relief from sentences. In the Corby case, Mr Yudhoyono did not even explain the decision.

    "Granting clemency is an important part of the rule of law in Indonesia," Mr McMahon said.

    "The president is entitled to consider anything and everything he wishes when making a decision. The law … gives him full discretion."

    Indonesia had not executed anyone since 2008, despite having 114 people on death row, including 43 foreigners.

    In the meantime, many in Indonesia have been horrified by the beheading in June last year of an Indonesian maid found guilty of murder in Saudi Arabia. A committee of eminent Indonesians has been formed to fight for the rights of Indonesians on death row in other countries.

    http://www.smh.com.au/national/bali-...#ixzz207e1ELdy
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