A constitutional challenge to Indonesia's method of execution has failed, with a court ruling the pain of execution by firing squad did not amount to torture.
Lawyers for the three men sentenced to death for the October 2002 Bali bombing argued death by shooting violated the constitution's ban on torture.
But the Constitutional Court yesterday rejected the application to have the executions carried out by another method.
"There is no method of execution without pain," presiding judge Mohammad Mahfud said, according to newsagency AAP.
"The feeling of pain suffered by those convicted of the death penalty is the logical consequence attached to the process of death," The Age reported he said.
Other methods of execution such as beheading, electrocution or lethal injection carried "the risk of inaccuracy in the execution which, in the end, will create pain", but this did not amount to torture under the constitution.
Executions can proceed
The attorney general's office claimed in August that the constitutional challenge was no impediment to the executions being carried out.
But yesterday's decision means the government can have the men shot without claims the legal process had not run its course.
A spokesman for the attorney general said last week the government would announce plans for the executions on Friday (24 October).
Torture claim
Amrozi bin Nurhasyim, Ali Ghufron (also known as Mukhlas) and Imam Samudra asked the court to rule the firing squad unconstitutional, instead requesting a method such as lethal injection or beheading, which they have claimed in the past was more "Islamic".
They argued a delay between the shots by a firing squad and their deaths would constitute torture.
Surgeon Jose Rizal told the constitutional court in September that aiming at the heart may not be accurate.
"An accurate shot causes instant death, but it if misses, it takes time to die," he said.
Catholic priest Charlie Burrows told the court he witnessed the execution of two Nigerian drug traffickers in June 2008, when the men took seven minutes to die after they were shot.
"They were moaning again and again for seven minutes," he told said in court. "I think it is cruel, the torture."
Defence lawyer Wirwan Adnan yesterday claimed the court's 76 page decision recommended the government consider other execution methods that could ensure a fast death.
Related stories:
Bali bombers: One week to live? - 13 October 2008
Uncertain when Islamist bombers will die -- 25 August 2008
Bali executions will inspire martyrs: expert -- 25 February 2008
Bali bombers may soon get their wish -- 10 November 2007
Bali: Execution closer for bombing leaders -- 09 October 2007
Bali bombers lodge appeals -- 08 December 2006
Execution delay for Bali bombers -- 21 August 2006
Bali bombers closer to execution -- 11 April 2006
Wednesday 22 October 2008
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3 comments:
THE FACTS - DEATH BY FIRING SQUAD
The traditional firing squad is made up of 3 to 12 shooters per prisoner. The shooters stand in front of the prisoner who is tied to a stake or pole, in a remote area. The officer-in-charge of the firing squad markes an "X" on the prisoner's chest. The shooters aim at the prisoner's chest and upon a signal from the officer-in-charge, all the shooters fire.
The bullets fired at the chest rupture the heart, the blood vessels, the lungs and surrounding body parts. Eventually, (may take up to 20 minutes) the prisoner dies of massive blood loss and shock. Very often, the officer-in-charge needs to finish-off the prisoner by giving him a pistol shot to the head because the prisoner is still alive and moaning.
A bullet produces a cavity which has a volume many times that of the bullet. Cavitation is probably due to the heat dissipated when the impact of the bullet boils the water and volatile fats in the tissue which it strikes. According to Dr. LeGarde, in his book "Gunshot Injuries," it is proved both in theory and by experimentation, that cavitation is caused by the transfer of the momentum from the fast moving bullet to the tissue which is mostly comprised of incompressible liquid.
Any person being executed by firing squad would experience intense and overwhelming pain and there are many recorded instances of botched executions by firing squad.
Shooting is always a prolonged, gruesome and bloody death. If we are to believe Government authorities, death by firing squad is not considered "torture".
Please explain?
wow very good explanation of firing squad
thanks for explaining it all
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