Update:Stephen Fitzpatrick, Jakarta correspondent | August 14, 2008
THE three death-row Bali bombers are inching closer to a Ramadan reprieve from their executions, with Indonesia's Constitutional Court granting the terrorists' lawyers leave to plead an extraordinary appeal.
Three judges from the nine-member bench today heard preliminary arguments in the case, which argues that executing the men by firing squad is overly cruel.
Lawyers argue that the three men, Imam Samudra, Amrozi bin Nurhasyim and Ali Ghufron aka Mukhlas, should be entitled to a more humane method of execution.
"The appellants have a constitutional right not to be tortured," the application states, arguing that any delay between the initial volley by the firing squad and eventual death would constitute torture.
One member of the firing squad is authorised to shoot the condemned at point-blank range with a pistol should the general execution shot not prove fatal.
The lawyers were told to expand on their arguments at a hearing set for two weeks' time, and to specify whether they were looking for an explicit legal ruling that the executions be delayed.
They have not specified in the appeal how they would prefer their clients to be killed.
With the start of the Muslim holy month of Ramadan now only two weeks away, pressure is mounting on the Attorney-General either to order the fanatical Islamists' executions immediately or delay until probably the middle of October at the earliest.Attorney-General Hendarman Supandji has previously said he wanted the executions to be carried out before Ramadan.
The fact that the Constitutional Court is now hearing the matter should have no legal bearing on Mr Supandji's decision.
However both he and the Government of President Susilo Bambang Yudhoyono will probably face intense protests if the executions clash with Ramadan, which Muslims celebrate as a period of forgiveness for sins committed.
"Preparations (for the executions) are continuing - we don't need to wait for a decision from the Constitutional Court. When we are ready, we will execute," a spokesman said after today's hearing.
Mr Supandji has also promised the bombers' families one last visit, but so far the formal permission for that meeting has not been issued, giving more weight to the impression the executions will be delayed until after Ramadan.
Family members yesterday met with a parliamentary delegation to complain about the delay in being granted permission for their visit.
Source: The Australian
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