1

Mr Tony Abbott PM

30-4-2015

C/o josh.frydenberg.mp@aph.gov.au
Cc:

10

Bill Shorten Bill.Shorten.MP@aph.gov.au

Daniel Andrews Premier Victoria daniel.andrews@parliament.vic.gov.au
Senator George Brandis senator.brandis@aph.gov.au
Mr Clive Palmer Admin@PalmerUnited.com
Jacqui Lambie senator.ketter@aph.gov.au
George Williams george.williams@unsw.edu.au
Senator Xenophon senator.xenophon@aph.gov.au
Ref; 20150430-G. H. Schorel-Hlavka O.W.B. to Mr TONY ABBOTT PM- Re What went wrong- the executions

15

20

25

30

Tony,
what is regrettable is that lawyers far too often ignore the real legal issues, and by this fail
to pursue what ought to have been done.
I will quote below an article by Amy Maguire (Lecturer in International Law at University of
Newcastle) and my posting in response to this.
While Indonesian President Iriana Joko Widodo claimed that he would not provide for clemency
for anyone sentenced to death involving drugs, it must be noted that not long before the
executions he actually did grant clemency to Mary Jane Fiesta Veloso of the Philippines and it
may be worth to consider why President Iriana Joko Widodo (if this is known at all) decided to
grant clemency to her where he had maintained in the past he wouldnt do so?
Obviously to me it might be that he may seek to be standing his grounds to have the others
executed while say pretending to have considered the clemency request and so granted clemency
to Mary Jane Fiesta Veloso as to seek to pre-empty any political backlash that he failed to
appropriately consider the clemency requests, as I pointed out since 4 March 2015 in my
correspondence to him.
It is very important that this matter is appropriately investigated because other persons sentenced
to death (and in future could be other Australians) may be executed if President Iriana Joko
Widodo can get away with his what I consider scandalous unlawful conduct.
.

35

Perhaps he views that Australia is too weak to mount any real response, as I understood he made
known in his comments. To him it is a non-issue. He clearly couldnt care less to even answer
your various calls knowing to well that so to say you will like a dog with your tail between your
leg listen to your master being President Iriana Joko Widodo.

40

What ought to be investigated also is if the lawyers involved did at all from onset challenge
President Iriana Joko Widodo pre-emptied presidential election promise not to grant clemency
and did they then challenge this appropriately or was it not until after my 4-3-2015
correspondence to President Iriana Joko Widodo about this that they finally, albeit too late,
pursued this issue?

45

Did the Federal Government representations, including any of its lawyers, raise this issue with
President Iriana Joko Widodo prior to 4-3-2015 at all and/or even after I raised this issue?
.

p1
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

50

55

60

2
Former President Susilo Bambang Yudhoyono also made the comment that he would not grant
clemency to drug convicts, and this also was of concern because it means he also rather than to
consider the clemency request upon their merits had indicated to blatantly disregard this. It then
place in question the integrity of the president when he grants clemency considering also that it
was reported that monies can make a difference of judges to sentence a person to death or to life
imprisonment.
My writings were about the proper application of the Indonesian constitution and as Indonesian
officials were so to say so hot under the colour about the rule of law then clearly in the end this
was not about the rule of law but about some political game where President Iriana Joko Widodo
made clear he could so to say not give a red arse about that it may be in violation with the
provisions of the Indonesian constitution. Obviously those in power couldnt care less either ab
out violating the Indonesian constitution and by this one of their own a Indonesian citizen being
wrongly denied a proper consideration of his clemency request. And it appears to me the huge
population of People of the Indonesian Republic are like sheep following the president, as to me
they appear to be too week to hold their president and other officials accountable.

65

It seems to me weak legal representation where neither the Federal Government nor the lawyers
of those now executed bothered to consider the Indonesian constitution and so its embedded
legal principles, and basically by this failed a proper representation as to have the clemency
denials to be held void in the circumstances.

70

In my view the scandalous conduct of Amy Maguire to try to use the executions as a way to push
her refugee issue must be condemned.
As I indicated we have a lawyer (not Amy Maguire) representing (so she claimed) over 100
children in detention and use a child as some bargaining chip to try to force the Government to
release her father from detention and failing this the child remains in detention. To me this kind
of conduct of a lawyer should be investigated as it cannot be deemed to be in the interest and
wellbeing of the child she represents. It is beyond me how a Human Rights lawyer is willing to
sacrifice a child for the sake of trying to use it as a pion in a chess game against the federal
government to seek to force the release of the father. I view she ought to be disbarred!
Anyhow getting back to the issue at hand, the executions and the conduct of President Iriana
Joko Widodo it should be investigated why as I understand it no one bothered to push the issue
that President Iriana Joko Widodo acted in defiance of the Indonesian constitution by unilaterally
refusing to consider upon the details of each clemency request.
What I view is that it also demonstrates the lack of understanding by lawyers involved that
Article 14 of the Indonesian constitution is subject to the Majalis being able to determine if the
President acted appropriate or not and what it can do to have the president acting appropriately.
One may ask did the Federal Government and/or any of the lawyers pursue to have the matter
regarding the unilateral refusal of clemency request merely because they related to drug matters
to be placed before the Majalis?

75

80

85

90

95

http://theconversation.com/hard-line-on-refugees-undermines-principled-opposition-to-execution40953?utm_medium=email&utm_campaign=Latest+from+The+Conversation+for+30+April+2015++2695&utm_content=Latest+from+The+Conversation+for+30+April+2015++2695+CID_be0640ea4547046fdcc0e3ea7028b967&utm_source=campaign_monitor&utm_term=Hard%20line%20
on%20refugees%20undermines%20principled%20opposition%20to%20execution
QUOTE
30 April 2015, 5.40am AEST
Hard line on refugees undermines principled opposition to execution

100

n condemning Indonesia's execution of Andrew Chan and Myuran Sukumaran, Australia has relied on the
same human rights obligations that it rejects when applied to asylum seekers.
p2
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

3
Author
(IMAGE NOT INCLUDED)
Amy Maguire

105

Lecturer in International Law at University of Newcastle

Disclosure Statement
Amy Maguire does not work for, consult to, own shares in or receive funding from any company or
organisation that would benefit from this article, and has no relevant affiliations.
(IMAGE NOT INCLUDED) Provides funding as a Member of The Conversation AU.
newcastle.edu.au

110

Jobs

Experienced Ruby and Rails Developer in Melbourne

The Conversation

115

Academic Positions (Level B E)

University of Melbourne

Associate Professor / Professor and Director

University of New South Wales

Purchasing Officer
Monash University

120

Mechanical Services Specialist

Macquarie University
More Jobs
University of Newcastle Events

Australasian Association for European History (AAEH) XXIV Biennial Conference, 'War, Violence,
Aftermaths: Europe and the Wider World' Callaghan, New South Wales

2015 Australasian Association for European History (AAEH) XXIV Biennial Conference, 'War, Violence,
Aftermaths: Europe and the Wider World Newcastle, New South Wales

125

130

More Events
(IMAGE NOT INCLUDED) Julie Bishop and Tony Abbott are firm advocates of human rights when
Australians are executed but not when asylum seekers are involved. AAP/Lukas Coch

135

Yesterday morning, Prime Minister Tony Abbott announced the unprecedented step of recalling Australias
ambassador to Indonesia. He also suspended all ministerial contact in response to the executions of
Australian citizens Andrew Chan and Myuran Sukumaran. Australia has undertaken an international
commitment to abolish the death penalty as a signatory to the Second Optional Protocol to the International
Covenant on Civil and Political Rights (ICCPR).
Yet the same legal instrument that enshrines the right to life, the ICCPR, is also the basis on which Australia
has been condemned internationally for its treatment of asylum seekers. The Abbott government has bluntly
rejected these criticisms by the United Nations and human rights bodies, including Australias own Human
Rights Commission.

140

Australia has incorporated its commitment to the ICCPR into domestic law. Capital punishment is outlawed
in all Australian jurisdictions. Australia will not extradite persons to countries where they may face capital
punishment.
Australia lobbied Indonesia for presidential clemency partly on the basis that Chan and Sukumaran had been
rehabilitated. Their reform has been credited as a success story of the Indonesian prison system.

p3
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

4
145

150

Australia also relied on other legal and humanitarian principles in advancing human rights arguments against
the executions. Foreign Minister Julie Bishop described the sentence as a grave injustice. She noted
Australias strong opposition to the death penalty at home and abroad.
Opposition Leader Bill Shorten and his deputy, shadow foreign affairs minister Tanya Plibersek, condemned
the death penalty as barbaric and argued that its practice diminishes us all. They said the executions
undermined the rule of law because the Indonesian courts were yet to hear new appeals from the Australian
pair.
Australian appeals hampered by hypocrisy
While Australia condemns capital punishment as a grave violation of human rights, it blatantly violates the
rights of asylum seekers and refugees.

155

160

(IMAGE NOT INCLUDED)The government was dismissive of human rights breaches identified by Human
Rights Commission president Gillian Triggs. AAP/Lukas Coch
The ICCPR prohibits arbitrary detention, torture, cruel, inhuman or degrading treatment. It protects the right
to recognition of personhood under law. As the UN Human Rights Commissioner has specifically noted,
these provisions are violated by Australias boats turn back policy and the mandatory detention of asylum
seekers in Australia and offshore.
The flouting of human rights standards in relation to child asylum seekers is particularly reprehensible.
Australia violates its particular obligations to children under the Convention on the Rights of the Child. The
government was particularly aggressive in rejecting recent findings on these matters.

165

The government has also dismissed international condemnation. In response to the March 2015 UN finding
that Australias treatment of asylum seekers amounted to torture, Abbott said:
I really think Australians are sick of being lectured to by the United Nations.
The politics of managing opinion and principle

170

175

Australias contrasting approaches to capital punishment and the treatment of asylum seekers raise questions
about our commitment to human rights and the international body of law that exists to protect these. Does the
Australian voting public demand the strongest advocacy to pardon our citizens facing capital punishment
abroad? Do these voters simultaneously support the denial of human rights to asylum seekers?
Some polling suggests many Australians are unsympathetic to the plight of Chan, Sukumaran and others who
might face a similar fate. A 2009 poll found a clear majority preferred imprisonment to capital punishment as
a penalty in Australian murder trials. However, 53% of those polled said death sentences against drug
offenders in Southeast Asia should be carried out. A 2015 poll showed 52% supported the death penalty in
those circumstances.
A contrasting poll found that 62% of Australian adults opposed the executions of Chan and Sukumaran. So it
is clear that gauging public opinion on capital punishment is complex.

180

185

It is also clear that the governments advocacy for Chan and Sukumaran rejected the strain of public opinion
that would leave the men to their just deserts. Indeed, Bishop questioned the accuracy of the poll finding
that a majority thought the executions should proceed.
In taking a principled stand in this case, Australia has sought to care for its own citizens. This is starkly at
odds with the weight of political activity and public opinion on asylum seekers who attempt to reach
Australia by boat. These people are decried as queue jumpers and illegal maritime arrivals despite the
right to seek asylum being enshrined in international law.
How do we gain legitimacy for human rights advocacy?
The international human rights framework rests on principles of the universality and indivisibility of these
rights. If we deny the rights of some human beings, we lose authority when arguing for the rights of others.

190

Australia has campaigned for the rights of convicted offenders (rehabilitated though they were), while
denying the rights of asylum seekers. Under international law, it is a right and not a crime to flee from
persecution and seek asylum elsewhere. Both Indonesia and Australia have ignored pleas for compassion.

p4
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

5
Australia should seek a position of utmost legitimacy, to make it impossible for other states to accuse us of
hypocrisy and ignore our appeals. Australia must aim to be a consistent global leader in human rights. To
achieve this, we must address the violations of human rights committed in our own name.

195

With the executions of its citizens, Australia has been wronged. We can respond with diplomatic complaints
or calls for the withdrawal of aid to Indonesia. Or we can seize this tragic moment as an opportunity to
demand the end of capital punishment worldwide.
To do so effectively, we must assert the primacy of human life by valuing all lives and upholding the rights
accorded equally to all people.

200
78 Comments sorted by
Oldest Newest
Comments on this article are now closed.
1.

Recommend

205
Gerrit Hendrik Schorel-Hlavka O.W.B.
Constitutionalist

210

215

220

225

230

235

240

Amy is a Lecturer in International Law but seems to ignore the basics of law that is the constitutional law of
the Republic of Indonesia and by this the rights of the people of the Republic of Indonesia to have their laws
including their constitution properly applied.
This, as much as the Commonwealth of Australia is entitled to apply and enforce its own laws enacted within
the Commonwealth of Australia Constitution Act 1900 (UK).
.
Then consider also what the Framers of the Constitution embedded as a legal principle in our constitution:
.
Hansard 17-4-1897 Constitution Convention Debates
QUOTE Mr. SYMON:
There can be no doubt as to the position taken up by Mr. Carruthers, and that many of the rules of the
common law and rules of international comity in other countries cannot be justly applied here.
END QUOTE
.
One of my daughters a lawyer in International Law gave me the understanding that during law studies they
do not teach such issues at all.
Ss512(xxvi) was inserted in the constitution to deliberately enact legislation against foreign inferior coloured
races and while the Framers of the constitution held that Aboriginals for federal purposes should not be
included in this as they were equal as any other Australian, the UN (United nations) and the Aboriginals
themselves campaigned successfully to have Aboriginals included in ss51(xxvi) as a foreign inferior
coloured race. Yet, after that successful referendum are still complaining.
Would it not be great if we were to have lecturers who actually understood the true meaning and applications
of constitutional rather than to so to say make fools of themselves?
For the above the Commonwealth of Australia was deliberately provided with legislative powers to act
against foreigners. Katherine Dawson as a lawyer paid the highest price being killed in the Lindt Caf siege
and yet lawyers are still ignoring this and want somehow irresponsible entry to be facilitated by those who
often fail to understand/comprehend basic English and the Australian Way of Life. In my books in the
INSPECTOR-RIKATI series on certain constitutional and other legal issues I canvassed extensively these
and other relevant issues and so will not seek to do so now to a great extent, albeit my blog at
www.scribd.com/inspectorrikati has over 700 articles published on it dealing with numerous issues.
When it comes to the Indonesian Constitution if this was appropriately applied and enforced then I view the
executions would not have gone ahead. Nothing to do with Human rights or International Laws!

p5
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

6
245

Did Indonesian President Widodo blatantly disregard the requirements of the Indonesian constitution
regarding clemency requests?
The document can be downloaded from:
https://www.scribd.com/doc/257630691/20150304-G-H-Schorel-Hlavka-O-W-B-toIndonesian-President-Iriana-Joko-Widodo

250
In my view President Iriana Joko Widodo should stand trial for mass murder and violation of the
constitution

255

The document can be downloaded from:

https://www.scribd.com/doc/263487110/20150429-Excutions-Versus-Rule-of-Law
And these are merely 2 of some of the articles/correspondences I wrote.

260

You see (now retired) as a Professional Advocate and CONSTITUTIONALIST I represented solicitors and
barristers and showed that emotional arguments is often not going to get you anywhere as you needed to go
to the principal law the constitution of the relevant country.
The People of Indonesia desired to have Article 14 in their constitution:

265

270

275

As I stated:
QUOTE
As I understand it each had applied for clemency,
but the clemency request were denied. Ordinary, a final court ruling
regarding any sentence including a death sentence is final, but the
Indonesian constitution Article 14 allows for a clemency request to the
president. Therefore, the final court orders are not the finality of it
because the moment a person sentenced to death make a clemency request then
this must be deemed to stay any execution until the clemency request has been
appropriately considered and dealt with. Basically as like an appeal where a
persons sentence is stayed likewise the same should be deemed to apply
where a clemency request is made. If a person sentenced to death doesnt
make a clemency request then the final order for execution remains in force.
END QUOTE

280
As the clemency request had been unilaterally dismissed already during the presidential election then they
were never properly disposed of. It was a pre-determine decision without proper consideration of the relevant
details of each clemency request, by this in validating any subsequent denial of any clemency requests.

285

290

295

300

Therefore your rot to compare the issue of death penalty versus alleged or otherwise refugees is not what I
consider a proper legal consideration but one by an emotional person, who has no proper understanding about
the legal aspect s relating to the matters you refer to.
It seem to me that if you were to present this kind of argument in a court they would so to say throw it out of
the window.
No doubt International Law and Human Rights law can be applied but only complimentary to the relevant
constitutional provisions and relevant legislation enacted within it.
Emotional arguments about refugees being locked up in detention centres hardly can succeed above the rights
of any nation to protect it against any kind of invasion, regardless if it is an armed or unarmed invasion. The
recent death toll from the continent of Africa to Italy, etc, of reportedly more than 800 people within days
ought to indicate that this kind of human tragedy should be avoided. And even during the time John Howard
was in charge I wrote how to address the issue concerning refugees, but to no avail. Julia Gillard in her East
Timor refugee solution attempt sought to use some of it but incorrectly. Hence her failure.
Without going in great detail as my blog has the relevant information, you and all those people so to say
screaming blue murder about the denial of refugees rights would do better to first educate yourself as to what
is constitutionally appropriate and permissible and then consider how to resolve the issue. This so to say halfbaked argument about refugees stuck in a detention centre isnt going to resolve the overall issues. Where a
lawyer claiming to represent more than 100 children in detention is willing to hold the child as a bargain chip
in detention to try to force the government to also allow her father to get out of the detention centre to me is a
p6
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

7
305

310

315

320

325

330

335

340

345

350

355

disgrace to her profession as well as is acting against the interest and wellbeing of the child, and not that it is
the government doing so.
Neither can it be argued that the Commonwealth unlawfully keeps refugees or purported refugees in
detention centres because they are free to leave to another country.
.
Hansard 3-3-1898 Constitution Convention Debates
QUOTE
Sir JOHN FORREST.-What is a citizen? A British subject?
Mr. WISE.-I presume so.
Sir JOHN FORREST.-They could not take away the rights of British subjects.
Mr. WISE.-I do not think so. I beg to move- That the words "each state" be omitted, with the view of
inserting the words "the Commonwealth."
I apprehend the Commonwealth must have complete power to grant or refuse citizenship to any citizen
within its borders. I think my answer to Sir John Forrest was given a little too hastily when I said that every
citizen of the British Empire must be a citizen of the Commonwealth. The Commonwealth will have power
to determine who is a citizen. I do not think Dr. Quick's amendment is necessary. If we do not put in a
definition of citizenship every state will have inherent power to decide who is a citizen. That was the
decision of the Privy Council in Ah Toy's case.
Sir JOHN FORREST.-He was an alien.
Mr. WISE.-The Privy Council decided that the Executive of any colony had an inherent right to
determine who should have the rights of citizenship within its borders.
Mr. KINGSTON.-That it had the right of keeping him out.
END QUOTE
It appears to me that you as a Lecturer in International law may do better to get some education in
International Law rather than to perhaps teach students the in correct application of International Law!
.
It is nonsense to claim that people who travelled to Indonesia (as an refugee) on a passport to gain entry into
Indonesia, then are refugees without identity papers when they leave Indonesia to escape prosecution. We
do better to the so to say proverbial widow and her 5 children stuck for years in a refugee camp to be
considered first to settle in Australia. At least the children will have learned very likely that is the English
language and Australians Way of Life.
We should concentrate upon those who are the longest in a refugee camp that they are the first to be given an
opportunity to settle in Australia and not those who can use monies to so to say jump the queue of those
already waiting for years in a refugee camp. By this, you stop or reduce the death toll of people drowning at
sea considerably. As such, if you really want to make an emotional argument then do it in a proper manner
and not as I view it misconstruing what the law, the application of law is about. International Law never can
override the constitutional laws of a sovereign country where it is dealing with its own internal affairs. We
may not appreciate some constitutions in force in certain countries but we have no standing to force upon
other nations our terms and conditions. That is why when I wrote about the Indonesian law enforcement I did
so on the basis of the true meaning and application of the Indonesian Constitution!
Perhaps this post, albeit I doubt it, may teach you that you better deal first with the relevant constitutional
issues before so to say open your mouth about something you appear to me have no
understanding/comprehension about what is applicable.
The mere fact that after my 4-3-2015 correspondence to President Iriana Joko Widodo (of which copies were
provided to the condemned embassies/lawyers) various appeals eventuated upon what I had set out may
underline that until then all the lawyers involved had overlooked the constitutional issue I raised. Regretfully,
President Iriana Joko Widodo seemed to be more concerned about his political standing then about ensuring
the Majalis were to consider why he made certain decisions and if they were pre-emptied, etc. But at least at
the last minute the woman was granted clemency.
I recommend you read the material I published and you may just discover that you confuse the real
application of International Law and Human rights with what it stands for versus what you perceive it to be.
END QUOTE

360

365

http://www.thejakartapost.com/news/2012/11/19/death-row-debacles-overshadow-transparency.html
QUOTE
Death row debacles overshadow transparency Nani Afrida, The Jakarta Post, Jakarta | Headlines |
Mon, November 19 2012, 10:04 AM .box-profile {font-size:12px;font-face:verdana;backgroundcolor:#000;color:#fff;padding:1px 5px;float:left;margin:2px;} .box-profile:hover {backgroundp7
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

370

375

380

385

390

color:#ff0000;} Headlines News Children join weekend class to get closer to nature Executions
likely postponed as officials leave Tontowi, Liliyana a step away to fourth All England title Last
month, President Susilo Bambang Yudhoyono confirmed that two drug convicts, previously on
death row, had been granted clemency which led to an uproar, as he had said in 2006 that drug
convicts did not deserve clemency. His officials have failed to present any convincing justification
for the sentence reductions given to the convicts.In the latest case, Constitutional Court Chief
Justice Mahfud MD questioned the Presidents decision to commute the death sentence of Meirika
Ola Franola to life imprisonment. Mahfud noted that the National Narcotics Agency (BNN) said
that Ola was a repeat offender who continued to deal drugs from behind bars. Twenty-three
convicts currently on death row are seeking clemency from the President. It is their final chance,
after the Supreme Court rejects their appeals.Although the President, under the law, has an
absolute prerogative to grant clemency, transparency in the process has clearly been lacking and
many analysts on both sides of the issue are disappointed and dismayed. Since the start of his
term in 2004, Yudhoyono has granted clemency to 19 convicts from a total of 126 petitions.
However, details of the 19 convicts who have been recipients of presidential mercy remain sketchy,
and no officials are willing to disclose their identities or give much information about their situations.
There are at least 12 steps a convict must undertake when seeking presidential dispensation, but
the public has been mostly kept in the dark over the process and the profiles of the convicts who
are finally given the reprieve. The unraveling of the Ola case came from other state institutions,
which revealed the Presidents decision. Before the remission was granted in September 2011, the
Supreme Court had even warned the President not to pursue the proposal because Ola was
proven in a court of law to have been a drug dealer as opposed to claims that portrayed her as a
mere courier. - See more at: http://www.thejakartapost.com/news/2012/11/19/death-row-debaclesovershadow-transparency.html#sthash.ueKaVoro.dpuf
END QUOTE
http://www.thejakartapost.com/news/2012/11/19/death-row-debacles-overshadow-transparency.html

My post in response:
QUOTE

395

INSPECTORRIKATI
While I am personally opposed to the killing of any human being as too often after a person was
executed in what was deemed to be a solid case it turned out the person after all was innocent.
what the article indicated already way back in 2012 was that there appears to b e no transparency
in the decision making process. This is precisely what I view President Widodo has failed to show.

400

Indeed, I view his conduct amounts to placing himself above the Indonesian constitution. This the
people of Indonesia cannot tolerate.
How it appears my writings has caused a reconsideration of the clemency requests previously
refused.
The document can be downloaded from:

405

https://www.scribd.com/doc/258003564/20150308-G-H-Schorel-Hlavka-O-W-B-to-Mr-TONYABBOTT-PM-Re-Clemency-Death-Penalty-etc
The application of clemency must be transparent and the President must act as to the legal
principles embedded in the Indonesian constitution and explain to the people why he did or didn't
grand clemency and what decision making process he applied, including considering all relevant

410

details.
p8
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati

9
The People of Indonesian as well as foreigners subject to Indonesian law are entitled to know why
a President acts in a certain manner as to avoid dictatorship.
QUOTE 20150304-G. H. Schorel-Hlavka O.W.B. to Indonesian President Iriana Joko Widodo
AND TO WHOM IT MAY CONCERN

415

URGENT REQUEST for the Majalis to question the President as to why his failure to act in
accordance with the Indonesian constitution, in particular with Article 14 his denial of proper
consideration of any clemency request should not be regarded as a grave failure and why the
President should not stand aside, and in the meantime the executions of any prisoner in regard of
which a clemency request was denied are to be stayed pending a proper review of the clemency

420

request.
END QUOTE 20150304-G. H. Schorel-Hlavka O.W.B. to Indonesian President Iriana Joko Widodo
END QUOTE

425

For the record, I am one person who pursued matters without being in a paid job to do so! What
is the use to pay lawyers and have politicians on the public payroll where they fail to pursue
relevant constitutional issues?
.

I look forwards to your detailed positive response.

430

This document is not intended and neither must be perceived to refer to all details/issues.

MAY JUSTICE ALWAYS PREVAIL

Our name is our motto!)

(
Awaiting your response,

G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

p9
30-4-2015
Mr G. H. Schorel-Hlavka O.W.B.
INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
A 1st edition limited special numbered book on Data DVD ISBN 978-0-9803712-6-0
PLEASE NOTE: You may order books in the INSPECTOR-RIKATI series by E-mail INSPECTORRIKATI@schorel-hlavka.com See also www.schorel-hlavka.com at blog Http://www.scribd.com/InspectorRikati