Lindsay Sandiford, a British grandmother aged 67, has been on death row in Indonesia since 2013 after being convicted of drug smuggling. She was arrested for attempting to smuggle £1.6 million worth of cocaine into Bali.
Despite her claims of being manipulated and used as a mule to protect her sons, her appeal to have her sentence reduced was rejected, as is common for drug offenses.
Lindsay Sandiford faces the possibility of being executed by a firing squad on Indonesia’s notorious ‘execution island’, Nusa Kambangan, if her death sentence is not overturned. Sentenced to death in 2013, Sandiford was convicted of attempting to smuggle £1.6 million worth of cocaine into Indonesia. Known as the Queen of Kerobokan Prison, where she has been incarcerated for over a decade, Sandiford has led a relatively comfortable life behind bars, engaging in activities such as knitting circles with fellow inmates. However, the conditions at Nusa Kambangan, also known as ‘Indonesian Alcatraz’, are significantly harsher, with the island hosting some of Indonesia’s most dangerous criminals. Sandiford fears public humiliation before her execution and expects to be paraded in front of the press before being executed by gunmen.
Human rights lawyer Dr. Felicity Gerry KC has called for Sandiford’s return to Britain, arguing that the death penalty, especially for women involved in the drug trade, should be abolished. The British Government has been criticized for refusing to fund Sandiford’s appeal, despite a ruling from Supreme Court judges in London that ‘substantial mitigating factors’ had been overlooked in her original trial. Sandiford has no previous convictions and claimed she was coerced into smuggling cocaine by a UK-based drugs syndicate threatening her family in Britain. Despite cooperating with police in a sting operation to arrest higher-ranking members of the syndicate, she received a death sentence, sparking outcry from human rights lawyers and former UK Director of Public Prosecutions Ken Macdonald.
Lindsay Sandiford case has drawn international attention, with her plight highlighting the controversial use of the death penalty in Indonesia and the challenges faced by British citizens facing criminal proceedings overseas. Despite the severity of her sentence and the controversy surrounding it, Sandiford has shown a resigned attitude towards her potential execution, expressing discomfort with the public humiliation rather than the act of execution itself. There is a glimmer of hope for Sandiford, as a law change in Indonesia could potentially convert her sentence into a whole life term due to her good behavior in prison. This development could lead to arguments for her return to the UK, where she might be eligible for release due to the time already served.
Lindsay Sandiford case is a stark reminder of the complexities and challenges involved in international criminal justice, particularly for British citizens facing charges in foreign jurisdictions. The severity of her sentence, the controversy surrounding it, and the international attention it has garnered underscore the need for reforms in the application of the death penalty and the support provided to British citizens facing criminal proceedings abroad.
What is the process for appealing a death sentence in Indonesia?
To appeal a death sentence in Indonesia, the process involves several stages within the country’s legal system. Here is an overview of the steps for appealing a death sentence in Indonesia based on the provided sources.
High Court Appeal: The first step is to appeal the death sentence at the High Court. The High Court will review the case dossier and any appeal memorandums submitted. There is no specific time limit for the High Court to render a decision, but it typically does so before the detention period ends if the defendant is still in custody.
Supreme Court Appeal: If the appeal at the High Court is unsuccessful, the next recourse is to submit another appeal to the Supreme Court. The application for this appeal must be made within 14 days from the date the party filing the appeal receives a memorandum of cassation from the High Court. The Supreme Court only examines and issues a decision on the application of the law (judex juris).
Finality of Supreme Court Decision: A decision by the Supreme Court is final and binding, meaning that the verdict can be immediately executed. However, there is an extraordinary legal remedy available, which is a judicial review to a different panel of judges of the Supreme Court. Grounds for filing a judicial review include new evidence, contradictory legal considerations in the court’s judgment, or evident mistakes by the judges handling the case.
Possibility of Sentence Increase: At each stage of the appeals process, there is a chance that the court may increase the sentence. Therefore, consulting with legal counsel at every stage is crucial to understand the available legal remedies and implications of the appeals process.
In summary, appealing a death sentence in Indonesia involves a structured legal process that includes appeals to the High Court, Supreme Court, and the possibility of a judicial review. The final decision by the Supreme Court is binding, but there are limited grounds for an extraordinary legal remedy through a judicial review.
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