Bali nine execution: 'Law 2/1964' dictates final hours of Myuran Sukumaran and Andrew Chan

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Bali nine execution: 'Law 2/1964' dictates final hours of Myuran Sukumaran and Andrew Chan

By Marcus Strom
Updated

The final days and moments of the lives of Myuran Sukumaran and Andrew Chan are clearly laid out under Indonesian law.

Law 2/1964, passed during the era of Indonesia's first president, Sukarno, stipulates the manner of execution.

Indonesian police commandos escort Myuran Sukumaran as he arrives in Cilacap in central Java island on March 4 on his way to a maximum security prison ion Nusakambangan island.

Indonesian police commandos escort Myuran Sukumaran as he arrives in Cilacap in central Java island on March 4 on his way to a maximum security prison ion Nusakambangan island. Credit: AFP

The convicted Australian drug smugglers have been told of the day of their execution, 72 hours beforehand, as the law requires.

According to lawyers representing the men, their families will arrive to bid their final farewells on Tuesday morning. They will be given until lunchtime on that final day when they will be separated from their children, brothers and kin forever.

Coffins arrive at Cilacap prison.

Coffins arrive at Cilacap prison. Credit: Aris Andrianto

The fatal shots will be fired at each prisoner by a squad of 12, with only three men firing live rounds. After the squad's commander drops his sword, the men will fire at the hearts of the convicted.

According to a translation done by The Jakarta Post, the execution procedure will be carried out according to Law No. 2/1964 as follows:

  1. Death-row convicts are to be moved to a prison or an isolation cell of a prosecutor's choosing where he or she will be informed of their execution three days beforehand. At this time, the prosecutor should accept any messages or thoughts the convict would like to convey.
  2. The execution must not be made public and should be done as simply as possible unless the president orders otherwise. The convict's lawyer can attend the execution on request.
  3. The provincial police will form a firing squad made up of 12 enlisted officers (Tamtama) and one non-commissioned officer (Bintara) who will be led by a high-ranking officer. The prosecutor will have full authority over the firing squad until the execution is complete.
  4. The convict, dressed simply, will be escorted by the police to the designated location of the execution. The convict may also request religious counsel to accompany him or her.
  5. Once at the destination, an officer will blindfold the convict unless he or she requests otherwise. The convict may choose to stand, sit or kneel. The convict may also have their hands and feet tied if the prosecutor deems it necessary.
  6. Once the convict is deemed ready, the firing squad will be called upon with their firearms where they will position themselves no less than five metres and no more than 10 metres from the convict.
  7. The prosecutor will then order the execution to start, to which the firing squad's commander will lift up his sword to signal the squad to focus their firearms on the convict's heart and then put down the sword to order the shooting to start.
  8. If the convict still shows signs of life, the police commander will order the non-commissioned officer to take the final shot at the convict's head, near the ear. A doctor will then confirm whether the convict has died.
  9. The convict's family or close friends are responsible for the convict's burial unless the prosecutor says otherwise. If the convict cannot be buried by their family or friends then the government will organise a burial based on the convict's religious beliefs.
  10. The prosecutor must write up and sign a report on the execution that will be inserted in the official court ruling letter.
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It seems straightforward, but things don't always go according to plan. In 2003, the then Herald Jakarta correspondent, Matthew Moore, was covering the trial of Bali bomber Amrozi, who was executed in 2008.

Moore spoke to a man who assisted in an execution in 1995, and reported: "Death is not always quick. A man who helped with an execution in 1995 said the victim kept gasping for breath for nearly five minutes. The man, who asked not to be named, could not sleep for a week and was reluctant to recall the details eight years later. 'It was like being part of a murder. Everyone was quiet and everyone could hear him wheezing, fighting for breath. You know, the heart was broken but the body kept breathing.'

Michael Chan (right) and Chinthu Sukumaran (left), brothers of the two Australians facing execution, give a press conference at Wijaya Pura, Cilacap, on Sunday.

Michael Chan (right) and Chinthu Sukumaran (left), brothers of the two Australians facing execution, give a press conference at Wijaya Pura, Cilacap, on Sunday.Credit: James Brickwood

"It was very dark, so a soldier had shone a torch at the red circle over his heart.

" 'The commander then said, "The execution team is only carrying out the state's duty." He raised his sword and said, "If you're ready, please nod your head." He did, and he lowered his sword and they fired.'

"After five minutes, the doctor checked his pulse and announced that the execution had succeeded.

"There was no need to fire a second shot through the temple from point-blank range as the regulations provide for.

"This avoided damaging the head, something that shooting at the heart is designed to avoid for the benefit of relatives who will bury the body."

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