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Internal investigation found Pakistani facing execution in Indonesia is innocent
Sydney Morning Herald - July 27, 2016
The former director-general of human rights in the Ministry of Law, Hafid Abbas, said an investigation he had conducted more than a decade ago was never acted upon by former president Susilo Bambang Yudhoyono.
"The report found Zulfiqar Ali was a victim of conspiracy and was innocent," Dr Hafid told Fairfax Media.
Fourteen death row prisoners from Nigeria, Zimbabwe, Pakistan, India and Indonesia were on Tuesday told they had 72 hours to live.
The brother of Australian Andrew Chan, who was executed in April last year, has told Fairfax Media he has had sleepless nights ahead of the latest round of executions, expected around midnight on Friday. "I really hoped that this day would not come around again," Michael Chan said.
"I think that... what is about to happen again is pretty distressing for all families involved and I totally understand what they are going through. I just hope there is some intervention from the president to see that the legal system is flawed and he has the power to fix it and be the leader he should be."
The mother of Myuran Sukumaran has written to Indonesian President Joko Widodo, begging for mercy for those facing the next round of executions. "Please don't let those families go through what we have gone through," Raji Sukumaran writes in the letter, her second to the Indonesian president.
"I can't help but think of the last days I had with my son as we struggled to say goodbye... we were all so scared and so sad, we never got to say all we wanted to say. You are the only person who has the power to stop another execution.
"I hope you understand the desperation, anxiety, hurt and the burden you will inflict on to the families of the people you send to their death." Mrs Sukumaran sent the letter written in Indonesian to the Indonesian embassy on Wednesday.
Pakistani textile worker Zulfiqar Ali was sentenced to death in 2005 for possessing 300 grams of heroin. However his case was among those Dr Hafid was tasked with investigating after a World Bank report raised concerns about the rule of law in Indonesia.
Dr Hafid said that after a comprehensive internal investigation, which included visiting Pakistan, he told the former president he believed Mr Ali was innocent and his case should be reviewed.
However the report was never acted on and Dr Hafid said he was worried that Mr Ali was now facing execution: "The death penalty is the point of no return when you kill an innocent person".
Dr Hafid said he was available at any time to brief Mr Joko on the report, in the hope that Mr Ali's execution might be postponed.
Human rights monitor Imparsial is also pleading with Mr Joko to remove Mr Ali from the execution list. They said he had been tortured by investigators after he refused to pay a bribe and was sentenced to death even though he had never been caught with drugs in his possession.
Mr Ali was arrested on the testimony of Indonesian national Gurdip Singh, who was arrested with heroin at Jakarta's Soekarno-Hatta airport in 2004. However Gurdip, who is also facing execution on Friday, later retracted his statement, saying it had been forced by police and Mr Ali was innocent.
Foreign Minister Julie Bishop said that while there were no Australians in the current round of executions, she had reiterated Australia's stance to Indonesian Foreign Minister Retno Marsudi at the ASEAN meeting in Laos on Monday. "Australia has consistently stated its opposition to capital punishment," Ms Bishop said.
Attorney General Muhammad Prasetyo confirmed 14 people would be executed, including drug kingpin Freddy Budiman and former migrant worker Merri Utami.
"Everybody has been isolated," Mr Prasetyo was quoted saying by detik.com. "Hopefully there will be no obstacles. When everything is already at the final stage we will not procrastinate."
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