On Monday 2 February 2015 the Indonesian Attorney-General Muhammad Prasetyo announced that the two convicted Bali Nine drug traffickers on death row, Andrew Chan and Myuran Sukumaran, will be in the next group of prisoners to be executed. The Bali Nine were apprehended in 2005 as they attempted to smuggle eight kilograms of heroin to Australia.

Lawyers for Sukumaran and Chan were shocked at this announcement as they had just lodged a second judicial review into their case the Friday before. The late January appeal application has since been dismissed by the court and lawyers for the pair have now lodged another appeal in the same court which will be heard on 12 March.

The announcement by the Attorney-General raises some questions about the rule of law.

According the World Justice Project, rule of law is a system where four universal principles are upheld. These are:

• That everyone, including members of government, officials, agents and individuals are accountable under the law;
• The laws are clear and just, protect fundamental rights and are applied evenly;
• The laws are fairly and efficiently enacted and enforced;
• And that justice is delivered by independent and neutral representatives.

At this point in time several of the 10 drug felons facing execution in the next group still have ongoing legal cases before the courts in Indonesia. In recent days a spokesperson for the Attorney-general, Tony Spontana, has stated that the executions would be on hold until all legal avenues were explored. "We also pay attention and give respect to the legal process that is currently occurring," he said.

The appeals process in Indonesia is complicated due to a conflict between the Supreme and Constitutional Courts which have almost equivalent powers. The Supreme Court has ruled that only one judicial review is allowed in any case, while the Constitutional Court has recently ruled that more than one appeal is allowed and that once a prisoner has been on death row for more than 10 years their sentence should be reduced to life in prison.

One of the lawyers for the pair, Julian McMahon, said the announcement from Indonesia's Attorney-General that the pair would be in the next group to be executed was "disturbing" considering the appeals process was still underway.

Mr McMahon stated on Radio 4BC that "I do have faith in the legal process; I'm a lawyer and the rule of law means that if you're in court you've rights and they should be decided impartially and fairly."

Another of the lawyers for the pair, Todung Mulya Lubis, said he did not know how the appeal would work but that the executions could not go ahead while the legal process was still underway. This comment underlines how uncertain the legal process is, even for Indonesian law experts.

The Attorney-General Muhammad Prasetyo has stated that he would not interfere in the court process. In the meantime they have been transfered to Nusakambagan Island’s prison complex under heavy armed guard. There are also media reports every few days about the preparations for the executions of Sukumaran and Chan including discussions about police sharp shooters and interviews with the local undertaker on the small prison island.

The transfers, constant media reports about execution planning and the Attorney-General’s remarks may indicate that he is confident that the appeals process will not succeed. But the recent remarks from Tony Spontana that the executions are on hold until the legal process is exhausted are a good sign. The men are still alive because the Indonesian Government does have respect for the rule of law.

The Australian Government has consistently urged the Indonesian President to grant clemency to the pair. Of course, if the case was heard under Australian law there would be no execution, and a full judicial trial and clear appeal process would be available. Australian attitudes to rule of law give us a clear legal process and the separation of powers and means that court process is uninfluenced by the Government.

Image attributed to the The Conversation