Indonesia has never executed a Caucasian and other members of Asian extraction in the BALI 9 on Death Row should now be very worried.

 

Myuran Sukumaran is one step closer to the firing squad after appearing to have lost his bid for clemency from the Indonesian president.

The news prompted an emotional outpouring from the Australian Bali Nine member saying of himself and fellow Australian Andrew Chan, "We've changed. We don't deserve to be executed. Our families shouldn't have to suffer like this."

A letter rejecting the clemency bid was hand-delivered to Bali's Kerobokan prison by an Indonesian government official on Wednesday and the Australian consulate was notified at about 4pm local time (7pm AEDT).

The letter, dated December 30, 2014, was printed on the letterhead of "Presiden Republik Indonesia" and has Joko Widodo's name printed underneath.

The text says there is "not enough reason" for the clemency bid to be granted, and makes clear that, "The decision is in effect on the day it is decided".

Chan has not received a letter.

Sukumaran told Fairfax Media through an intermediary that he was shocked.

"My mum's on the floor, tears, crying and can't talk. My sister is in tears and can't talk. My brother's so shocked he didn't even know what to say. I've been walking around feeling like someone's punched me in the stomach.

"Is there no such thing as rehabilitation??? Can't someone change????

"All the big drug dealers are free and clear to do what they want cause they pay people off big time! That is the only thing me and Andrew can't do, is to pay big money. We were attempting to take drugs out of Indonesia not importing [them]. We failed. We f----d up. We were wrong, we know that. We're paying for that. Our families are paying for our mistake."

Sukumaran and Chan based clemency bids lodged over two years ago based on the strong efforts they have made at rehabilitation since they were locked in Kerobokan prison in 2005.

Sukumaran learns and teaches art to fellow inmates, runs a computer lab and a t-shirt printing room, offering the products for sale outside, with revenue flowing back to the prison. Chan has become deeply involved in the affairs of the prison church.

Each has apologised for being involved in a conspiracy to import 8.2kg of heroin from Bali to Australia in 2005. They were sentenced to death by firing squad in 2006.

"We've changed," Sukumaran wrote. "We've done so much in the last six to seven years … We rehabilitated ourselves with the help of the guards here … we were doing good things.

"What use will executing us be? … We don't deserve to be executed. Our families shouldn't have to suffer like this."

Melbourne-based barrister Julian McMahon, part of Chan's and Sukumaran's legal team, said he had heard the news from the media.

"It's appalling that matters of life and death are made known only through the media. It suggests politics is intruding into the rule of law, precisely what should not happen in death penalty cases".

It's unclear how the apparent clemency rejection will fit with the team of lawyers' plans to lodge an application for judicial review of the two cases. This is an appeal that can be lodged when there is new evidence, but lawyers are not sure if it can be done after clemency is rejected.

In 2013 the Indonesian Constitutional Court ruled that anyone had the right to submit a review at any time. But three wings of the Indonesian judicial system are now in the midst of a public spat over this question, as the government pushes to put large numbers of convicts in front of the firing squad.

On New Year's Eve, the Supreme Court issued a letter instructing the lower courts to limit claimants to only one application. The country's Attorney-General — a pro-death penalty hardliner H.M. Prasetyo — welcomed the Supreme Court letter, saying it was "a good move to provide legal certainty so we can carry out an execution".

Mr McMahon said on Wednesday night that, "The endless public positioning  and even open conflict by key institutions in the last few weeks are exactly why such cases should not end in firing squads.

"Myuran has become a world news story in recent years because he has reformed himself and prisoners within the prison – his reward is to have all that work ignored. Yet the Constitutional Court said in 2007 that rehabilitated prisoners can be re-sentenced."

Indonesian president Joko Widodo has recently made it clear he wants all 64 drug smugglers on death row executed to battle the "scourge" of drugs in the country.

Mr Joko was determined to execute six convicts before the new year, and 20 more in the medium term. The new-year executions were delayed when some prisoners lodged judicial reviews. Sukumaran's and Chan's names are not on the list of six, but it's unclear if they are among the 20.

The legal system in Indonesia is so thoroughly corrupted that observers have no confidence that the people on death row have had a fair trial, or are guilty of their offences.

"I was astonished to hear that all 64 drug offenders on death row were to be treated the same, as if it's a rubber stamp process," Mr McMahon said.

"We will take whatever steps the law allows us, and we will fight for justice in this case."