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Showing posts with label Abolition. Show all posts
Showing posts with label Abolition. Show all posts
Indonesia: Stop executions!
Indonesia: Stop executions!
Coordinating Political, Legal, and Security Affairs Minister Wiranto has stressed that the government would not consider abolishing the death penalty, and therefore there was no need to evaluate prevailing laws.

"This is our law. Despite some pressures on us, we have our national legal jurisdiction," Wiranto said on Tuesday.

The death penalty is a harsh punishment, he said, but it is needed to protect many people from the dangers of narcotics and related crimes.

Wiranto's statement ran directly against that of Cabinet Secretary Pramono Anung, who said that the government and House of Representatives planned to evaluate the death penalty.

Human rights groups and the international community have long urged the government to abolish or adopt a moratorium on the death penalty, saying that it is a cruel and inhumane punishment, which has also failed to create a deterrent effect.

Indonesia executed 4 drug convicts in the early hours of last Friday, with further legal processes sparing the lives of 10 other death-row convicts who were slated to be killed.

Source: The Jakarta Post, August 3, 2016

Nusakambangan: What it was like waiting for death


Merri Utami
Merri Utami
Merry Utami, 1 of the drug convicts spared from execution, narrates her experience to her lawyer and a human rights activist

She had already accepted her fate.

On Thursday, July 28, Merry Utami, an Indonesian on death row, sat in her isolation cell, ready to die. Later than evening, at 12:45am on Friday, 4 convicts were executed via firing squad.

She was transferred to Nusakambangan execution island from Tangerang prison on Saturday, July 23 - the same day she was told her final appeal had been rejected. The move to the island meant looming death.

Merry, 42, had lived in Tangerang since she was imprisoned in 2004, after she was arrested in Soekarno-Hatta international airport in Jakarta the year prior, for having 1.1kg in her bag.

No female convicts are detained in Nusakambangan. In the past, transfers of female convicts to the island meant they were going to be executed in the coming days.

Then, her priest visited her on the island, to prepare her spiritually and emotionally for death. It was agreed that it would be her priest who would identify her body post-execution.

And finally, visits from her family. Merry's daughter, accompanied by her 2 young children - a 3-year-old and a 3-month-old - came to visit Merry on the island, off the coast of Cilacap.

Merry knew she was next to be executed, but the government had been mum about details. Because embassies of foreign convicts are usually informed 72 hours before the death penalty is carried out, and because some embassies found out about their nationals on death row on Tuesday, many believed the executions would take place Saturday midnight.

But by Thursday, the unusual amount of activity on Cilacap port, the closest entry point to Nusakambangan island, carried an air of foreboding.

Coffins were seen being transported into the island. The ambulances that carry the corpses after execution drove through. Spiritual advisers came and went.

And the most telling, the firing squad arrived.

On the list to be [executed] were 14 alleged drug convicts - 10 foreigners and 4 Indonesians. Of the 10, 1 each from Pakistan, India, Senegal and Zimbabwe, and 6 from Nigeria. Merry was the only woman.

Desperate to live

Merry so desperately wanted to live that on Saturday, when she was moved to the execution island, she made a sudden decision to change her lawyer.

According to Yuni Asriyanti of women's rights group Komnas Perempuan, her former lawyer was a wealthy, pro-bono lawyer whom Merry was shy to approach, feeling she owed him something. In a last minute attempt to save her life, Merry decided to seek the legal help of the Legal Aid Institute, which has represented past death row convicts.

The organization soon publicized Merry's case and shared her story - a domestic worker and an unknowing drug mule, who they said was duped into trafficking drugs by a Canadian man who had gifted her with the handbag where the heroin was found.

Yuni said that Merry, who is usually "cheerful, happy and relaxed" was "down and confused" on Monday, when it had sunken in that she was going to die.

But Merry still held on to hope she would be spared.

In a letter dated Tuesday, July 26, and addressed to Indonesian President Joko "Jokowi" Widodo, Merry asks for "mercy and leniency from you to lessen my sentence."

While Merry maintains her innocence, it is necessary to admit to wrongdoing when asking for clemency.

"With utmost respect, I, Merry Utami, beg your forgiveness for what I have done to this country... I hope Mr. Jokowi, with mercy, you can forgive all I have done," she wrote.

The letter, said Yuni, was suggested by her daughter.

Waiting for death

On the daughter's final visit on Thursday, hours before she was scheduled to be executed, Yuni said Merry's daughter described her mother as "better and stronger," and "more at peace," having "accepted" her fate.

Arinta Dea, Merry's lawyer, said on that day, Merry "prayed for 20 hours straight."

And then night fell and the thunderstorms came. As it grew dark, the hour of execution loomed closer.

All 14 were in their individual isolation cells when the process began.

"She (Merry) heard the sound of the doors open. Then one by one, the inmates were taken to be executed," Arinta told Rappler, as narrated to her by Merry.

"The first convict who was taken to be executed was Freddi (Budiman). She knew because Freddi passed her isolation room. While for the other 3 convicts, she only heard the sound of the doors open."

Merry was already dressed in the clothing given to her - clean, white clothing, so they could write a black mark right above her heart. Shooting target for the firing squad.

"She said she was ready and accepted that she will die."

'She thanked God a thousand times'

In the end, only 4 of the 14 who were scheduled to be executed, ultimately faced the firing squad.

Indonesian drug lord Budiman, Nigerians Michael Titus Igweh and Humphrey Jefferson, and Senegalese Seck Osmane were executed at 12:45 am.

Merry and the other inmates waited for their turn, knowing 4 had already been taken to be killed.

They waited in their isolation cells, awaiting their own deaths, awaiting the walk to the execution pole where they would be tied, blindfolded, and shot by the firing squad.

After about 6 hours of waiting, at around 6am, Merry recalled to Arinta that "suddenly all the doors were opened."

"They came out and hugged each other. Then the prosecutors told them they were not going to be executed," Arinta said.

What ensued was sheer relief and celebration.

"She was very happy. Just like the other inmates. They laughed and told each other how they felt. She thanked God a thousand times."

6-hour wait

If Merry's narration is accurate, this would mean officials did not tell the convicts themselves that they were spared - until 4 hours after the rest of the world knew.

At about 2am, officials held a press conference and told media that only 4 were executed and the 10 would be spared.

But the 10 themselves did not know until the sun rose from the sky.

"Waiting like that, wondering when will it will be your turn is already a punishment," Arinta said.

Yuni and Arinta, along with Merry's daughter, were among a small group who visited Merry in Cilacap prison where she was moved on Friday at 10:30am, hours after she was spared from execution.

This is when Merry narrated her experience.

"She is great and cheerful," Yuni said, when describing Merry's disposition after she was spared.

Merry's daughter was also overjoyed upon seeing her mother, giving her a hug and a kiss.

But Arinta said they will not rest until Merry is freed.

Source: rappler.com, August 2, 2016 (wr)

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

Indonesia will not abolish death penalty, Legal Affairs Minister says

Cuba
"A majority of Cubans want the death penalty abolished."
At the beginning of July, Havana Times put forward a new initiative: to find out what Cubans think about different national and/or global issues. As far as we know, only the government and government institutions carry out surveys; the results of these are not normally very accessible to ordinary Cubans.

The aim of our project is to contribute towards public opinion surveys not being administered by a centralized body and that the results of these are made easily accessible to everyone. We kicked off this project with a simple survey where the person taking it didn't have to give any personal information; all they had to do was mark the option they believed to be correct with a cross.

We chose to begin with the death penalty, because it's a very sensitive and important issue when building a civilized country. In Cuba, capital punishment was abolished by the 1940 Constitution and was later reinstated in 1959; the last executions of this kind took place in 2003 and since then there has been a de facto moratorium, even though Raul Castro publicly reminded us that it still exists, 3 years ago.

The 1st question of the survey looked into whether the death penalty should remain or be abolished from our Penal Code.

A slight majority of 52% of those surveyed would like it to be abolished, 35% want this kind of punishment to apply to a more limited number of crimes and 13% stand up for it to stay in our Penal Code just as it is.

Among those who would like to get rid of the death penalty entirely, 17% believed this wasn't a corrective measure; 48% believed that it's a violation against out most basic individual human rights and 35% think that life sentences should be the maximum punishment given for any kind of crime.

Those who defend the death penalty believe that it's a necessary evil (16%); believe that it prevents serious crimes from being committed and ensures civil peace (24%); and the majority, (60%), think that Life Imprisonment is not enough to punish someone in extreme cases.

Who should decide whether the death penalty is abolished or remains in the Penal Code? 85% of those surveyed think that a public referendum is the best way to settle these kinds of issues; 4% believe that it's an issue that lawyers should agree on, and 11% trust that the government should be who decides.

Conclusions

From our survey's results, we can see that the majority want the death penalty to be abolished. However, this isn't a great majority, the difference is very small (52% against 48%) and this could change if we had surveyed a greater number of people.

The main argument used by those against the death penalty is that it denies the person being punished their most basic individual human rights.

Amongst those who defend the death penalty, the main justification given is that life imprisonment isn't enough for certain crimes.

The immense majority of those interviewed believe that this issue should be resolved by a popular referendum, before leaving it to be decided by judges or the government.

The sample taken for this investigation is not representative of the Cuban people because of its small scale and because of the bias that including only people who have access to an email address implies; a minority sector with certain socio-cultural characteristics. 

Nevertheless, we are happy with this survey because it's our 1st attempt to make this kind of very sensitive information accessible to Cubans. We hope that we are able to contribute a little to their emancipation in this way.

Source: Havana Times, July 28, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

What do Cubans think about the death penalty?

Black Lives Matter
More than 50 organizations linked to the Black Lives Matter movement came together to draft its 1st policy platform, released Monday. 

"We seek radical transformation, not reactionary reform," Michaela Brown, a spokeswoman for Baltimore Bloc, an organization that worked on the platform, said. "As the 2016 election continues, this platform provides us with a way to intervene with an agenda that resists state and corporate power, an opportunity to implement policies that truly value the safety and humanity of black lives, and an overall means to hold elected leaders accountable." 

The platform demands reparations for slavery, investment in education and jobs, an end to the death penalty, the "demilitarization" of police departments, and decriminalization of prostitution and drug-related offenses.

Source: theweek.com, August 2, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

U.S.: Black Lives Matter releases platform calling for an end to the death penalty

German philosopher Emmanuel Kant writes that judicial punishment can never be used as a means to promote some other good for civil society since a human being can never be instrumentalized merely as a means to another�s end.

That means that to punish someone for the purpose of deterrence is to use the person punished as a mere tool and thus to do him or her an injustice.

This is the main humanitarian reason why many countries in the world have abolished the death penalty.

Once the death penalty was considered a tool to deter future crimes. But because humanity was regarded as the most essential thing in the constitutions, capital punishment was removed.

As Kant points out, humanity has to be inherent in judicial punishment. It implies that lex talionis (an eye for an eye) is invulnerable to deterrence.

Judicial punishment, therefore, should be a chance for offenders to be humanized or civilized.

Unfortunately, in the case of the death penalty, Indonesia strictly disregards this moral facet by manipulating and criminalizing offenders as tools of deterrence.

The Constitutional Court rejected in January last year yet another attempt to abolish the death penalty in the country, especially in drug and murder cases.

A judicial review of the capital punishment article in the Criminal Code was filed, among others by members of the Bali Nine, a group of Australian citizens sentenced to prison and death for smuggling drugs into Bali in 2005.

Over the last two years, Indonesia has executed 30 convicts, mostly foreigners, for drug-related crimes, defying international calls for an end to the death penalty.

Through the decision the government insisted that the death penalty is the only way to uphold humanity and sovereignty.

Such arguments seem very precarious. One could argue that capital punishment is a shock therapy. Consequently, executions result in shock and or fear of committing a crime and later on a decline in the number of certain crimes.

Execution is a form of murder, which is a crime and contradicts the logic of justice, but for the purpose of honoring the law it is made an exception.

It is because of this exception that the death penalty is legally and morally weak. On the moral side, capital punishment contravenes the values of justice, dehumanizes people and disrupts peace.

On the legal side, the death penalty is a reckless way to justify or institutionalize state crime or murder.

Put simply, we may understand why President Joko �Jokowi� Widodo rejected clemency petitions from many quarters. His refusal appears to have something to do with the constitution, which legalizes the death penalty.

There is nothing wrong with it constitutionally, because as the President, Jokowi has to uphold the constitution and national law.

However, if we accept humanity as the essence of the law, the biggest problem that we should address does not concern Jokowi�s decision, but how to reform the Indonesian legal system in order to transmit humanity.

There are three aspects that need to be reformed: the structure of law, the culture of law and the substance of law.

Reforming the structure of law pertains to the orientation and attitude of professionals involved in protection of public rights and justice. Judges, prosecutors, the police and defense lawyers are not subordinate to each other.

Although formally there is a division of labor among them, they share a common responsibility for ensuring that justice is served.

When it comes to the culture of law, we know that the death penalty was repressively inherited during Dutch colonization. But in the postcolonial era, Indonesian continues to employ the death penalty, as if it was born from its own culture.

Reforming the culture of law is about how to change the public�s mindset about either the impotence or insignificance of the death penalty in Indonesian culture.

In revamping the substance of law, the House of Representatives needs to respond to public aspirations that condemn the death penalty through amendments to law. Capacity building and empowerment of lawmakers is imperative to help them realize the sense of justice.

The three-pronged efforts are all that we need to strengthen both moral and legal grounds of Indonesian law. We cannot perpetrate a crime to wipe out a crime. Otherwise, we are criminals.

Source: Jakarta Post, Charles Beraf, Social researcher, August 1, 2016

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"One is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted." - Oscar Wilde

Indonesia: Delegitimizing capital punishment