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Showing posts with label Joko Widodo. Show all posts
Showing posts with label Joko Widodo. 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

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

Indonesian police officers
The 3rd batch of executions during President Joko "Jokowi" Widodo's administration early on Friday saw 4 of the scheduled 14 inmates executed before firing squads and this latest round of killings has sparked criticism of the government over its negligence in conforming to the law in conducting the controversial form of punishment.

The Attorney General's Office (AGO) executed 4 death-row convicts, all of whom were drug traffickers - Indonesian Freddy Budiman and Nigerians Seck Osmane, Michael Titus and Humphrey Jefferson - leaving the remaining 10 alive pending their ongoing legal processes.

The execution of the 4, however, is considered by some to have been against the law as many procedures were omitted by the government.

Rina, a spiritual mentor from the Gita Eklesia foundation who accompanied Osmane before his execution, said there was no clear explanation from the AGO as to why only 4 convicts had been executed and why Osmane was 1 of them.

"We don't know why only 4 people were eventually killed. All spiritual mentors were asked to wait. Until 10 p.m., they finally said only [death-row convicts] numbers 6,7,9 and 11 [would be executed]," she told a press conference at the office of the Foundation of the Indonesian Legal Aid Institute (YLBHI) in Central Jakarta.

She added that the executions disregarded the convicts' basic rights since the 4 were sent to their place of execution while seeing that the others had suddenly been spared.

Muhammad Afif of the Community Legal Aid Institute, who accompanied Nigerian Humphrey Jefferson, said the government had violated the 1964 Law on Execution Procedures, which stipulates that death-row convicts have to be informed about the certainty of their execution 72 hours beforehand.

"Jefferson was given notification on July 26 at 3:40 p.m., while the execution was carried out on July 29 at 12:50 a.m., which is less than 60 hours," he said.

The government is also guilty of another violation in the fact that 3 of the 4 convicts - Freddy, Osmane and Jefferson - were in the process of appealing for clemency when they were executed.

Freddy filed an appeal a day before his execution, while Jefferson filed his on Monday and Osmane on Wednesday, Erasmus Napitupulu from the Institute for Criminal Justice Reform (ICJR) said.

Under the 2010 Clemency Law, death row convicts cannot be executed if they or their relatives appeal for clemency and the President has not yet rejected it.

Attorney General Muhammad Prasetyo argued it was too late for the convicts to apply for clemency.

Legal activist and lawyer Julius Ibrani of the YLBHI also questioned the excessive budget used to carry out the executions, saying that Rp 7 billion (US$532.000) had been used up even though all the executions had yet finished.

"The budget for the death penalty was given to 2 institutions, the attorney and the police. 2 budgets allocated for 1 activity can cause misuse of state budget," he said.

Another criticism comes from human rights activist Haris Azhar, who highlighted his conversation with Freddy. Freddy said he had shelled out around Rp 450 billion to the National Narcotics Agency (BNN) and another Rp 90 billion to officials at the National Police to buy protection for his drug business.

Haris said Freddy had pointed to the involvement of 2-star generals from the Indonesian Military (TNI). According to Freddy, the generals had accommodated Freddy's business by providing facilities for he and his associates to use while serving his sentence on the secluded prison island of Nusakambangan.

Source: Jakarta Post, 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: Trail of legal violations up to execution of 4 inmates