Tuesday, February 17, 2015

6 Malaysians on death row in Indonesia - Malaysia urges Indonesia that their sentence be commuted?

Time for the Death Penalty to be abolished in ASEAN? Malaysians on death row in Indonesia - Malaysia ask that their sentence be commuted, Indonesians on death row in Malaysia, and Indonesia ask that their sentences be commutted. 

6 Warga Terancam Eksekusi Mati di RI, Apa Kata Malaysia?

Malaysia berjanji menghormati keputusan Pemerintah Indonesia.

Senin, 16 Februari 2015 | 20:25 WIB
Oleh : Ni Kumara Santi Dewi, VIVA.co.id
VIVA.co.id - Tidak hanya ratusan warga Indonesia saja yang terancam eksekusi mati di Negeri Malaysia, ternyata 6 warga Negeri Jiran itu juga divonis hukuman mati di RI.

Menurut Duta Besar Kerajaan Malaysia untuk RI, Zahrain Mohamed Hashim, yang ditemui VIVA.co.id pada Senin, 16 Februari 2015, keenam warga Negeri Jiran itu terjerat kasus narkoba saat di Indonesia.

Menyadari hal itu, Zahrain menyebut Pemerintah Malaysia tentu melakukan pendekatan diplomatik terhadap Indonesia agar keenam warga mereka bisa terhindar dari eksekusi mati.

"Tetapi, kami tetap harus menghormati Indonesia sebagai negara berdaulat. Masing-masing negara kan memiliki aturan dan Undang-Undang, sehingga keputusan akhir mengenai eksekusi tetap ada di tangan Pemerintah RI," ungkap Zahrain yang ditemui di Gedung Kedutaan, Kuningan, Jakarta Selatan dalam pertemuan media terbatas.

Pemerintah Malaysia pun nantinya akan mengajukan pengampunan ke Pemerintah Indonesia. Tetapi, kalau pada akhirnya hukum di Indonesia memutuskan berbeda, imbuh Zahrain, maka mau tidak mau Malaysia akan menghormatinya.

Seolah memberikan sinyalemen, jika nanti warganya dieksekusi, Pemerintah Malaysia tidak akan menekan atau mengancam Indonesia.

Sementara di sisi lain, data dari Direktorat Perlindungan Warga Negara Indonesia dan Badan Hukum Indonesia mencatat ada 168 warga RI yang terancam hukuman mati di Negeri Jiran. Zahrain menyebut, mereka terlibat beragam kasus, mulai dari penyalahgunaan narkoba, perampokan bersenjata, dan pembunuhan.

Dia pun turut mengingatkan Indonesia untuk tetap menghormati hukum yang berlaku di Malaysia. Artinya, kendati saat ini Pemerintah RI tengah mengusahakan agar warganya terhindar dari eksekusi mati, namun apa pun keputusan Pemerintah Malaysia nanti, tidak boleh dicampuri oleh RI.

"Kalau masing-masing negara saling menghormati aturan di negara yang bersangkutan, maka isu semacam ini tidak akan menjadi besar. Lagi pula, untuk apa orang datang ke negara lain dengan membawa narkoba?" tanya Zahrain.

Dia menyebut eksekusi mati di Malaysia sudah bisa ditawar lagi. Terlebih jika pelaku tindak kejahatan narkoba.

"Itu sudah merupakan satu ketentuan tegas bahwa jika ada yang terlibat kasus narkoba, maka hukumannya mati digantung," katanya.

Akibat sikap teguh itu, Malaysia, ujarnya, telah dikecam oleh berbagai pihak dan negara. Namun, mereka tetap menjalankan eksekusi itu.

"Semua proses hukum kan telah dilalui. Kami pun telah mengeksekusi berbagai warga asing mulai dari Australia, Inggris, Kanada dan warga dari negara lain yang ikut terlibat kasus narkoba," katanya.





Thursday, February 12, 2015

117 in favour, 37 against and 34 abstentions - UNGA Resolution on DP (18/12//2014)

18/12/2014 - UN General Assembly Resolution- See Resolutions of the 69th Session of UNGA

Resolution adopted by the General Assembly on 18 December 2014 [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

69/186. Moratorium on the use of the death penalty  

The General Assembly,  

Guided by the purposes and principles contained in the Charter of the United Nations,  

Reaffirming the Universal Declaration of Human Rights, 1 the International Covenant on Civil and Political Rights2 and the Convention on the Rights of the Child,3  

Reaffirming also its resolutions 62/149 of 18 December 2007, 63/168 of 18 December 2008, 65/206 of 21 December 2010 and 67/176 of 20 December 2012 on the question of a moratorium on the use of the death penalty, in which the General Assembly called upon States that still maintain the death penalty to establish a moratorium on executions with a view to abolishing it,  

Welcoming all relevant decisions and resolutions of the Human Rights Council,  

Mindful that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable,  

Convinced that a moratorium on the use of the death penalty contributes to respect for human dignity and to the enhancement and progressive development of human rights, and considering that there is no conclusive evidence of the deterrent value of the death penalty,  

Noting ongoing local and national debates and regional initiatives on the death penalty, as well as the readiness of an increasing number of Member States to make available to the public information on the use of the death penalty, and also, in this regard, the decision by the Human Rights Council in its resolution 26/2 of 26 June 2014 4 to convene biennial high-level panel discussions in order to further exchange views on the question of the death penalty,

 Recalling the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty,5 and in this regard welcoming the increasing number of accessions to and ratifications of the Second Optional Protocol, 


 Noting the technical cooperation among Member States, as well as the role of relevant United Nations entities and human rights mechanisms, in supporting State efforts to establish moratoriums on the death penalty,  

1. Expresses its deep concern about the continued application of the death penalty;  

2. Welcomes the report of the Secretary-General on the implementation of resolution 67/176 6 and the recommendations contained therein;  

3. Also welcomes the steps taken by some States to reduce the number of offences for which the death penalty may be imposed, as well as steps taken to limit its application;  

4. Further welcomes the decisions made by an increasing number of States, at all levels of government, to apply a moratorium on executions, followed in many cases by the abolition of the death penalty;  

5. Calls upon all States: 
 ( a) To respect international standards that provide safeguards guaranteeing protection of the rights of those facing the death penalty, in particular the minimum standards, as set out in the annex to Economic and Social Council resolution 1984/50 of 25 May 1984, as well as to provide the Secretary-General with information in this regard;  

( b) To comply with their obligations under article 36 of the 1963 Vienna Convention on Consular Relations,7 particularly the right to receive information on consular assistance within the context of a legal procedure;  

( c) To make available relevant information, disaggregated by applicable criteria, with regard to their use of the death penalty, inter alia, the number of persons sentenced to death, the number of persons on death row and the number of executions carried out, which can contribute to possible informed and transparent national and international debates, including on the obligations of States pertaining to the use of the death penalty; 

 ( d) To progressively restrict the use of the death penalty and not to impose capital punishment for offences committed by persons below 18 years of age, on pregnant women or on persons with mental or intellectual disabilities;  

( e) To reduce the number of offences for which the death penalty may be imposed; 

 ( f) To establish a moratorium on executions with a view to abolishing the death penalty;  

6. Calls upon States which have abolished the death penalty not to reintroduce it, and encourages them to share their experience in this regard

7. Calls upon States that have not yet done so to consider acceding to or ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;5 

8. Requests the Secretary-General to report to the General Assembly at its seventy-first session on the implementation of the present resolution; 

9. Decides to continue consideration of the matter at its seventy-first session under the item entitled “Promotion and protection of human rights”. 

73rd plenary meeting 
18 December 2014

_______________
1 Resolution 217 A (III). 
2 See resolution 2200 A (XXI), annex. 
3 United Nations, Treaty Series, vol. 1577, No. 27531. 
4 See Official Records of the General Assembly, Sixty-ninth Session, Supplement No. 53 (A/69/53), chap. V, sect. A.
5 United Nations, Treaty Series, vol. 1642, No. 14668. 

6 A/69/288. 
7 United Nations, Treaty Series, vol. 596, No. 8638.



A/RES/69/186 C.3 68 (b) A/69/PV.73
18 December 2014
GA/11604
117-37-34


A/69/488/Add.2 DR XXI Moratorium on the use of the death penalty

Jokowi must stop the killings - Drug traffickers are not deterred by the death penalty.

Jokowi must stop the killings and end death penalty

February 7, 2015 
 
It's time Indonesia realises that drug traffickers are not deterred by the death penalty.

 
FMT LETTERS
From: Charles Hector, via email
jokowi Crime, death penalty, drugs, Indonesia

MADPET (Malaysians Against Death Penalty and Torture) is disturbed by the recent execution of six persons in Indonesia in January 2015, and the possibility that many more will be executed in the near future.

Indonesia seems to have had an unofficial moratorium on executions for several years from 2008 but resumed capital punishment again in 2013. There were apparently no executions in 2014.

After President Joko “Jokowi” Widodo took office in October 2014, things changed. On or about January 18, 2015, six persons were executed by firing squad: five foreigners and an Indonesian woman convicted on drug trafficking charges were killed.

President Joko “Jokowi” Widodo says that Indonesia is in a ‘state of emergency’ with regard to rampant drug trafficking across Indonesia, and he believes that this problem could be solved by executions. He is wrong, and MADPET reiterates that the death penalty does not deter drug offences.

In March 2012, it was revealed in the Malaysian Parliament by then Home Minister, Hishammuddin Hussein that the mandatory death penalty has been shown to have failed to act as a deterrent. Police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, for 2009 to 2011 have shown an increase.

Malaysian Crime Prevention Foundation vice-chairperson Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

It is also now accepted that many persons facing the death penalty for drug trafficking are really ‘mules’, many of whom are young people who have been tricked, or those who are financially disadvantaged. Cases like that of Malaysian Umi Azlim Mohamad Lazim, 24, a graduate from a poor Malay family of rice farmers, and young Malaysian Yong Vui Kong who were once facing death for drug trafficking, who since then had their sentences commuted, have opened many eyes as to why the death penalty needs to be abolished, especially for drug offences.

Malaysia is seriously moving towards the abolition of the death penalty. Indonesia needs to consider the Malaysian experience, and immediately put a stop to its plans to execute even more convicted drug traffickers. There is really no empirical evidence to support the notion that the death penalty serves as an effective deterrent to the commission of crimes.

Further, no criminal justice system in the world is foolproof, error-free or fail-safe. In the instance of the death penalty, there is no opportunity to correct an error, as the execution of the death sentence is irreversible. We recall the Taiwan case of Chiang Kuo-ching, a private in the Air Force, who was executed in 1997 for a murder, which the Taiwan government did admit was an error in 2011.

On December 18, 2014, the United Nations General Assembly adopted a Resolution to establish a moratorium on executions with a view to abolishing the death penalty, with 117 votes in favour. This was the fifth time a resolution on this issue has been passed. There is no doubt that the global community is more and more for the abolition of the death penalty.

Indonesia, being a member nation of the global community, should adhere to these Resolutions and immediately establish a moratorium on all executions in Indonesia.

It has been reported that President Joko “Jokowi” Widodo has stated that he will reject the clemency petitions for all drug traffickers on death row, which is about 57 persons. This is certainly not proper or just, for each and every application for clemency should be considered separately and without prejudice by the President on its merits. The presidential power to grant clemency is most important in death penalty cases as this is the last safeguard against wrongful conviction and therefore wrongful execution.

MADPET urges Indonesia to immediately stop any further executions, and immediately comply with the United Nations General Assembly Resolution and establish a moratorium on executions with a view to abolishing the death penalty. - FMT News, 7/2/2015, Jokowi must stop the killings and end death penalty

See also:-

Indonesia Must Immediately Establish A Moratorium on Execution And Move Towards Abolition of the Death Penalty (The original media statement)

Indonesia must stop executions(Malaysiakini) - check out some readers' comments?

Friday, February 06, 2015

Indonesia Must Immediately Establish A Moratorium on Execution And Move Towards Abolition of the Death Penalty





Media Statement – 6/2/2015

Indonesia Must Immediately Establish A Moratorium on Execution And Move Towards Abolition of the Death Penalty

MADPET(Malaysians Against Death Penalty and Torture) is disturbed by the recent execution of 6 persons in Indonesia in January 2015, and the possibility that many more will be executed in the near future. 

Indonesia seems to have had an unofficial moratorium on executions for several years from 2008 but resumed capital punishment again in 2013. There were apparently no executions in 2014.

After President Joko “Jokowi” Widodo took office in October 2014, things changed. On or about 18/1/2015, 6 persons were executed by firing squad. 5 foreigners and an Indonesian woman convicted on drug trafficking charges were killed.

President Joko "Jokowi" Widodo says that Indonesia is in a ‘state of emergency’ with regard to rampant drug trafficking across Indonesia, and he believes that this problem could be solved by executions. He is wrong, and MADPET reiterates that the death penalty does not deter drug offences.

In March 2012, it was revealed in the Malaysian Parliament by then Home Minister, Hishammuddin Hussein that the mandatory death penalty has been shown to have failed to act as a deterrent. Police statistics for the arrests of drug dealers under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, for the past three years (2009 to 2011) have shown an increase. In 2009, there were 2,955 arrested under this section. In 2010, 3,700 people were arrested, whilst in 2011, there were 3,845 arrested.(Free Malaysia Today, March 19, 2012, ‘Death penalty not deterring drug trade’).

Malaysian Crime Prevention Foundation vice-chairperson Lee Lam Thye also did note in July 2013 that the death sentence had not deterred the drug trade.

It is also now accepted that many persons facing the death penalty for drug trafficking are really ‘mules’, many of whom are young people who have been tricked, or those who are financially disadvantaged. Cases like that of Malaysian Umi Azlim Mohamad Lazim, 24, a graduate from a poor Malay family of rice farmers, and young Malaysian Yong Vui Kong who were once facing death for drug trafficking, who since then had their sentences commuted, have opened many eyes as to why the death penalty need to be abolished, especially for drug offences. Malaysia is seriously moving towards the abolition of death penalty.   
Indonesia needs to consider the Malaysian experience, and immediately put a stop to its plans to execute even more convicted drug traffickers. There is really no empirical evidence to support the notion that the death penalty serves as an effective deterrent to the commission of crimes.

Further, no criminal justice legal system in the world is foolproof, error-free or fail-safe.  In the instance of the death penalty, there is no opportunity to correct an error, as the execution of the death sentence is irreversible. We recall the Taiwan case of Chiang Kuo-ching, a private in the Air Force, who was executed in error in 1997 for a murder, which the Taiwan government did admit was an error in 2011. 

On 18/12/2014, the United Nations General Assembly(UNGA) adopted a Resolution to establish a moratorium on executions with a view to abolishing the death penalty. 117 member states voted in favour of the resolution,  38 voted against and 34 abstained. This was the fifth time a resolution on this issue has been passed. In December 2012, being the last time, 111 states voted in favour, 41 against and 34 abstained. In 2007, only 104 nations that supported. In 2008, this increased to 106. In 2010, 108 countries voted in favour and now in 2014, 117 member countries voted in favour. There is no doubt that the global community is more and more for the abolition of the death penalty.

Indonesia, being a member nation of the global community, should adhere to these UNGA Resolutions and immediately establish a moratorium on all executions in Indonesia.

It has been reported that President Joko “Jokowi” Widodo has stated that he will reject the clemency petitions for all drug traffickers on death row, which is about 57 persons. This is certainly not proper or just, for each and every application for clemency should be considered separately and without prejudice by the President on its merits. (Jakarta Post, 30/1/2015). The Presidential power to grant clemency is most important in death penalty cases as this the last  safeguard against wrongful conviction and therefore wrongful execution. 

MADPET urges Indonesia to immediately stop any further executions, and immediately comply with the United Nations General Assembly Resolution and establish a moratorium on executions with a view to abolishing the death penalty.

Charles Hector
For and on behalf of MADPET