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Executions Plus Bloody War on Drugs is Not the Way Forward for Indonesia

Wednesday, March 4, 2015
PHUKET: As an independent Asean media outlet, Phuketwan joins the plea for Indonesia's President Joko Widodo to show humanity and order a halt to the state-sanctioned murders of 10 people by firing squad execution.

These murders are now in the final stages of preparation and could take place as early as this weekend. Australians Andrew Chan and Myuran Sukumaran are among those due to be killed.

Brazil and the Netherlands withdrew their ambassadors after earlier executions in January, and Australia has said it may do the same.

The following open letter has been sent to the president, signed by 43 NGOs and rights groups:

Mr President

We, the undersigned organisations, condemn in the strongest possible terms your decision to deny clemency to 10 individuals who are scheduled to be executed by firing squad in the coming days in Nusakambangan prison in Central Java.

Your previous refusal to grant clemency to six convicted drug traffickers on 18 January 2015 was disappointing and a step in the wrong direction. Your decision to authorise more executions in the coming weeks and months has tarnished Indonesia's international image and risks damaging bilateral relations between Jakarta and capitals of abolitionist countries, which represent 70 percent of the international community.

In addition, your administration's decision to intervene to save the lives of the about 230 Indonesians who have been sentenced to death abroad is completely inconsistent with your determination to authorise executions in Indonesia.

We are deeply concerned that your decision to authorise executions is based on the conclusions of an outdated and criticised study by the University of Indonesia and the National Narcotics Agency (BNN).

The 2008 survey provides no clear evidence for the assertion that Indonesia is plagued by a drug epidemic that allegedly causes millions of its citizens to become drug addicts and thousands of them to die every year.

In addition, there is no conclusive empirical evidence that the imposition of death sentences for drug-related offences has any deterrent effect on drug trafficking and drug consumption.

According to official figures, at the end of January 2015, nearly two years after Indonesia ended a four-year moratorium on the death penalty, there were 130 inmates on death row, 58 of whom had been convicted for drug trafficking.

We are also troubled by your recent statements in support for a ''war on drugs'' in Indonesia.

Under the banner of ''wars on drugs,'' governments in the region and beyond have committed serious human rights violations including extrajudicial killings, torture, and arbitrary detentions.

Nevertheless, these policies and the ''war on drugs'' have failed miserably to significantly curb drug production, trafficking, and consumption.

Executions are against Article 28(a) of the Indonesian Constitution, which guarantees everyone's right to life.

They are also in breach of Indonesia's international legal obligations under Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which recognises every human being's inherent right to life.

We urge your administration to comply with Indonesia's international obligations and immediately begin the implementation of the recommendations that the UN Human Rights Committee (HRC) made in July 2013 with regard to the death penalty in the country. These include :

.. Halting all planned executions.

.. Reinstating an official moratorium on all executions.

.. Commuting all death sentences.

.. Ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).

.. Abolishing the death penalty.

We thank you for your attention to this matter.

Signed:

1. Commission for the Disappeared and Victims of Violence, KontraS (Indonesia)
2. FIDH - International Federation for Human Rights
3. Abdorrahman Boroumand Foundation (Iran)
4. Altsean-Burma (Burma)
5. Anti-Death Penalty Asia Network, ADPAN
6. Armanshahr/OPEN ASIA (Afghanistan)
7. Association for the Right to Live, ARL (Iran)
8. Association for Human Rights in Kurdistan of Iran, KMMK-G (Switzerland)
9. Avocats sans Frontieres (France)
10. Cambodian Human Rights and Development Association, ADHOC (Cambodia)
11. Centre d'Observation des Droits de leHomme et d'Assistance Sociale, CODHAS (Democratic Republic of Congo)
12. Center for Prisoners' Rights (Japan)
13. Collectif MUMIA (France)
14. Death Penalty Focus (US)
15. Droits et Paix Cameroon (Cameroon)
16. Embrey Human Rights Program (US)
17. Hands off Cain (Italy)
18. Human Rights and Democracy Media Center, SHAMS (Palestine)
19. German Coalition to Abolish the Death Penalty, GCADP (Germany)
20. International Federation of Action by Christians for the Abolition of Torture, FIACAT
21. Italian Coalition to Abolish the Death Penalty (Italy)
22. Japan Innocence and Death Penalty Information Center (Japan)
23. Journey of Hope from Violence to Healing (US)
24. Lao Movement for Human Rights (Laos)
25. Lawyers For Human Rights International (India)
26. League for the Defence of Human Rights in Iran, LDDHI (Iran)
27. Legal Defence and Assistance Project, LEDAP (Nigeria)
28. Lifespark (Switzerland)
29. Lualua Center for Human Rights, LCHR (Lebanon)
30. Mouvance des Abolitionnistes du Congo Brazzaville (Republic of Congo)
31. National Death Row Assistance Network of CURE (USA)
32. Nigerian anti Death Penalty Group (Nigeria)
33. Paris Bar (France)
34. Philippine Alliance of Human Rights Advocates, PAHRA (Philippines)
35. Raidh (France)
36. Reprieve Australia (Australia)
37. Rescue Alternatives Liberia, RAL (Liberia)
38. Sant'Egidio (Italy)
39. Serbia Against Capital Punishment, SACP (Serbia)
40. Suara Rakyat Malaysia, SUARAM (Malaysia)
41. Taiwan Alliance to End the Death Penalty, TAEDP (Taiwan)
42. Union for Civil Liberty (Thailand)
43. Vietnam Committee on Human Rights (Vietnam)

Comments

Comments have been disabled for this article.

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I do miss here were the parents/family/drugs addicts, coz of this drug smugglers can go to have care and support. Many life's ruined by these drug business people. Put a 8-10kg weight in your suite case, lift it from the floor, than you realize how much drugs were seized by authorities. Indonesia is now executing according the same laws as Singapore, Malaysia are doing. So, what is the point? These people were not having a small amount of drugs for own use with them. This are professional syndicate drug gangsters. Advice: Read your Arrival card warning in the aircraft about ultimate penalty for drugs trafficking, and accept it.

Posted by Kurt on March 4, 2015 11:49

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I respect the humanity plea of PhuketWan regarding not execute 'multi amount' drugs gangsters. But were is the plea for the victims? Scholars who get aggressively drugs 'provided' at school gates, and so on. I like to read a plea for victims. Governments have to spend a lot of money to get youngsters back on no-drugs trail. People working in drugs syndicates deserve the penalty as warned on flight arrival cards. And I support any government who execute drugs mafia people. Ask yourself how you would feel if your kid is now on drugs because of these gangsters. All the bla bla to save the lifes of these gangsters is pathetic. ( perhaps you not publish my view, as it is probably not fashioned).

Posted by Kurt on March 4, 2015 12:15

Editor Comment:

Unfortunately there is no evidence that executions and ''drugs wars'' prevent anyone from selling drugs, Kurt. That's the point. It merely creates more misery among the families of the executed and reduces the state to the level of murderers.

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These mafia drugs cartel people will be executed, no doubt. All the crocodile tears of all the organizations to save the lifes of these drugs criminals are contra-productive. Where are the voices in favor of the drugs victims? Indonesia will execute, period. Calling back Ambassadors is a reaction which is just nice for the Ambassador to see his family. Nothing more, nothing less. The dutch ambassador went to Holland, saw his family, and is back again in Jakarta. All is just wallpaper stuff.
Business as usual.

Posted by Kurt on March 4, 2015 12:21

Editor Comment:

This is your third comment in quick succession on the topic, Kurt. I know it is not in your character, but most of us would appreciate other opinions. Plainly, you haven't read about the nightmare of firing squads. Most people understand (a) redemption and (b) compassion. Your ideas are fortunately disappearing wherever people are allowed to think clearly about the issue.

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Well, I'm certain I'll take heat for this, but I disagree with PW's stance on this. You make an assertion in your plea letter that "... a 2008 survey provides no clear evidence for the assertion that Indonesia is plagued by a drug epidemic that allegedly causes millions of its citizens to become drug addicts and thousands of them to die every year." This is an issue of people coming there to export drugs, not import them and spread it around the community. These greedy drug smugglers knew every step of the way what they were doing, they knew the possible consequences, and assumed the risks, all for the sake of easy big money. These people had absolutely NO concern for the hoards of people that would negatively affected by them peddling their poison, and they would have gladly sold their drugs to your children or mine, our brothers and sisters, and anyone else that they could. These drugs would easily have resulted in many more deaths due to illegal drug dealing, drug-related gang crime and overdosing, but that doesn't seem to matter. This is what they do in Indonesia... if you don't like it, fine...don't go there.

Posted by Richard Vickers on March 4, 2015 12:22

Editor Comment:

It's not our letter, Richard, but we are certainly against capital punishment because it serves no purpose except to dehumanise those who advocate it.

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I want to read about supports/efforts to make out kids are not falling in hands of drug syndicate people who are now going to be executed. Like in Malaysia, Singapore, China and many other countries. I support the president of Indonesia, a good man.

Posted by Kurt on March 4, 2015 12:26

Editor Comment:

Comment Four in quick succession on the same issue, Kurt. You may not even have convinced yourself yet. The leader of Indonesia has won an election which, judging from precedents everywhere, does not necessarily make him a good man, only a powerful one. A genuine good man, faced with the choice between inflicting death or showing compassion, might make a different choice.

I suspect you will be telling us in Comment Five that ''zero tolerance'' is the answer.

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Mr Editor, I am very glad with your comment. It is not a matter of evidence.
Is creating misery among family of drugs gangsters ( who probably have eaten/living in wealth because of the drugs business)more important than the misery of families who get their kid addicted because of these drugs syndicate criminals? Where is phuketWan feelings/understanding for the victims? ( many under aged, damaged for life?) It is not a matter of evidence, it is a matter of terminating the life of drugs syndicate criminals.
I spray monthly against termites. Governments 'spray too'. I expect more understanding for families of the victims. Not for families of drug gansters.

Posted by Kurt on March 4, 2015 12:39

Editor Comment:

Executing people achieves nothing, Kurt, except to prove that you and those who advocate state-sanctioned slayings are just as lacking in compassion as the drug-sellers. Being anti-capital punishment doesn't make us supporters of drug sellers. But it does make us smart enough to see that an eye for an eye never has worked and never will.

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I, like everyone was a bit blase about the execution of drug smugglers. The damage they do is horrible, but is killing them violently the way to go? We should be beyond that. Not long ago people derided the jail in Bali, and now they are singing the praises of the rehabilitation of the inmates. Ironically the two slated for execution are seen as the best rehabilitated ones. The "lifers" are supposedly not doing as well. Is it the threat of death that turned them around? Who knows but whatever you opinion it is hard to support state sanctioned murder at any time. To be considered a modern relevant country the death penalty should go. That includes the USA, not just the ones talked about here. As long as drugs are illegal and there is so much money to make there will be people willing to take the risk. That will not change no matter how many are shot/hanged. In the past people were hung publicly and quickly, there was still plenty of crime.

Posted by Davemc60 on March 4, 2015 12:40

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Mr Editor, with really much respect for forwarding my thoughts/feelings about this matter, I just like to wait and see how other readers comment. Thank you so much.

Posted by Kurt on March 4, 2015 12:46

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Taking any drug is a personal choice. Nobody is putting a gun to the drug user's head and forcing them to ingest drugs. Does the tobacco addict or alcoholic blame the shop/bar for selling them their particular drug of choice? Does the sugar addict blame the donut shop for making them obese?

Posted by BigP on March 4, 2015 13:30

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Hey Kurt calm down, nobody want to set them free.

We got it now, you want to see drug dealers dead because they bring much suffering on other families.

And what hat about murderers, manslaughterers, rapists, pedophiles, they also add large suffer to families.
Kill them all?

Death penalty is a relic from ancient times, modern civilisations not judge eye for eye, and tooth for tooth.

Be aware what states still impose the death penalty. China, Iran, White Russia, Arabia, some rednecks from the bible belt.

What civilized and educated people makes different from those idiots is the ability to grant mercy.

Means not to release them but give them a harsh punishment instead of a bullet.

Posted by Georg The Viking on March 4, 2015 13:52

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As BigP states, taking any substance (be it solid, liquid or gas) is a 'freedom of choice', though maybe not so much once you become an addict.

Passing through London Heathrow yesterday, I spotted a mass display of cigarette cartons which prominently stated 'Smoking Kills'. Does that make the duty free sales guy a killer for trying to sell such?

Maybe I digress from the point, but regardless of anyone's view on capital punishment in any form, the fact that it is a clearly stated penalty in some countries should make people take note of the risks they are taking trafficking in drugs.

Posted by Logic on March 4, 2015 14:41

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The above letter needs the following changes, to read as follows:

Mr President

I, the undersigned, do not condemn in the strongest possible terms your decision to deny clemency to 10 individuals who are scheduled to be executed by firing squad in the coming days in Nusakambangan prison in Central Java.

Your previous refusal to grant clemency to six convicted drug traffickers on 18 January 2015 was a step in the right direction. Your decision to authorise more executions in the coming weeks and months has polished Indonesia's international image and may risk damaging bilateral relations between Jakarta and capitals of abolitionist countries, which represent 70 percent of the international community.

In addition, your administration's decision to intervene to save the lives of the about 230 Indonesians who have been sentenced to death abroad is completely inconsistent with your determination to authorise executions in Indonesia.

I am deeply concerned that your decision to authorise executions is based on the conclusions of an outdated and criticised study by the University of Indonesia and the National Narcotics Agency (BNN).

The 2008 survey provides no clear evidence for the assertion that Indonesia is plagued by a drug epidemic that allegedly causes millions of its citizens to become drug addicts and thousands of them to die every year.

In addition, there is no conclusive empirical evidence that the imposition of death sentences for drug-related offences has any deterrent effect on drug trafficking and drug consumption.

According to official figures, at the end of January 2015, nearly two years after Indonesia ended a four-year moratorium on the death penalty, there were 130 inmates on death row, 58 of whom had been convicted for drug trafficking.

I am not troubled by your recent statements in support for a ''war on drugs'' in Indonesia.

Under the banner of ''wars on drugs,'' governments in the region and beyond have committed serious human rights violations including extrajudicial killings, torture, and arbitrary detentions.

Nevertheless, these policies and the ''war on drugs'' have failed miserably to significantly curb drug production, trafficking, and consumption. That is why these executions must be carried out soonest.

Executions are against Article 28(a) of the Indonesian Constitution, which guarantees everyone's right to life. Yes, Right to Life of all Law Abiding Citizens, not those who transgress the Law and try to disseminate drugs thoughout the Indonesian boarders.

They are also in breach of Indonesia's international legal obligations under Article 6 of the International Covenant on Civil and Political Rights (ICCPR), which recognises every human being's inherent right to life. Yes, Right to Life of all Law Abiding Citizens, not those who transgress the Law and try to disseminate drugs though out the Indonesian boarders.


We urge your administration to comply with Indonesia's international obligations and immediately begin the implementation of these recommendations: These include:

.. Speeding up the time frame of all planned executions.

.. Reinstating an official moratorium on all executions.

.. Carrying out all future sentences timeously.

.. Never abolishing the death penalty.

I thank you for your attention to this matter.

Signed:

Posted by Duncan B on March 4, 2015 15:06

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" Executing people achieves nothing"
Yes, it does. they won't be smuggling ever again.

Posted by FS on March 4, 2015 16:56

Editor Comment:

Life in jail also ensures that.

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The war on drugs is pathetic. It will never work, only Education can prevent it.

Killing people for drugs is wrong. Killing is wrong.

Law is Law, albeit if you think it is wrong. Ignorance of the law is not an excuse.

Although I strongly disagree with what has happened, it is the law.

Posted by Tbs on March 4, 2015 18:07

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"Life in jail also ensures that."
Yes, it does. Just saying that executing does achieve something.

Posted by FS on March 4, 2015 18:11

Editor Comment:

If you can call taking another human's life ''achieving something,'' FS. Not many people will read about what's about to happen in Indonesia in the next few days and still support capital punishment.

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Assuming a person is guilty beyond a reasonable doubt, the death penalty is the easy way out.

Life behind bars without parole (and why not some hard labor?) is a true punishment.

Posted by Anonymous on March 4, 2015 18:48

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they knew the penalty but took the risk to gain huge rewards, they got caught they pay the price. To do otherwise sends a message that the penalty of death is not true. All drug traffickers should be executed anywhere in the world, why should tax payers fund their incarceration

Posted by Shwe on March 4, 2015 21:00

Editor Comment:

If these two men have redeemed themselves and are no longer the criminals they were about a decade ago, do they still deserve to die? Everybody says they are now good men. Yet you say they still deserve execution. That doesn't make sense.

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@ Tbs, I agree with you, the law is the law, people are warned by their arrival card they fill out in the aircraft.
Yes Tbs, killing is wrong, killing youngsters by providing them drugs at school gates and 'kill them slowly by time' is wrong.
@Anonymous, yes, I agree, a execution is
far better than a life time in a Indonesian or other Asian prison. If Australia want so much to safe the life of these convicted criminals, than let them offer Indonesia life time payment care in a Indonesian prison for these killers.. Why Indonesia should pay for that? Indonesia has much more important matters to deal with than this affair, which has been already concluded. Perhaps Australia can save their life's by agree life sentence hard labor, and pay Indonesia for all what it takes in that framework. But not yet red that. "Love' has to come from 2 sides. So, Australia, what are you going to do, more than just talk?

Posted by Kurt on March 4, 2015 21:18

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i said it achieves they dont smuggle anymore

Posted by FS on March 5, 2015 04:09

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Kurt,

I'm still waiting for the answer, what will you do with real capital criminals, if already drug dealers deserve the death?

Really interests me.

I can follow the argument that the offender knew what they were doing and now have to bear the consequences.

But I can also understand that many reasonable people are now asking for mercy.

But kill anyone who brings suffer to other?

Or only kill drug dealers, but murderers and rapist not?

And do not forget, not everyone is a victim of drugs and a dying teenager, many live very well with their dependence, it is part of their life style.

Posted by Georg The Viking on March 5, 2015 09:53


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