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

Sunday, April 26, 2015

Death Penalty for Drug Crimes Violates International Law

President Joko Widodo of Indonesia should urgently commute the death sentences of 10 people who face imminent execution for drug trafficking, Human Rights Watch said today. Following the exhaustion of legal appeals on April 24, 2015, Indonesian authorities advised foreign diplomats and the prisoners' family members to convene on the island of Nusa Kambangan, where the executions are slated to occur.

"President Widodo has an important opportunity to signal Indonesia's rejection of the death penalty by sparing the lives of the 10 people facing looming execution," said Phelim Kine, deputy Asia director. "Widodo can demonstrate true leadership by ending capital punishment as unacceptable state brutality."

The 10 prisoners include one Indonesian and nine foreign nationals, from Brazil, Australia, France, Ghana, Nigeria, and the Philippines. The pending executions have provoked a diplomatic firestorm from foreign governments whose nationals are scheduled to face the firing squad. The Brazilian government has expressed concern that its citizen Rodrigo Gularte faces execution despite evidence that he has bipolar disorder and paranoid schizophrenia. In 2000 the United Nations Commission on Human Rights expressed its opposition to imposing the death penalty "on a person suffering from any form of mental disorder." The UN special rapporteur on torture, Juan Mendez, stated in December 2014 that imposing the death penalty on people with mental disabilities violated the prohibition on torture and other cruel, inhuman, and degrading treatment or punishment.

6 other convicted drug traffickers were recently executed in Indonesia. Widodo has sought to justify the death penalty spree on the basis that drug traffickers on death row had "destroyed the future of the nation." In December he told students that the death penalty for convicted drug traffickers was an "important shock therapy" for anyone who violates Indonesia's drug laws.

According to the Attorney General's Office statistics, 136 people were on death row in Indonesia at the end of 2014, of whom 64 have been convicted of drug trafficking, 2 for terrorism, and the rest for murder and robbery. Indonesia ended a 4-year unofficial moratorium on the use of the death penalty on March 15, 2013, when it executed by firing squad Adami Wilson, a 48-year-old Malawian national. An Indonesian court had convicted Wilson in 2004 of smuggling 1 kilogram of heroin into Indonesia.

Human Rights Watch opposes the death penalty in all circumstances because of its inherent cruelty. Indonesia's use of the death penalty is inconsistent with international human rights law, statements of UN human rights experts, and various UN bodies. Human rights law upholds every human being's "inherent right to life" and limits the death penalty to "the most serious crimes," typically crimes resulting in death or serious bodily harm. Indonesia should join with the many countries already committed to the UN General Assembly's December 18, 2007 resolution calling for a moratorium on executions and a move by UN member countries toward abolition of the death penalty.

In a March 2010 report, the UN Office on Drugs and Crime called for an end to the death penalty and specifically urged member countries to prohibit use of the death penalty for drug-related offenses while urging countries to take an overall "human rights-based approach to drug and crime control." The UN Human Rights Committee and the UN special rapporteur on extrajudicial, summary, or arbitrary executions have concluded that the death penalty for drug offenses fails to meet the condition of "most serious crime."

"President Widodo should recognize that the death penalty is not a crime deterrent but an unjustifiable and barbaric punishment," Kine said. "Widodo should promote Indonesia as a rights-respecting democracy by joining the countries that have abolished capital punishment."

Source: Human Rights Watch, April 25, 2015

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