OPEN LETTER:
Death Penalty Is Not Solution
We strongly condemn the executions of 6 (six) death row prisoners in Indonesia that took place
on January 18, 2015. All executed prisoners had been convicted of drug trafficking: Marco
Archer Cardoso Moreira (Brazilian); Namaona Denis (Malawian); Daniel Enemuo alias
Diarrassouba Mamadou (Nigerian); Ang Kiem Soei alias Kim Ho alias Ance Tahir alias Tommi
Wijaya (Dutch); Tran Thi Bich Hanh (Vietnamese); and Rani Andriani alias Melisa Aprilia
(Indonesian Citizen).
The implementation of the death penalty was used by the government to show its commitment to
eradicating drug-related crimes. While the actual deterrent effect of executions on those crimes is
yet to be demonstrated, it is clear that the executions were carried out in violation of anonderogable right of every human being, the right to life.
We are highly skeptical that the executions would effectively end of the drug crimes. Instead, the
Indonesian government should take other measures to break the chain of crime and solve the
issues involving organizations operating in complex criminal networks, while protecting the right
to life of all persons as enshrined in national and international Human Rights Law.
It is also regrettable that the executions were carried out despite the recommendations of the UN
Human Rights Committee, which has reviewed Indonesia’s implementation of the International
Covenant on Civil and Political Rights (ICCPR) and concluded, among others, in July 2013:
“(Indonesia)should reinstate the de facto moratorium on the death penalty and
should consider abolishing the death penalty by ratifying the Second Optional
Protocol to the Covenant. Furthermore, it should ensure that, if the death penalty
is maintained, it is only for the most serious crimes. In this regard, the Committee
recommends that the State party review its legislation to ensure that crimes
involving narcotics are not amenable to the death penalty. In this context, the
State party should consider commuting all sentences of death imposed on persons
convicted for drug crimes”(CCPR/C/IDN/CO/1, Para 10)
As a matter of fact, the above recommendation was selected by the Human Rights Committee as
one of the four key recommendations to be implemented within one year and to be reported back
on by the State under the Committee’s follow-up procedure. However, the authorities of
Indonesia have not only failed to fulfill their obligation under the ICCPR to implement the above
recommendation in due time, but also took action contrary to them. The view of the Committee
as expressed in 2013 has been re-iterated by its members during their unofficial follow-up visit
to Indonesia between 13th and 16th January 2015.
The implementation of the death penalty does not reflect the institutional agenda of the Attorney
General Office in accordance with the global human rights agenda.On the contrary, it is a
regressive step of the government of Indonesia in its commitment to uphold human rights. Since
drug trafficking does not meet the threshold of the “most serious crimes” for which the death
penalty can be imposed under international law. Previously, Indonesia took a progressive step
by refraining from executing during 2008-2013. However, unfortunately, it was ended by the
execution of Adami Wilson (Malawian) in March 2013, and continuing the executions until now.
Those on the death row, and those who have been executed, have their right to life guaranteed
under Article 28A of the 1945 Indonesian Constitution and Article 6 of ICCPR, which is
inalienable, it cannot be taken away under any circumstances. The government of Indonesia has
ratified the ICCPR through Law No. 12/2005, thereby recognizing and accepting the obligation
of Indonesia to implement the Covenant including its Article 6, which also sets in its para.6 the
abolition of the death penalty as the goal for those States that still retain the death penalty.The
UN Human Rights Committee has in fact stated in its General Comment no. 6 of 30 April 1982
that Article 6 of the ICCPR “refers generally to abolition in terms which strongly suggest that
abolition is desirable.” The Committee concluded that “all measures of abolition should be
considered as progress in the enjoyment of the right to life.” Furthermore, it is also regrettable
that the executionswere carried out by a member State of the UN Human Rights Council having
the mandate of protecting and promoting human rights worldwide.
Against this backdrop,it is high time for Indonesia, as a leading democratic country in regional
and international communitywith a significantrole and influence, to demonstrate its commitment
in upholding human rights by abolishing the death penalty, or at the very least to impose an
official moratorium on all executions.The death penalty has no place in the world, in a modern
legal system.
Jakarta, January 22, 2015
Amnesty International
Contact
: Papang Hidayat ([email protected])
CONECTAS (Brazil)
Contact
: Laura Wisbacht ([email protected])
INSEC (Nepal)
Contact
: Subodh R.Pyakurel ([email protected]/+977 1 4278 770)
Neglected and Insecure Citizens' Empowerment (Pakistan)
Contact
: Gulnaz Sheikh ([email protected])
Indigenous perspectives (India)
Contact
: Shivani Wangkheirakpam ([email protected])
The Commission for The Disappeared and Victims of Violence (KONTRAS)
Contact
: HarisAzhar ([email protected] / +62 815 1330 2342 )
The Centre for Civil and Political Rights
Contact
: Patrick Mutzenberg ([email protected])
The Aboriginal Rights Coalition Australia
Contact
: Cathy Eatock ([email protected])
Community of Sant’Egidio (Rome, Italy)
Contact
: Leonardo ([email protected]/ +39 34928474288)
World Coalition Against Death Penalty
Contact
: Aurélie Plaçais ([email protected])