[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 26


IRAN----executions

Prisoners Hanged in the Prison of Minab



7 prisoners with drug-related charges were executed in the courtyard of Minab 
prison.

According to the report of Human Rights Activists News Agency (HRANA), On 
Saturday 24th January, 7 prisoners on drug-related charges in Minab prison were 
executed by hanging.

Hossein Heidarizadeh from Garook village and Khosro Rostami from Meshe village 
were among the executed prisoners who were charged with carrying and storage of 
2 kilogram drugs and were sentenced to death.

These executions have not been announced by the official Iranian Media.

(source: Human Rights Activists News Agency)

**********************

Iranian Chief Rabbi 'Pressured' Into Mohammed Cartoon Ban----Iranian Jewish 
community responds to Rabbi Ahmadinejad's blaming of Charlie Hebdo victims, 
saying authorities behind it.



A week after the Chief Rabbi of Iran sharply blamed the victims of the Charlie 
Hebdo massacre in Paris for causing their deaths by "insulting" Mohammed, the 
founder of Islam, members of the Iranian Jewish community have revealed he made 
the statements "under the pressure of the authorities."

In the rare statement to Iranian media, Rabbi Mashallah Golestan Ahmadinejad 
was quoted as saying those who "violat(e) God's prophets" are liable to the 
death penalty under Jewish law - despite the fact that Judaism in no way 
recognizes Mohammed as a prophet, insulting a prophet does not per sa carry a 
death penalty, and the death penalty can only be issued by the currently 
non-existent Sanhedrin supreme religious court.

But members of the Islamic regime's small Jewish community this week distanced 
themselves from the statements, and clarified that he was likely pressured into 
making them.

At the same time, members of the community said "there's no place for harming 
religion."

The rabbi was quoted as saying France should shut down the satirical magazine, 
claiming "to harm any religion is an offense to God, and violation of God's 
prophets is forbidden."

He added that those who violate this "are subject to 1 of the 4 forms of 
capital punishment - burning, stoning, strangling, and decapitation," according 
to "Jewish customs" which "of course have nothing to do with contemporary 
Zionism."

Rabbi Ahmadinejad replaced Iran's former chief rabbi, Rabbi Yosef Hamadani 
Cohen, after his death last year.

Iran had between 80,000 and 100,000 Jews before the revolution in 1979 but most 
have since fled, mainly to the United States, Israel and Europe; there are now 
only about 8,500, mostly in Tehran but also in Isfahan and Shiraz, major cities 
south of the capital.

Iranian Jews who have left the country have revealed that while Tehran 
outwardly presents a tolerant face regarding its Jewish community, Iranian Jews 
still face forms of persecution - including a functional ban on speaking about 
or supporting Israel, the Islamic Republic's sworn enemy.

They add that the regime often coerces or otherwise pressurizes the country's 
remaining Jews to exhibit their "support" for Tehran's stances, including 
enmity towards Israel.

Last March it was revealed that 8 Iranian Jews between 1994 and 1997 were 
murdered on their way to Israel; more recently, an Iranian Jewish community 
member told AFP that a glass ceiling still exists in Iran for Jews in various 
fields and that murderers convicted of killing Jews receive light sentences.

(source: Israel National News)








QATAR:

Blood money or execution? Parents of murdered US teacher in Qatar choose 
killer's punishment



The family of an American teacher murdered in Qatar has been granted the right 
to choose whether the man who allegedly killed their daughter should be 
executed, AFP has reported.

A Qatari court ruled that the parents of Jennifer Brown, who was murdered in 
November 2012, can decide between execution, compensation - blood money in 
Islamic law - or a pardon for the Kenyan security guard accused of murder.

The death penalty is still legal in Qatar, although an execution has not taken 
place for 12 years.

Jennifer Brown had only been in the country for 2 months before she was 
murdered at her home provided by the school that she worked for.

The man accused of killing her reportedly confessed, although the case has been 
adjourned several times.

If the Pennsylvania-based parents choose to pardon the Kenyan security guard, 
he will likely serve a prison term.

The case has been adjourned until 8 March.

(source: albawaba.com)








PAKISTAN:

Superintendent Adiala Jail refuses to execute death row convict



Superintendent Adiala Prisons Malik Mushtaq has refused to execute the convict 
of famous Wah Cantt murder case despite issuance of black warrant. The District 
and Session Judge Rawalpindi summoned Malik Mushtaq over his refusal to 
implement the court order.

Earlier, D&J Rawalpindi Muhammad Tanvir Akbar while issuing black warrant of 
convict Shoaib Sarwar had ordered Superintendent Malik Mushtaq to execute the 
convict on February 3.

But Malik Mushtaq while refusing the judge's order to execute the convicts 
contended that the federal government had decided to execute the convicts of 
only terrorism incident while Shoaib had been handed down death penalty in a 
simple murder case.

On the other hand, D&J Muhammad Tanvir Akbar while taking notice of the Adiala 
Jail Superintendent refusal to implement the court order summoned him on 
Tuesday.

It is to be mentioned here that Sarwar was convicted in July, 1998 by a 
Rawalpindi district and sessions judge for the murder of Awais Nawaz on January 
21, 1996 in Wah Cantt.

(source: thenewstribe.com)



CHINA:

Death penalty upheld for child trafficker



A court in South China's Guangxi Zhuang Autonomous Region on Monday confirmed 
and upheld the child trafficking conviction and death sentence of a man 
claiming to be Vietnamese.

The region's higher people's court announced that it agreed that Huang Qingheng 
was guilty of orchestrating the exchange of more than 20 infants and children 
for financial gain since 2010 .

The children were either smuggled from Vietnam to be sold in China, mainly in 
Guangdong Province, or pregnant Vietnamese women were sent to China to sell 
their unborn children.

11 of the children have been rescued by Chinese police.

The other 23 members of Huang's gang, who are both Chinese and Vietnamese 
nationals, were given jail terms ranging from 22 months to life imprisonment.

The local police said that Huang's nationality are yet to be verified.

(source: Global Times)








INDONESIA:

ASEAN rep rues Indonesia execution----Indonesia's representative on ASEAN's 
human rights committee says he's now on the back foot in any talks on 
abolishing the death penalty.



Indonesia's representative on ASEAN's human rights commission regrets his 
country has regressed on the death penalty, missing a chance to lead in the 
region.

Rafendi Djamin says Indonesia could be encouraging its neighbours Singapore, 
Thailand, Vietnam and Malaysia towards abolishing capital punishment.

"We have been trying to convince other countries in the region to have a death 
penalty moratorium," he told AAP.

"But now, it's like we're refusing to lead the way."

President Joko Widodo is backing the execution of 64 drug offenders on death 
row, to show he is serious about winning the war on narcotics.

6 people were sent to the firing squad last week, and Australians Andrew Chan 
and Myuran Sukumaran, of the Bali 9 heroin trafficking attempt, could be next.

Under former president Susilo Bambang Yudhoyono, Indonesia had an unofficial 
moratorium on the death penalty that lasted 4 years.

Mr Djamin says Mr Joko's policy is a swift reversal.

"Under SBY, clemency was looked at case by case," he said.

"President Jokowi's statement that he will reject clemency in general for all 
drugs cases does not respect individual rights."

Mr Joko, known better as Jokowi, has defended the executions with National 
Narcotics Board (BNN) research showing up to 50 drug deaths every day in 
Indonesia.

But Mr Djamin says the president ignores other advice.

Many of the 189 people sentenced to death in the past 25 years were drug 
offenders, he said, "so where's the deterrent effect?"

A long-time rights advocate internationally, Mr Djamin says Indonesia has also 
taken too lightly the recall of ambassadors to The Netherlands and Brazil in 
protest of their citizens' executions.

"This was not some random act," he said of the diplomatic retreats.

"The fact that the king of (The Netherlands) makes efforts to save one of his 
citizens and then recalls his ambassador, that's something serious."

The ASEAN Intergovernmental Commission on Human Rights meets next month and Mr 
Djamin holds his position until the end of the year.

His comments follow concerns from former constitutional court judge Jimly 
Asshiddiqie, that Indonesia looks increasingly inconsistent on the death 
penalty.

While it lobbies for its citizens on death row overseas to be pardoned, it's 
again enacting the death penalty on home soil.

Lawyers for Chan and Sukumaran are preparing a final court challenge to their 
death sentences, after Mr Joko denied them clemency.

(source: sbs.com.au)

****************************

Lindsay Sandiford: Death row gran from Yorkshire could be executed by firing 
squad in Indonesia within weeks ---- The 58-year-old, who was found guilty of 
drug trafficking in 2013, has been asked to sign a document that officially 
confirms her death sentence.



A death row gran who was convicted of trafficking cocaine in Indonesia fears 
she may face the firing squad within weeks.

Lindsay Sandiford, 58, is currently behind bars at the infamous Kerobokan 
Prison in Bali but has been asked to sign a court document on Monday that will 
formally confirm her death sentence.

All of her appeals have been denied.

Furthermore, it is reported that she now fears that this could effectively 
fast-track her execution after Indonesia's new president Joko Widodo pledged to 
show no mercy to foreigners convicted of drug crimes.

"We want to send a warning to international drug syndicates that Indonesia 
doesn't want to be a stopping place, market place or even a place for producers 
of narcotics," said the newly elected leader speaking previously.

Indonesia began a wave of executions last Sunday with 5 foreigners, including a 
Dutchman and a Brazilian, killed by firing squad.

Days later, the 2nd of 2 Australians on death row in the same prison as Mrs 
Sandiford had their clemency appeals rejected. Andrew Chan, 31, and Myuran 
Sukumaran, 33, are now expected to be shot dead next month.

The Gazette reports that Mrs Sandiford, originally from Redcar in North 
Yorkshire, was sentenced to death in January 2013 after she was found with the 
cocaine as she arrived in Bali on a flight from Bangkok, Thailand, in May 2012.

The grandmother and mum-of-2 claimed she was forced to transport the drugs to 
protect her children, whose safety was at stake.

She has no legal representation after the British Government refused to fund a 
lawyer for her.

Last year she wrote to Foreign Secretary Philip Hammond asking him to reverse 
his decision not to pay the 38,000 pounds costs of another appeal against her 
sentence.

Fundraisers from across the country raised money to help pay for a solicitor 
for Mrs Sandiford, who lived in Cheltenham before her arrest.

She had criticised the UK Government, but lost an appeal against the policy to 
not provide funding for legal fees in July last year.

(source: The Mirror)

**************************

Indonesia resolute on death policy



Dismissing outcry over the executions of 5 foreign nationals convicted of drug 
crimes, the government remains committed to applying capital punishment to the 
crime of drug trafficking. Foreign Minister Retno LP Marsudi said the 
government demanded that countries respect Indonesia's firm stance against 
narcotics due to the rampant spread of drug abuse in the country.

She said the government had rejected an appeal from Australian Foreign Minister 
Julie Bishop, who has requested clemency for two Australian citizens, Andrew 
Chan and Myuran Sukumaran, both convicted drug traffickers. "I have replied to 
the letter and explained that Indonesian policy was about law enforcement 
against serious drug crimes," Retno said.

Your comments:

While much of the world is headed toward abolition of the death penalty, 
Indonesia appears to be doubling down.

In this particular instance, I feel that Indonesia has the right idea while 
much of the world is in the throes of a "legalize everything" fit of insanity.

There certainly is disparity in who receives the death penalty, so rooting out 
a corrupt judicial system and a double standard is essential.

However, this does not negate the reality that the death penalty not only has a 
100 % prevention rate for recidivism it is the best form of retribution 
(rehabilitation of inmates is a pipe dream) available.

Smurgle

The death penalty hasn't been abolished in the US and what might appear to be 
retroactive to some isn't really of any concern to the Indonesian Supreme 
Court's agenda.

I believe it's a positive step in that the Indonesian legal system can't be 
swayed by trends from abroad. It has its own agenda, like it or not, like an 
oak growing against the elements and unlike a feather that can be blown in any 
direction.

Gamala Himsa

When you look at the death penalty in Indonesia for drugs compared to like 5 
years for murder, it really looks ridiculous. Is drug trafficking worse than 
murder? The penal system in Indonesia seems way off.

Jbl Nor

We must not let international drug rings win.

Cedeer

I am an opponent of the death penalty but what I think should be applied (and 
this includes white collar criminals, in particular corruptors) would be life 
sentences with the chance of a parole and forced manual labor so they can give 
back to society what they stole from them.

IAM Groot

If the state executes someone wrongly convicted there is no chance to ever 
right that wrong. Executing someone might fulfill a primal urge for vengeance, 
but it also legitimizes taking someone's life.

Pesci

There will be some sort of backlash from Australia. Tourism in Bali will take a 
massive hit in the short term and I suspect annual financial aid will certainly 
be affected.

Relations with Malaysia were severely affected for over 10 years when they hung 
Barlow and Chambers back in 1986 and Malaysia is an ally.

Indonesia is not even an ally so it's going to be very interesting.

Tim

I am not in favor of the death penalty for multiple reasons. I would be more 
impressed if Indonesia cracked down on corruption. As it stands, while the harm 
caused by drug smugglers is immense, the Indonesian authorities positively 
encourage and reward corruption, especially among the elites.

However, I would be more impressed if various protesting countries were not 
killing their diseased and disabled, even their children (Belgium) through 
euthanasia. Of course, it is "voluntary" but history shows that voluntary 
quickly becomes involuntary.

So I am not taking the complaints of the likes of the Netherlands too seriously 
and I don't suggest that Indonesia does either. But the legislators could do 
with listening to the wishes and aspirations of the people. You know, just for 
a change. Try something new and see what happens.

Atom

I am happy to read that your justice system won't be "bullied" by countries 
like Australia. While Australian laws do not invoke the death penalty, we, the 
citizens, have never been afforded the opportunity to vote on this issue. 
Technically, our government speaks for all Australians.

However, on the capital punishment issue, Australians of all political 
persuasions are not united.

Many of us are in favor of the death penalty, especially for serious crimes, 
including drug smuggling. Please don't be bothered by childish tantrums and 
saber rattling like recalling ambassadors.

That means nothing to "the man on the street" here. To the average Australian, 
Canberra is basically a blot on the landscape. I know dozens of people who have 
never been to Canberra but have been to Bali.

Neil Ross

(source: Readers Forum, The Jakarta Post)

************************

Death penalty in Indonesia: once again on scene



Indonesia, a country where a warm climate prevails throughout the year, is 
located in the Southeast Pacific and is an attractive location for many 
tourists. With its unique composition made up of thousands of islands, it is 
regarded as the 4th most beautiful country in the world. The Republic of 
Indonesia has an overwhelmingly Muslim population, the largest in the world at 
87%.

Yet together with Japan, Vietnam, China and a few others, Indonesia is 
considered among the countries with the toughest punishment laws. The laws go 
even as far to give the death penalty to crimes of murder, drugs and terrorism, 
and not holding foreigners exempt from this penalty.

...and the year 2015 started with the execution of 6 people.

Just a few days ago, the death sentence for 6 drug convicts was carried out. 
They included five foreigners from different countries, along with an 
Indonesian. Their executions were ultimately carried out despite all 
international efforts and even personal pleas from Brazilian President Dilma 
Rousseff and Dutch Prime Minister Mark Rutte to Indonesian President Jokowi 
Widodo who refused their appeals.

With the goal of preventing drug trafficking in Indonesia, which has become the 
largest drug market in Southeast Asia, Jokowi, newly in his office, stated that 
there would be no clemency for drug dealers on death row. It seems Jokowi acted 
amid fears of appearing not so tough and decisive, after the criticism he 
received during his presidential race. Yet this raises concerns over his 
commitment to human rights, which he promised to defend.

In general, Indonesians are known to be secular people who hold in high esteem 
principles of human rights and democracy. A study by the US-based Pew Research 
Center shows that 61% of Indonesian Muslims are in favour of democracy. This is 
in line with the fact that democracy exists in the essence of Islam and is by 
no means contrary to Islamic teaching.

God advises people not to impose on anyone saying in 1 verse, "You have your 
religion and I have my religion."

According to the Quran, even non-Muslims are treated with the utmost care and 
they are given the right to openly profess and practise their religion. Islam 
prescribes fair treatment of all including one's enemies. Indeed, in Islamic 
history, Wahshi ibn Harb was known for killing a leading Muslim, Hamza ibn Abd 
al-Muttalib - uncle of the Prophet Muhammad - but later repented, became a 
Muslim and passed into history as one of the esteemed companions of Prophet 
Muhammad.

Prophet Muhammad did not deny him the right to repent; he preached Islam to 
him, giving him the opportunity to feel remorse and correct his actions. The 
Quran always advises us to forgive, to teach what is right and not to intervene 
if the other party does not comply. Islam forbids taking one's life, saying 
taking one's life is like taking the life of all mankind. Such a practice takes 
away any opportunity for that person to reform and redeem himself.

The right to life is the most basic and innate right of a human being. It 
exists in the basis of every religion and in universal laws. Indeed, without 
the right to life, all other rights and freedoms are meaningless.

The death penalty is the most terrifying violation of this right, enshrined in 
international agreements and declarations. Those in favour of the death penalty 
maintain that it is the most effective way of deterring serious crimes and 
protecting social order.

However, the state's right to punish does not include putting an end to life. 
Capital punishment is murder; it makes no difference that it is murder at the 
hands of the state. And no matter what their crime may be, sentencing someone 
to death is an unacceptably cruel and primitive. Punishment exists to 
discipline people.

Taking someone's life, even though they have made a wrongful action, eliminates 
any means of correcting and reintegrating him into society. There may still be 
some among those on death row who might benefit from reforming and education. 
We should not forget that human beings are fallible, and everyone deserves the 
opportunity to repent and reform himself.

As for others who make evil-doing a habit, there is always the possibility of 
life imprisonment. It is true that the malevolence and unbounded greed of the 
criminal organisations trafficking in drugs cannot be ignored or understated.

An Indonesian agency showed 40 to 50 people die each day from illegal drug use 
in Indonesia. Yet, in order to disrupt and dismantle such international drug 
organisations, killing their recruits is not the proper method.

To break the power of drug organisations and reduce the threat they pose to 
countries, first proper law enforcement should be put to better effect in 
controlling the drug problem by targeting both foreign and domestic trafficking 
organisations. Secondly, educating society, from the youngest to the eldest, 
without ruling out the criminals should be the priority of the state policy.

In case of Indonesia, educating the public with the true teachings of the Quran 
would be the way to go. The teaching of Islam guides Muslims to act with utmost 
benevolence, with the sole intention of gaining the approval of God.

Therefore, one of the most important characteristics of a Muslim is that he 
forgives, and is compassionate and merciful toward others.

In the Quran, believers are commanded to take care of even the captives, feed 
them and do not ask for any repayment. This is how Muslims find this a means to 
communicate religion to them, and strive for their finding guidance in case 
they would take heed. Yet, taking someone's life through execution eliminates 
any means of educating and preaching.

The government of Indonesia should also not forget this superior moral 
understanding commanded in the Quran during the future trials and awarding of 
punishments. Otherwise, this error will quickly tarnish the democratic image of 
Indonesia, which it has painstakingly built in the last years.

Indonesians should not forget that healthy and peaceful societies cannot be 
built on fear. The warm, loving and compassionate approach of Islam should 
prevail in society. People should be forgiving and caring for each other.

(source: Opinion; Harun Yahya has authored more than 300 books translated in 73 
languages on politics, religion and science----Malaysian Insider)

***********************

A plea to save the lives of Andrew Chan and Myuran Sukumaran



To President Joko Widodo and Attorney General Muhammad Prasetyo,

I write this letter in response to the recent execution of 6 inmates in 
Indonesia, with the hope that it will encourage you to reform drug policy and 
grant clemency to death row inmates convicted on drug charges across the 
nation, so that they may have the chance to re-enter society as reformed and 
rehabilitated persons capable of leading a healthy and productive life. I am 
aware that there are many people who oppose your decision to carry out the 
death penalty including the many governments of various nations, members of the 
presidential cabinet, activists, and human rights groups. However, with this in 
consideration, I would like to offer a different perspective - one that comes 
from my personal experiences with 2 of the individuals currently facing 
execution in Indonesia. In the name of Life I express the sincere hope that 
this letter finds you.

My Testimony

In 2009, at age 17, I was convicted on charges for possession of a schedule I 
narcotic. I was sentenced to 6 months imprisonment - a short period by 
Indonesian standards. The court was clement on account of my age, and I started 
my prison term at the end of 2009 in LP Kerobokan in Bali. Though the system 
should clearly distinguish between adults and minors, I was put with the 
general population of adult prisoners, which included violent offenders 
convicted for rape, murder and terrorism.

It was during my time in the penjara (jail) that I met 2 Australian inmates, 
Andrew Chan and Myuran Sukumaran, who I would find out had received the death 
penalty for attempting to smuggle heroin out of Bali and into Australia. At 
first I avoided contact with most other inmates. One day, however, Andrew and 
Myuran - who goes by Mayu - came to the newcomer block to help me with the 
transfer process so that I could be moved to Block B, where foreign prisoners 
are held. They had heard from other inmates that a 17-year-old had arrived at 
the prison, so they came looking for me to offer their help. I was hesitant at 
first; the 1st thing to learn if you are incarcerated is to avoid being 
indebted to other prisoners. Kerobokan isn't as violent or dangerous as many 
other prisons in the world. Still, I have seen what happens to prisoners who 
can't pay their debts - some are beaten or stabbed, others are raped or 
tortured, sometimes they're killed. I learned afterwards that Andrew and Mayu 
didn't want anything in return; they were simply offering their help because I 
was young and didn't have any contacts inside. Over the next few months I would 
become friends with the 2, eventually sharing a cell with Andrew, without the 2 
of them asking for anything in return but my friendship. To this day - 5 years 
after my release - I continue to visit them.

Any person who has met Andrew and Mayu can attest that they are very generous 
and normal people - in fact it is the 1st comment anybody will make about them. 
On days when I didn't have much to eat, Andrew and Mayu shared their food with 
me. On 1 occasion in the prison yard, for no apparent reason, a prisoner tried 
to start a fight with me. Andrew intervened, declared that there was no problem 
and the issue was resolved peacefully. Andrew didn't respond with aggression; 
in fact he prevented the situation from turning violent. This is how he handles 
situations - calmly and peacefully. I have always been amazed at how the two of 
them carry themselves in the face of execution. In their short lives Andrew and 
Mayu have contemplated their actions more than most people can say of 
themselves.

During the time I was in prison, drugs were easy to find in LP Kerobokan. Many 
prisoners were addicts and were taking drugs daily - others drank arak (a local 
rice liquor). I spent 1/2 of my time in prison sharing a cell with Andrew and 
in that time neither Andrew nor Mayu took drugs or were involved in 
distributing drugs. They didn't even smoke cigarettes.

Andrew leads church services inside the prison, as well as teaches cooking 
classes and English courses to other prisoners. Myuran also teaches English and 
cooking classes. In more recent years, he [Myuran] has established an art 
program, in which he teaches other prisoners how to paint and draw. 
Occasionally the prison showcases the prisoners' art in galleries outside of 
the prison. All the proceeds go into buying new materials for the program.

Andrew once told me in his own words, 'I know what it's like to be a junkie - 
I've been one. But you know, it's no good. So I got clean. As for what I've 
done [his crime], I just thought it would be a quick payday, nothing more, 
nothing less. It was stupid and selfish, and if I could tell my younger self 
not to do it, I would. But I was young and didn't understand. All I can do is 
move forward and try help people'. When I asked him what he would do if he 
would be released, he said he would be a counselor or a pastor and encourage 
other youths not to make the same mistakes he made. Not surprisingly, Mayu gave 
similar answers. Mayu is in his final year of university studying art, and is 
mentored by artist Ben Quilty.

I was released in January of 2010, exactly 5 years ago. A few months before I 
was arrested I was expelled from high school. After my release I went back to 
school and finished with a 98 % grade average, the highest of hundreds of 
students in the class of that year, and I can say with honesty that I would 
never have achieved this had I not met Andrew and Mayu. I have witnessed them 
rehabilitate themselves, and with every passing year they accomplish more and 
grow into more beautiful people. They have influenced me to do the same. They 
have changed the lives of many prisoners through their programs and continue to 
help rehabilitating prisoners by offering education and guidance.

I try to stop responding to people who argue that Andrew and Mayu would have 
destroyed lives if they succeeded in smuggling drugs into Australia. I wonder 
if any of these people have served prison sentences - 10 years is a long time 
to reflect. Andrew and Mayu are different now than they were back then. They 
are changing lives and helping people recover from a life of drugs. A legal 
system should not employ a penalty of retribution. Drug smuggling should be 
illegal, hard drugs are destructive to society and measures must be taken to 
stop the import/export and distribution of drugs. Unfortunately, as many 
well-developed countries have learned in the past, the war on drugs only brings 
further destruction to society and the death penalty does virtually nothing to 
deter people from smuggling narcotics and/or other illegal substances. Many 
nations that are seasoned in the war on drugs have abandoned capital punishment 
and have moved forward with policy reforms. The death penalty has no place in 
the 21st century. A government must protect and respect the sanctity of all 
human life, including those convicted on drug charges. These people have a 
right to live and deserve a 2nd chance. Your constitution protects this right.

Please, Mercy

Xander

(source: Xander, a former inmate of Kerobokan Jail, echo.net.au)

***************************

Death penalty at home is not in Indonesia's best interests overseas



Indonesian President Joko Widodo's decision to refuse clemency to death row 
prisoners in drug cases and the following execution of five foreigners and one 
Indonesian raises once again the nation's use of the death penalty.

Now Australians Myuran Sukumaran and Andrew Chan have had their clemency bids 
denied and they potentially await the same fate, subject to substantive 
judicial review proceedings, along with more than 60 other prisoners, including 
other foreigners.

Is it fair to execute prisoners long after they have been sentenced, especially 
those who show rehabilitation? Is this not cruel and unusual punishment?

The decision also raises questions of justice and Indonesia's best interests 
given the burden Indonesia has with its own citizens facing execution overseas.

The context is clear. The world trend is decisively in favour of the abolition 
of the death penalty. On December 18, 2007, the UN General Assembly passed a 
resolution calling for a moratorium on the death penalty. Interestingly, 
Indonesia abstained. Nearly all of Indonesia's neighbours are abolitionist with 
only Malaysia and Singapore having the death penalty.

Under international law the death penalty can only be imposed for " the most 
serious crime". This expression has come to be interpreted as "for serious, 
violent crime", not drug offences.

Indonesia retains the death penalty despite having the right to life as a 
guarantee in its constitution. In a case bought by Indonesian citizen Edith 
Yunita Sianturi, Bali 9 member Scott Rush and others in 2007, the Indonesian 
Constitutional Court upheld the constitutional validity of the death penalty by 
majority of 6 to 3.

The minority judges were almost scathing in their dissent and held that the 
death penalty was unconstitutional, violating the right to life. The majority 
in a joint judgement upheld the validity of the death penalty and, contrary to 
international law, held that the death penalty for drug offences fell within 
the category of "most serious crime".

However, the majority judgment made certain recommendations which are contrary 
to the justifications given for the President's recent decision.

Significantly, the majority judges accepted that the death penalty did not act 
as a deterrent, certainly no more a deterrent than life or other significant 
imprisonment term. They also made several important recommendations, including 
that the death penalty should not be a primary form of punishment, rather one 
that is "special and alternative". Further, that it should be able to be 
imposed with a prohibition period of 10 years, so that if "the prisoner shows 
good behaviour, it can be amended to a lifelong sentence or imprisonment for 20 
years".

The sentences of the 6 recently executed prisoners were all imposed when the 
death penalty was considered "a primary form of punishment". This is also the 
case for Chan and Sukumaran.

The blanket statement from Jokowi that he will not grant clemency to condemned 
drug offenders is contrary to the recommendations of the Constitutional Court. 
It is also against the clemency applicants' legitimate expectations that he 
would consider the merits of each application, including good behaviour and 
rehabilitation.

The past 5 years have shown the great distress caused in Indonesia by the 
imposition of the death penalty upon its citizens overseas, usually poor 
migrant workers. In 2010, Indonesia had more than 220 citizens facing execution 
overseas, mainly in Saudi Arabia, the Middle East, Malaysia, China and Vietnam. 
Indonesia has more than 1.3 million of its poorest citizens working as migrant 
domestic workers.

A series of controversial beheadings of female migrant workers in Saudi Arabia 
caused widespread public anger among ordinary Indonesians. There was a 
perceptible change of mood in Indonesia about the death penalty and the 
importance of mercy.

It was in response to this mounting problem that Indonesia introduced its de 
facto moratorium on the death penalty to help secure clemency for its own 
citizens on death row overseas. Former president Susilo Bambang Yudhoyono 
granted clemency in some cases, including drug cases.

The combination of the moratorium, mercy and excellent diplomacy worked. Former 
foreign minister Marty Natalegawa was widely reported as saying that the 
moratorium had helped Indonesia secure clemency and the return of many 
citizens.

Yet Indonesia still has more than 90 citizens facing execution overseas. The 
country has a lot more at stake than Australia or any other nation in the 
region.

President Jokowi's clemency stance came very early in his term in response to 
opposition claims that prisons were overcrowded and death row prisoners were 
clogging up cells. The opposition sought to wedge the new President.

Indonesia does have a growing problem with drugs and drug crime, like all 
countries in the region. The problem requires a more sophisticated response 
than the executions of mules and expendable persons. But what is clear is that 
the President's decision is contrary to the Constitutional Court's 
recommendations, international law and the successful efforts that achieved 
clemency for Indonesian citizens overseas.

Then, there is the issue of justice. Is it fair to execute prisoners long after 
they have been sentenced, especially those who show rehabilitation? Is this not 
cruel and unusual punishment? What does it do to Indonesia's excellent 
diplomatic reputation? What effect does it have on police and intelligence 
co-operation at a time of increased need for international engagement? From 
Indonesia's own experience, the government must know executions raise 
fundamental issues and values.

Indonesia could deport long-serving foreigners on condition that they face 
justice in their home countries. After all, in the cases of the two condemned 
Australians, they were apprehended as a result of Australian Federal Police 
advice in respect of drugs intended for Australia not Indonesia.

The shared burden of citizens facing execution overseas throws up a range of 
issues. The careful political response of former president Yudhoyono, which 
helped reduce Indonesia's burden, is now jettisoned. Yes, the death penalty is 
always political. Perhaps that is why in the current political climate, 
Indonesian observers are questioning whether the new President's decision is in 
Indonesia's best interests.

(source: Colin McDonald, QC, is a retired barrister who was the Australian 
senior counsel for Bali Nine members Renae Lawrence and Scott Rush; Brisbane 
Times)








AUSTRALIA:

Opposing the death penalty



One of the defining characteristics of the Australian democracy is its 
opposition to the death penalty.

Australia no longer kills criminals, and it fundamentally disapproves of the 
practice in other countries.

That's not to say that all Australians feel that way. Far from it. Surveys 
often find a substantial proportion of the population is in favour of capital 
punishment for severe crimes.

For Australian politicians, called upon to express themselves strongly about 
the plight of their countrymen on death row in foreign countries, this 
ambivalence might sometimes create a certain amount of reluctance to be too 
vocal.

The case of Andrew Chan and Myuran Sukumaran - 2 of the so-called Bali 9 facing 
execution in Indonesia - is perhaps illustrative of some of the issues.

The case has been working its way through the Indonesian court system for a 
decade, ever since the 9 were arrested while trying to smuggle 8.3 kilograms of 
heroin into Australia.

That's a very large quantity of a very harmful drug that would surely have 
caused considerable harm, and destroyed lives, had the smuggling operation 
succeeded. Many people presumably adopt the view that this was a serious crime, 
that the would-be smugglers knew the risks and that they have deserved no 
special sympathy for their plight.

But now that 2 of the 9 have almost exhausted all the possibilities of appeal 
available in Indonesia, many Australians are calling for some kind of political 
intervention to avert the killings.

Indonesia's new president, Joko Widodo, has explicitly refused clemency.

The fact that Indonesia has just executed another 6 convicted criminals, 
including citizens of Brazil and the Netherlands, suggests it will be difficult 
for Australia to prevent Chan and Sukumaran from suffering the same fate.

Prime Minister Tony Abbott and Foreign Minister Julie Bishop have stated that 
they are working as hard as they can to persuade their Indonesian counterparts 
that there are special circumstances in the case of the Australian prisoners. 
The pair are reported to have reformed, and to have done much to improve 
conditions for other inmates of the Kerobokan jail where they have been 
detained.

It appears possible the condemned men may be able to obtain a judicial review 
of their cases, although it is understood the Indonesian government can, if it 
chooses, execute them in the meantime.

While hope continues to exist, Australia will surely keep pressing for a 
compromise. It should do so not because the men have reformed or because of any 
particular circumstances that relate to the individuals themselves.

Opposition to the death penalty is a matter of principle, and on that basis, 
Australia should always oppose such executions.

(source: Editorial, Newcastle Herald)