ICJR Urges the General Attorney to Stop the Second Batch of Death Penalty Execution

Institute for Criminal Justice Reform (ICJR) is currently preparing Judicial Review petition against Supreme Court Circular Letter (SEMA) No. 7 of 2014 on Case Review Petition on Criminal Cases to the Supreme Court

President of Indonesia, Joko Widodo, has decided to refuse the clemency pleas submitted by death row convicts of drugs-related offence. In following up this decision, a Presidential Decree has been issued to declare the refusal in granting clemency to 20 death row convicts (15 convicts for drug-related offence and 5 convicts for premeditated murder). On January 18, 2015, six death row convicts were executed. On February 2015, the General Attorney has proposed to organize the second batch of execution for the rest of death row convicts.

ICJR is in fully concern of the execution plan and consistently urged the General Attorney to perform moratorium of death penalties execution, while waiting for the Case Review (Peninjauan Kembali) application is initiated as part of the right of the death row convicts. Additionally, there is also the necessity to consider the current legislation process in drafting the Criminal Code, which proposes for systematically limiting the death penalties and replacing it as an alternative option.

Moreover, ICJR also reminded the Supreme Court for not preclude the initiative taken by death row convicts to protects their rights by submitting Case Review application and not to refuse the registration of such application in the district court. ICRJ perceived that the Supreme Court Circular Letter (SEMA) No. 7 of 2014 on Case Review Petition on Criminal Cases to the Supreme Court, does not have legal power as the limitation under the regulation is in contradiction with Criminal Procedural Code (KUHAP) and Constitutional Court Decision No. 34/PUU-XI/2013 on Article 268 (3) of Criminal Procedural Code. At present, ICJR is currently preparing a Judicial Review petition against the Supreme Court circular letter, to determine the consistence of the Supreme Court in responding the Constitutional Court decision, as well as to redefine the procedure for submitting and processing case review application in Indonesia. ICJR recommended for Supreme Court to issue regulation to provide further detail on Novum or “New Evidence” as the main element to submit case review petition.

ICJR also requested the Judicial Commission to immediately re-examining all final and binding decision of death row inmates. ICJR concerns that there were violation on fair trial principle in 135 death penalties decision. Up until now, ICJR has examined 43 of death penalties decision, and found that the lack of assessment on evidence at the district courts is potentially contributed to the wrong prosecution by the public prosecutor and fallacy consideration by the court in several cases.

ICJR is opposing the practice of death sentence as the prohibition to limit seven types of human rights is protected by the Article 28 I (1) of the 1945 Constitution. These rights, including right to life and right to preserve dignity, cannot be derogated nor degraded. ICJR is also referring to the recommendations on civil and political rights prepared by the Human Rights Committee in 2013 to Indonesia, in which the committee calls for related authority Indonesia to perform moratorium of death penalties execution. The committee also recorded that Indonesia enforce death penalties to drug-related offences, which is not categorized as “most serious crimes”. Should Indonesia refuses to implement such moratorium, the committee urges the government to evaluate the existing laws and regulation, and hence the death penalty is not imposed for drug-related offences.

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