Death penalty execution should not be allowed for a convict who is in a condition of long postponement in accordance to contemporary human rights norms according to precedent and experience of human rights committee and or anti torture committee. This practice produces a form of torture (psychological), cruel and inhumane. This could happened due to generally the timeframe between death penalty verdict and execution is quite long. Those who experienced a long process are faced with a huge potential of undergo a high level of stress, depression and psychiatric disorder.
In 2015, in the list of Presidential Decree (Decree) on Clemency there are 11 names of death penalty convict which are included in the waiting list of second phase of death penalty executions, namely: Andrew Chan, (Australian) Narcotic Case. (Decree No. 9/G 2015), Syofial alias Iyen bin Azwar (Indonesian), Premeditated Murder Case (Decree No. 28/G 2014), Mary Jane Fiesta Veloso (Philippine) Narcotic Case (Decree No. 31/G 2014), Myuran Sukumaran as known as Mark (Australian) Narcotic Case (Decree No. 32 G 2014), Harun bin Ajis (Indonesian) Premeditated Murder Case (Decree No. 32/G 2014), Sargawi alias Ali bin Sanusi (Indonesian) Premeditated Murder Case (Decree No. 32/G 2014), Serge Areski Atlaoui (French) Narcotic Case (Decree No. 35/G 2014), Martin Anderson as known as Belo (Citizen of Ghana) Narcotic Case (Decree No. 1/G 2015), Zainal Abidin (Indonesian) Narcotic Case (Decree No. 2/G 2015), Raheem Agbaje Salami (Spanish) Narcotic Case (Decree No. 4/G 2015), Rodrigo Gularte (Brazilian) Narcotic Case (Decree No. 5/G 2015). The majority of them have endured postponement.
A Spanish, Raheem Agbaje Salami for example, he was legally processed and immediately sentenced with Death Penalty. After the decision is final and binding, he submitted a request for pardon in 11 September 2008. An answer to that request for pardon which denies the request is received seven years later. Similar with Serge Atlaoui, a French who was sentenced with Death Penalty in Indonesia related with a case of ecstasy factory, he was arrested by the National Police of Indonesia in 2005 and sentenced by the Tanggerang District Court in 2006 and Banten Court of Appeals in 2007, which sentences Atlaoui to be punished by a lifetime imprisonment. However he was sentenced to Death Penalty in 2007 by the Supreme Court. He endured a postponement of almost 7 years.
In Indonesia this practice is still commonly implemented. Previously in 2004 there were 3 death penalty convicts who were executed, namely: Ayodya Prasad Chaubey (Indian, 65 years old), executed in North Sumatra on 5 August 2004 for Narcotic Case, Saelow Prasad (Indian, 62 years old) for the same case in North Sumatra on 1 October 2004, and Namsong Sirilak (Thai, 32) in North Sumatra on 1 October 2004 for a narcotic case. In 2005, executions were carried out for Astini (50 years old female), the second person was Turmudi bin Kasturi (32 years old male) in Jambi on 13 May 2005. In 2006 Fabianus Tibo, Dominggus da Silva, and Marinus Riwu were executed in Palu, Central Sulawesi.
In 2007 death penalty was carried out for Ayub Bulubili in Central Kalimantan. On 19 July 2008, three death penalty convicts of Premeditated Murder Case (Sumiarsih and Sugeng) were executed in East Java and another one (Tubagus Maulana Yusuf as known as Dukun Usep) was executed in Lebak, Banten. In 2013 which was on 17 May 2013, three death penalty convicts (Suryadi, Jurit, and Ibrahim) in a Premeditated Murder Case were executed in Nusakambangan. Adami Wilson, a death penalty convict who was a citizen of Malawi, was executed in Seribu islands on March 2013. On 8 November 2008, Death Penalty Convict from 2002 Bali Bomb Case (Amrozi, Imam Samudera, and Mukhlas) were executed in Nusakambangan Island.
The majority of them endured more than 8 years of postponement, and must waited long enough since District Court Decision, denial of pardon request, and execution of death penalty. Death Penalty Convicts in Surabaya, Sumiarsih and Sugeng, even had to wait around 20 years since the District Court decided to sentence them with a death penalty, until they were finally executed to death. A Death Penalty Convict, Namaona Denis (A Citizen of Malawi) must waited for 14 years since 2001, Marco Moreira (Brazilian) waited for 11 years since 2004, Daniel Enemuo (Nigerian) waited 11 years since 2004, and Rani Andriani, Indonesian originated from Cianjur, was sentenced to death by a District Court in 2000 and recently executed after 15 years later. Only Dukun Usep, who is proven to have killed 8 person who were his clients in 2006-2007, who only served one year of imprisonment before finally was executed in 2008.
In addition to them, there were plenty enough Death Penalty Convicts who waited for years before finally were executed to death.
Institute for Criminal Justice Reform (ICJR) is concerned about the practice and condition of long execution postponement (Death Row Phenomenon) in Indonesia. ICJR recommends this condition should become a consideration for President Jokowi to postpone execution of Death Penalty Convicts. They who have been postponed for too long ought to be diverted its punishment to a lifetime imprisonment without parole, including without remission. This is better for the convicts who have been tortured with long postponement condition. ICJR sees that this policy is actually has been pushed to the government’s version of 2014-2015 Draft Law on Indonesia Criminal Code, in which there is ten years of transition period to divert death penalty to a lifetime imprisonment for Death Penalty Convicts.
Translate by: Adi Condro Bawono
