Capital
Row: Human rights groups say a Supreme Court instruction to reject case reviews
filed by death row inmates is unconstitutional
Jakarta Globe, Hizbul Ridho & Erwin Cristianson, Jan 06, 2015
Tran Hanh Thibich of Vietnam was sentenced to death after being found guilty of drug trafficking in November. (Antara Photo/Andika Betha) |
Jakarta.
Human rights groups in Indonesia have condemned on Monday the issuance of a
Supreme Court letter instructing all judiciaries to reject case reviews filed
by inmates on death row, calling the letter “unconstitutional.”
The letter,
issued by the court last Wednesday, came at the time when the Attorney
General’s Office plans to execute five inmates, identities of whom remained
unknown.
The five
were originally scheduled to be executed by firing squad before the end of 2014
but it was postponed, after some reportedly petitioned to have their cases
reviewed.
According
to media reports, the letter was also issued after Supreme Court Chief Justice Hatta Ali, met with Attorney
General H.M. Prasetyo and Coordinating Minister for Politics, Legal and Security
Affairs Tedjo Edhy Purdijanto last week.
The
Indonesian Human Rights Monitor (Imparsial) said the letter had violated a 2013
Constitutional Court ruling.
The ruling
allows all inmates to file an infinite number of case reviews, provided that
they have new evidence, which can overturn their conviction or make their
sentences more lenient.
“We call on
the Supreme Court to repeal the instruction letter. If followed, then all
judges will make unconstitutional rulings,” Imparsial executive director Poengky Indarti
said.
Hendardi,
chairman of rights group the Setara Institute, called the letter “a tragedy in
our legal system,” saying that it comes at a time when other countries have
moved away from using capital punishment.
“Show me
evidence that the death penalty has been effective in reducing crimes. Most
countries have stopped using [capital punishment] because it has been
ineffective in reducing crimes,” he said.
The death
penalty is the maximum sentence for several crimes like terrorism, drug trafficking,
murder and treason.
“A second
case review can save a person’s life. [The government] is taking this away,” he
said.
Meanwhile
Anggara, chairman of the Institute for Criminal Justice Reform, called the
letter “an intervention to the judges’ independence, which is barred by the
1945 Constitution.”
“If the
Supreme Court does not revoke this letter, the ICJR will take legal steps to
have it revoked,” he said.
However,
Supreme Court Judge Gayus Lumbuun said the letter contained mere
“recommendations” and that it was not a binding regulation or instruction.
President
Joko Widodo has stated that he will not issue clemency to prisoners on death
row, particularly those convicted for drug-related offenses.
Indonesia
resumed the execution of death row inmates in 2013, under President Susilo
Bambang Yudhoyono. Joko’s decision to follow the legacy has been met with
massive outcry from human rights groups.
Meanwhile,
the Corruption Eradication Commission (KPK) agreed that there should be a limit
to how many case reviews an inmate can lodge.
“A case
review should be made just once, so there is a certainty of law and [convicts]
will not file for one unless they’re absolutely sure they can overturn their
convictions,” KPK deputy chairman Bambang Widjojanto said.
Bambang
said providing convicts with unlimited opportunities for case reviews violates
the rights of victims who want to see those found guilty punished accordingly.
Constitutional
law expert Margarito Kamis said the Attorney’s General Office could go forward
with executing those on death row after they failed on their second case
review.
Such moves,
he said, will not violate the 2013 Constitutional Court ruling, which only
states that “case reviews can be lodged more than once.”
“Two case
reviews are enough. If the [court] rejects the review, the prosecutors’ office
can execute them,” he said. “There is no excuse for the government to delay a
ruling from being implemented.”
But several criminal law experts have said case reviews allow those falsely convicted by the court to utilize advancements in forensic science previously not available by the time of their conviction.
But several criminal law experts have said case reviews allow those falsely convicted by the court to utilize advancements in forensic science previously not available by the time of their conviction.
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