Malaysia, Caning, and Beer -- Part IV

It would seem that being sentenced to a good ol' caning, wanting to get caned, and actually being caned are very different things.

It is interesting that the Malaysian Prime Minister, Najib Razak, has entered the fray on this one. He has suggested that the Singaporean and Muslim model, Kartika Sari Dewi Shukarno, not be quite as willing to accept her fate. According to Razak, although he does not want to interfere with the imposition of the sentence or the role of the Sharia Courts, he believes that not all avenues of appeal are yet closed.

The PM is of the opinion that the authorities are "sensitive" to her plight and the implications of the sentence. and therefore she should appeal. I guess there are a number of ways that can be interpreted, and the cynics among us might lean towards the PM interfering in the judicial / justice process. Then again, maybe the cynics would not see it this way.

Shukarno was granted a reprieve as the Sharia Courts and the authorities decided that the holy month of Ramadan was not the opportune time to be caning a young mother of two for drinking beer. Hey, seeing it is Ramadan and a month of forgiveness, how about just vacating the sentence and replace it with a warning that in essence is a slap on the wrist and some choice words about re-offending.

However, I am of the opinion that she wants to get caned. Whether she wants to get caned because it is publicity and any publicity is good publicity, I am not going to speculate. But, she is calling a good bluff on any front by challenging the authorities to get the deed done.

Most people would have appealed the sentence as a matter of course, Shukarno has not. Instead, she has argued that if it is to be done and the authorities are really doing it as a means of educating other Muslims of the ills of alcohol and drinking, then the caning must be done in public. This makes sense to me.

The waiting game continues.

Malaysia, Caning, and Beer -- Part III

Kartika Sari Dewi Shukarno is set to be contained according to her sentence sometime next week. The sentence was six lashes of the cane and a fine of 5000 ringgit. Her crime, being a Muslim and drinking beer in a nightclub in the eastern state of Pahang. I wrote about it here.

Shukarno has asked for the sentence to be carried out as soon as possible. Her request is based on two simple reasons; the sooner the sentence is carried out, the sooner she can get on with the rest of her life, and secondly, she wants others to learn from her mistakes so that they might avoid a similar caning in the future. Her regret is apparently the driving force for the desire for a public caning.

Although, there seems to be a bit of a caveat on the caning in that Shukarno wants it carried out in public rather than in the confines of a closed prison. This would certainly seem the most likely way of ensuring maximum exposure (pun intended). It is worth noting that Shukarno will be the first woman to be caned under Islamic Law. There must be a sellable story in that somewhere, particularly when one considers she lives in Singapore and not Malaysia.

It must also be noted that caning is not unusual as a form of punishment in Malaysia. There are at least forty crimes that attract a good caning. The criminal punishment statistics compiled by Amnesty International state that almost 35,000 people have been caned in Malaysia between 2002 and 2008. The majority of these canings were for immigration offenses. Simply, a few strokes on the buttocks and on your way back to wherever it is that you came from.

Amnesty International has been vocal in its opposition to caning. According to Amnesty International, caning is a cruel and degrading punishment, and as such must not be used as a form of punishment. Besides, cruel, inhuman, and degrading punishments are expressly prohibited under international law. AI has, in fact, asked the Malaysian government to vacate this sentence and to pass legislation that would prohibit the use of caning under any circumstances in Malaysia.

However, Malaysia in its defense of the soon-to-occur caning is that the cane (rattan / rotan) is smaller than the one used for men, the swing is shorter, and the purpose is to educate rather than punish, therefore Shukarno is not likely to endure too much pain when it is all said and done.

The problem, or perhaps issue, for me is that the idea of concurrent courts, General and Islamic, means that there is a two-tiered justice system where punishments depend on your religious beliefs, and therefore will differ from others who commit a similar offense or in this case where they commit no offense at all. It is not illegal for non-Muslims to drink alcohol in Malaysia.

Maybe there will be a video so that we can all get a public viewing of the manner of a Malaysian caning.

Amnesty International Appeal

Amnesty International has launched an appeal to see the lives of Amrozi, Samudra, and Mukhlas spared from the firing squad.

The appeal is attached in full.

AI Index: ASA 21/020/2008 16 October 2008

INDONESIA: Amrozi bin H. Nurhasyim (m), Ali Ghufron alias Mukhlas (m), Imam Samudera (m)

Amrozi bin H. Nurhasyim, Ali Ghufron and Imam Samudera, who were convicted of involvement in the 12 October 2002 bombings on the island of Bali, which killed 202 people and injured a further 209, are facing imminent execution by firing squad within the next week.

In January 2008, police and court officials informed the three men that their renewed demands for a second judicial review had been rejected. The men appealed against this decision, but on 17 July the Indonesian Supreme Court rejected this appeal and announced that they had exhausted their right of appeal, stating only one judicial review is permitted.

The executions were due to take place in September, but were delayed for the holy month of Ramadan. Jasman Simanjuntak, spokesman for the Attorney-General's office, stated on 14 October that the date of execution will be announced on 24 October. However, as executions in Indonesia are usually carried out in the early hours of Friday morning, and the date of execution is never normally announced in advance, Amnesty International fears that the announcement will simply confirm that they have already been executed. Amnesty International is also concerned that the men will be executed despite their outstanding petition to the Constitutional Court, alleging that the method of execution by firing squad amounts to torture.

Amrozi bin H. Nurhasyim, Ali Ghufron and Imam Samudera were sentenced to death by the Denpasar District Court in 2003. The law they were convicted under was brought into force in 2003 and introduced the death penalty for 'terrorist' acts, and allowed for those involved in the 2002 bombings in Bali to be tried retroactively. Under international law (Article 15 of the International Covenant on Civil and Political Rights- ICCPR) and the Indonesian Constitution, a person cannot be tried under legislation brought in after the incident took place.

A pardon from President Susilo Bambang Yudhoyono is extremely unlikely. All three men have stated that they will not apply for Presidential pardon. The President has also previously indicated in a television interview that he will not give clemency and will allow the process to be seen through to the end.

BACKGROUND INFORMATION

Death sentences in Indonesia are carried out by firing squad. The person under sentence of death has the choice of standing or sitting and of using a blindfold or cover for their head. Firing squads consist of 12 people, six of whom are supplied with live ammunition and six whose guns are loaded with blanks. The squad fires from a distance of between five and 10 metres.

To Amnesty International's knowledge, at least 107 people are believed to be under sentence of death in Indonesia. Eleven of these were convicted and sentenced to death in 2007. Indonesia has executed seven people since 26 June 2008.

In 2006, Indonesia ratified the ICCPR, which states that "every human being has the inherent right to life." However, the Indonesian authorities did not authorize ratification of the Second Optional Protocol to the ICCPR, aimed at the abolition of the death penalty.

RECOMMENDED ACTION:

Please send appeals to arrive as quickly as possible, in Bahasa Indonesian, English or your own language:

- calling for the death sentences of Amrozi bin H. Nurhasyim, Ali Ghufron alias Mukhlas and Imam Samudera to be commuted;
- expressing concern that the Law on Combating Criminal Acts of Terrorism, under which these men were sentenced to death, was applied retrospectively to include all those involved in the Bali bombings, violating international law and the Indonesian Constitution;
- calling on the Indonesian authorities to commute all death sentences in Indonesia;
- recognizing that Indonesia has a right and responsibility to address serious crime, and expressing sympathy for its victims, but pointing out that there is no clear evidence that the death penalty is an effective deterrent;
- calling on the authorities to sign and ratify the Second Optional Protocol to the ICCPR and establish a moratorium on executions, as a first step towards the abolition of the death penalty as advocated in the UN General Assembly Resolution of 18 December 2007.

APPEALS TO:

Please remember Indonesia is 6 hours ahead of GMT, and fax machines may be switched off outside of office hours.

President
President Susilo Bambang Yudhoyono, President RI, Istana Merdeka, Jakarta Pusat 10110, Indonesia
Fax: + 62 21 345 2685
+ 62 21 526 8726

Salutation: Dear President

Attorney General
Mr. Hendarman Supandji, Jaksa Agung, J. Sultan Hasanuddin No. 1, Kebayoran Baru, Jakarta, Indonesia
Fax: + 62 21 725 0213

Salutation: Dear Attorney General

COPIES TO:

Governor of Bali
Governor Dewa Made Beratha
Jl. Basuki Rahmat Renon Denpasar 80361, Bali, Indonesia
Fax: +62 361 236 037

Salutation: Dear Governor

and to diplomatic representatives of Indonesia accredited to your country.

I am against the death penalty.

State Sanctioned Killing

Indonesia will execute two Nigerians later tonight. Although this is more likely to be in the wee hours of Friday morning as executions normally take place around 2am for some reason. This must be a reminder to all those contemplating smuggling drugs; it simply is not worth your life!

Maybe the Attorney General, Hendarman Supandji, has decided to execute a few people in the hope of taking the heat off of himself and an ongoing corruption scandal which is more than likely see him removed as the revelations of involvement keep moving on up the food chain at the Office of the Attorney General.

However, the reasons aside for the first executions of drug traffickers since 2004, it must not be forgotten that these two individuals smuggled drugs, were caught, tried and convicted in a court of law, and will soon pay the ultimate price for their stupidity.

The National Police Chief, General Sutanto, has also gone on the record to say that the executions should act as a deterrent. Nevertheless, they won't there is no sustainable evidence to suggest that the risk of death is a deterrent to the smuggling of drugs. Some people are just so desperate that no matter what the risk is they will still try and smuggle drugs.

Hansen Anthony Nwaolisa was caught trafficking 600g heroin in 43 capsules from Pakistan in January 2001. Samuel Iwachekawu Okoye was caught with 3.8kg of heroin in his luggage after arriving from India in January 2001.

Both men were sentenced to death in mid-2001 and their final appeals for clemency were rejected in July 2004. They are currently in special holding cells at the Nusakambangan Prison in Central Java.

According to Amnesty International, "Experts in international law, including the top UN officials, have confirmed that applying the death penalty for drug-related offences is a breach of international law".

The latest figures state that there are almost 60 people on death row in Indonesia for drug related offences and of these almost half are foreigners.