The death penalty for distributing pornographic videos seems a little bit harsh. Let's face it, a self-confessed pedophile claiming the religious protections of Islam was sentenced to a mere four years in the slammer for sexually violating a 12-year-old girl. On the balance of things, Ariel's case should have been tossed eons ago as he really should not be seeing any more time on the inside than he has already seen in waiting for this trial to get underway.
At best Ariel is guilty of being naive and maybe even a little stupid that he could make a couple of sex tapes that would never see the light of day. In this day and age of instant communication and advanced technology, it was only a simple matter of losing his laptop or having it stolen and the anonymity of these sex-capades was gone.
As it turns out, he lost possession of his laptop and the rest is history, as they say.
To be honest, this really is not the best test case for establishing how well the provisions of the 2008 Anti-Pornography Law work. It is difficult to see how the prosecution will be able to successfully establish the elements of the crime. It just does not seem likely that the prosecution will make out the actus reus or the mens rea of the criminal indictment.
Yet, the prosecutors have opted to pursue this case for reasons that remain unclear. But, now that they have, there is a course of action that must be completed. Hopefully, it does not result in a conviction and then even more embarrassment for Indonesia and the public prosecutors as the case wends its way through the appeal courts.
More exciting than the legal arguments doing the rounds in the court room are the divergent and extreme opinions present outside of the Bandung District Court. Most interesting was the call by the Islamic Reformist Movement (Garis) who is calling for the death penalty to be imposed on Ariel.
Unfortunately, or is that fortunately, for Garis the death penalty is not an option in this case. This is not a Sharia Law court and Ariel is not being tried for adultery. In any event, Ariel would be unlikely to be stone to death for his sexual liaison with Cut Tari. Although, in Sharia Law conducive circumstances, Cut Tari might fall victim to such an antiquated and barbaric form of punishment. This assumes of course that the prosecutors could established when the sex tapes were made and / or where they were made.
I would add that there is nothing reformist about calling for the death penalty in this case.
The base reality here is that this case has become bigger than it needed to be as a result of the self-righteousness of some of the police and prosecutors involved being pushed forward by others, including the white-robed thug brigade (aka FPI), to pursue this. Any self-respecting law enforcement agency would have done the "likely to convict" assessment on this case and determined that the likelihood of a conviction was remote and then decided it is better not to pursue it at all.
It is time to call it quits on this one. Let the man go. He has suffered much more on the public humiliation front than any subsequent jail term will exact. And, he will still have to explain to his child / children (whatever the case might be in the future) what daddy got up to in his younger years. I would love to be a fly on the wall for that conversation (although, if I had a choice, I think I would rather be the fly on the wall in the Tiger Woods household when he has a similar conversation with his kids).
I wonder if Miyabi (aka Maria Ozawa) makes it to Indonesia whether she will swing by Bandung and catch up with Ariel. After all, she would get tongues wagging and there remains a remote chance that an Ariel and Miyabi tape could find its way into the public domain.
Release Ariel! Release Ariel Now!
Musings about the law, politics, culture, people, education, teaching and life. An independent voice and an independent perspective - Carpe Diem!
Showing posts with label Death Penalty. Show all posts
Showing posts with label Death Penalty. Show all posts
29 November 2010
17 October 2010
Serial Killers Marrying Drug Dealers....
I am not sure that this is an only in Indonesia scenario, but this particular story is out of Indonesia. Yet, no matter, as the very idea is worthy of a blog post.
It appears that Verry Idham Henyahsyah, aka Ryan, who came to fame as a gay serial killer sentenced to death for the murder of 11 people, is not set to get married to a woman. It is all a little weird but, then again, not so weird. It is not unheard of gay men to marry women for myriad of different reasons. I think this is a little weird because Ryan was sentenced to death for his crimes and is awaiting execution in Kesambi Prison in Cirebon.
The weirdness for me is a personal one. I have never really understood why women meet, fall in love and ultimately want to (or do) marry men on death row. I guess I just need to read a little more widely, I am sure the literature is out there somewhere.
Ryan argues that marrying the recently released drug dealer, Eny Wijaya, fits his personal philosophy that marriages is the process of regenerating life. Maybe I need to read more widely on the nature and nurture debate as it relates to serial killers; are they born or bred?
The other reason Ryan feels it necessary for him as an openly gay man to marry a woman is that it would makes his mother happy. It seems Ryan's mum really wants him to get married.
Normally, people would want to wish you a long, happy, and fruitful marriage together, but I wonder what is the "right" thing to say to a fellow that is sitting on death row with respect to marriage? Let's face it, he might not know the exact date of his death, but Ryan does know that the final walk to the firing squad is going to happen, and it is going to happen sooner rather than later.
Ho hum...
It appears that Verry Idham Henyahsyah, aka Ryan, who came to fame as a gay serial killer sentenced to death for the murder of 11 people, is not set to get married to a woman. It is all a little weird but, then again, not so weird. It is not unheard of gay men to marry women for myriad of different reasons. I think this is a little weird because Ryan was sentenced to death for his crimes and is awaiting execution in Kesambi Prison in Cirebon.
The weirdness for me is a personal one. I have never really understood why women meet, fall in love and ultimately want to (or do) marry men on death row. I guess I just need to read a little more widely, I am sure the literature is out there somewhere.
Ryan argues that marrying the recently released drug dealer, Eny Wijaya, fits his personal philosophy that marriages is the process of regenerating life. Maybe I need to read more widely on the nature and nurture debate as it relates to serial killers; are they born or bred?
The other reason Ryan feels it necessary for him as an openly gay man to marry a woman is that it would makes his mother happy. It seems Ryan's mum really wants him to get married.
Normally, people would want to wish you a long, happy, and fruitful marriage together, but I wonder what is the "right" thing to say to a fellow that is sitting on death row with respect to marriage? Let's face it, he might not know the exact date of his death, but Ryan does know that the final walk to the firing squad is going to happen, and it is going to happen sooner rather than later.
Ho hum...
24 August 2010
Commuting the Sentences of Bali Bombers...
There has been a suggestion by Indonesian prison authorities that two of the Bali Bombers should have their life sentences commuted to 20 years in prison on the basis of their good behaviour since being incarcerated. The pair, Abdul Ghoni and Sawad are unrepentant about their actions and suggest that they believe the three Bali Bombers that have been executed will be forgiven by God, if indeed their actions were wrong. There is no remorse for the killing of 202 people.
These men have not shown that they deserve to have their sentences commuted. The idea that these fellows should ever breathe air as free men again is likely to be objectionable to any one who lost family or friends in the 2002 bombings of the Sari Club and Paddy's.
However, if the Indonesian authorities see fit to commute these sentences from life to 20 years then it only seems reasonable that the authorities also see fit to commute the death sentences of Scott Rush, Myuran Sukumaran, and Andrew Chan to at the very least life in prison. Considering, the drugs these individuals were carrying were destined for Australia and were not likely to be killing any Indonesians then it makes sense that their death penalties be commuted to 20 years or so. The others should all have their respective sentences commuted or amended in similar ways.
If Ghoni or Sawad have their sentences commuted, then there is no justifiable reason that the Indonesian authorities and government could make to keep Schapelle Corby in jail for her full sentence.
It is about time that the legal reform movement also took stock of their successes to date, and mapped out a more encouraging road forward. This road must include work on sentencing and remission reform. This is not a case of "if the system ain't broke", but rather a case of the system being irreparably damaged and needing a complete reconfiguration. A simple botox job to remove the wrinkles is no longer a good enough response.
These men have not shown that they deserve to have their sentences commuted. The idea that these fellows should ever breathe air as free men again is likely to be objectionable to any one who lost family or friends in the 2002 bombings of the Sari Club and Paddy's.
However, if the Indonesian authorities see fit to commute these sentences from life to 20 years then it only seems reasonable that the authorities also see fit to commute the death sentences of Scott Rush, Myuran Sukumaran, and Andrew Chan to at the very least life in prison. Considering, the drugs these individuals were carrying were destined for Australia and were not likely to be killing any Indonesians then it makes sense that their death penalties be commuted to 20 years or so. The others should all have their respective sentences commuted or amended in similar ways.
If Ghoni or Sawad have their sentences commuted, then there is no justifiable reason that the Indonesian authorities and government could make to keep Schapelle Corby in jail for her full sentence.
It is about time that the legal reform movement also took stock of their successes to date, and mapped out a more encouraging road forward. This road must include work on sentencing and remission reform. This is not a case of "if the system ain't broke", but rather a case of the system being irreparably damaged and needing a complete reconfiguration. A simple botox job to remove the wrinkles is no longer a good enough response.
03 May 2009
Interpol, Drug Trafficking Networks, and the Bali Nine
The Bali Nine case has taken an interesting turn. However, this turn, no matter how interesting, is not going to impact on the sentences already handed down on the Bali Nine. The alleged drug trafficking network, which has seen Interpol team up with the Australian Federal Police (AFP) and the United States Drug Enforcement Agency to investigate the drug trade in Surabaya as this is the supposed entry point for heroin and other illicit drugs.
This is interesting because the AFP should have known about this considering they claimed to have broken a major drug trafficking ring at the time they gave up the Bali Nine to the Indonesian Police.
The cooperation will obviously include the Indonesian Police and more specifically the narcotics division. It seems though that this is a new development as it is being discussed as a recent discovery.
Strangely enough with the number of local drug busts and the increasing size of these busts it is hardly surprising that there is now a belief that major cartels and international drug organizations operate in an through the Republic of Indonesia. I guess the death penalty is not the deterrent that some claim it to be.
This is interesting because the AFP should have known about this considering they claimed to have broken a major drug trafficking ring at the time they gave up the Bali Nine to the Indonesian Police.
The cooperation will obviously include the Indonesian Police and more specifically the narcotics division. It seems though that this is a new development as it is being discussed as a recent discovery.
Strangely enough with the number of local drug busts and the increasing size of these busts it is hardly surprising that there is now a belief that major cartels and international drug organizations operate in an through the Republic of Indonesia. I guess the death penalty is not the deterrent that some claim it to be.
15 March 2009
Bali Nine, Death Penalty, Appeals, and the Supreme Court

In a turn of events which is likely to see a call for the death penalty process to be sped up against Andrew Chan, Myuran Sukumaran, and Scott Rush, the three members of the Bali Nine sentenced to death and biding their time in Kerobokan prison, the Supreme Court has prepared a document that clearly puts the timing of appeals and ultimate executions squarely in the hands of prosecutors.
This is interesting timing for a number of reasons, none more so than this is an election year, and this is clearly an emotionally charged issue, with divergent views on the death penalty in general. However, in this case there is the added factor that the current president has adopted a hard line approach to drugs and those that deal in them. Therefore, to say the prospects of a reprieve for these three has taken a dive would be an understatement.
I am anti-death penalty and would hope that the president would exercise compassion once all other legal avenues have been exhausted and only a presidential act of clemency remains. I would hope that the sentence would be commuted to life in prison. The reality is that Australians, and all others as well, must realize that the trafficking of drugs in Indonesia exposes you to the death penalty. This is not Australian where you might do a 7 - 10 year stretch in jail for the equivalent crime.
You do the crime, then you deserve to do the time. I just think that in this case, and despite the seriousness of the crime, the death penalty is too severe a punishment. People will undoubtedly disagree with me on this, and you are free to do so, I believe in second chances in circumstances such as these, particularly in Rush's case where he has confessed to his role and expressed remorse at his actions. In this case, rehabilitation is a very real possibility. Here is a young kid who could conceivably still make very long and positive contributions to his community.
Unfortunately, the signs are looking bad for these three as the process in drafting the document and the discussion of it has seen them mentioned specifically as individuals that the new provisions are most likely to affect. Ultimately, these three are to become pawns in the Indonesian - Australian bilateral relationship and presidential politics.
Simple message - Drugs and Indonesia do not mix (particularly through airports).
09 November 2008
Bali Bombers -- It's Done!

I am not going to write a long essay here on my opinions on the death penalty or the pros and cons of such.
I am not going to make any statements about martyrdom.
The three have been executed (picture from here).
I hope this brings closure and finality for the victims and their families.
04 November 2008
The Death Penalty in Indonesia

The family of Imam Samudra are intending to lodge a complaint in the event that he is executed. The complaint will be based on a claim that he has been murdered. There are interesting legal arguments relating to state sanctioned murder.
My personal view is that it is murder, it is a willful killing authorized by the state, and it is wrong. I am not arguing that Indonesia does not have the right to use the death penalty. The argument is a loser as international law permits a death penalty state to continue to use the death penalty. I am arguing on moral grounds that the death penalty is wrong. I am arguing that two wrongs will never make a right. Simply, an eye for an eye makes the whole world blind. I am arguing it is not a deterrent to crime.
Yet, with all those things said, it is unlikely that any claim submitted by Luluk Jamaludin (stroking his goatee in the photo), the younger brother of Imam Samudra, will have legal legs. The Constitutional Court has ruled that the death penalty is a valid form of punishment that does not breach any right to life protections provided for in the 1945 Constitution of the Republic of Indonesia. Furthermore, the Constitutional Court has also ruled that execution by firing squad is not cruel and unusual punishment.
I just do not see a claim making any headway in a system that seems to be aligned in favor of state sanctioned killings.
02 November 2008
Travel Warning
The imminent execution of the murderous trio of Amrozi, Mukhlas, and Samudra has prompted the Australia government to issue a travel warning (People's Daily Online and Inquirer.net) asking Australians to reconsider their travel plans to Indonesia. And, if Australians insist on traveling to Indonesia, then they should avoid all locations that are likely to be targets of attack.
The idea that there will be a backlash (Gulf News) is dependent on so many things, particularly whether the extremists that the travel warning refers to, have the capability of carrying out an attack. It is wise to never underestimate your enemy, but there has not been a terrorist attack in Indonesia for a number of years.
This suggests one of two things; the terrorists are being patient or their capabilities of organizing and carrying out an attack have been severely compromised by law enforcements efforts in rounding them up and prosecuting them.
It is highly likely that there might be demonstrations over the executions and there will undoubtedly be large turnouts at the funerals of the three, and perhaps there may even be skirmishes at these events.
However, the best advice I have to offer is to have some self-awareness regarding the places you are in and where possible avoid putting yourself in harms way. So, if you think a likely target is a pub or a club, then do not go there. If you think it is a shopping mall then do not go there.
The idea that there will be a backlash (Gulf News) is dependent on so many things, particularly whether the extremists that the travel warning refers to, have the capability of carrying out an attack. It is wise to never underestimate your enemy, but there has not been a terrorist attack in Indonesia for a number of years.
This suggests one of two things; the terrorists are being patient or their capabilities of organizing and carrying out an attack have been severely compromised by law enforcements efforts in rounding them up and prosecuting them.
It is highly likely that there might be demonstrations over the executions and there will undoubtedly be large turnouts at the funerals of the three, and perhaps there may even be skirmishes at these events.
However, the best advice I have to offer is to have some self-awareness regarding the places you are in and where possible avoid putting yourself in harms way. So, if you think a likely target is a pub or a club, then do not go there. If you think it is a shopping mall then do not go there.
01 November 2008
Bali Bombers -- The Clock is Ticking?
Word on the street is that the 72 hour notification that is required to be given to a condemned person prior to their execution was given on Friday at 21.00.
Tick tock, tick tock, tick tock.
I should add that, seeing is believing!
I am sure that most people will not believe that this whole tragic and sad saga is over until these three are executed and buried. Even then there will probably be those that believe some conspiracy has taken place and they have been whisked off to some faraway locale.
Tick tock, tick tock, tick tock.
I should add that, seeing is believing!
I am sure that most people will not believe that this whole tragic and sad saga is over until these three are executed and buried. Even then there will probably be those that believe some conspiracy has taken place and they have been whisked off to some faraway locale.
A Jihadi Cemetery

The imminent execution of the murderous trio of Amrozi, Samudra, and Mukhlas has seen a mad scramble to see who can organize a fitting tribute to their Jihadist struggle. A fitting tribute for my mind would be an unmarked grave in the middle of nowhere. However, it seems that Cecep Hermawan wants to create a special Jihadi Cemetery in Cianjur West Java so that the "holy warriors" can be buried and remembered for the heroes that they were.
Hermawan's idea is that the Jihadi Cemetery can become a place where all Jihadists who lay down their lives in the pursuit of the cause, in this case the implementation of Sharia Law and the introduction of an Islamic State, can be buried in one place. Hermawan is so confident that pilgrims will come to his Jihadi Cemetery that he is donating one hectare of land for the project.
Hermawan has already approached the three killers about their interest in such a plan. The three seem to feel that it is a good idea. However, the families of the condemned killers, particularly the families of Amrozi and Mukhlas, are a little bit hesitant as the distance from their homes to the cemetery is considerable.
It is almost comical in a sense the competition that is being generated with regards to signing up the families of the soon to be dead killers to a burial spot. Achmad Cholid, one of the Muslim Defense Team lawyers, has suggested that there are as many as five offers on the table. The word is that the families are waiting official notification of when the executions are going to take place before they decide which offer to take.
They might not have to wait too much longer to make that decision. Most news agencies are on stand by and many are of the opinion that the 72 hour notification has already been given and the clock is ticking. For me, I am not sure that the authorities could keep the lid on the notification. The families and the lawyers would be sure to make the notification public hence the idea that the authorities could not keep a lid on this thing.
Shrine or no shrine, Jihadi cemetery or no Jihadi cemetery, there is not long now for these men who will soon no longer be drawing breath on this earth.
28 October 2008
Increased Security -- Jakarta
The government is not taking any chances with the ever-approaching and now seemingly inevitable executions of the murderous trio known collectively as the Bali Bombers, with security being ramped up in the capital and other places where there are "vital" installations.
The country's Chief Detective, Susnoduaji, has said that "National police issued an order for all regional police across Indonesia to boost security in vital installations to anticipate possible sabotage or terror attacks." The installations getting the benefit of a ramped up security presence are those that contribute most to the economy, such as power plants and fuel depots.
It is probably better to be safe than sorry in light of the fact that the three Bali Bombers sitting on death row have consistently said that there are others read and able to avenge their executions. However, the reality seems to be that terrorists in Indonesia maintain very little of the infrastructure and resource that they once had. Nevertheless, it does not take a lot to do a lot of damage.
It seems the wait is almost over.
The country's Chief Detective, Susnoduaji, has said that "National police issued an order for all regional police across Indonesia to boost security in vital installations to anticipate possible sabotage or terror attacks." The installations getting the benefit of a ramped up security presence are those that contribute most to the economy, such as power plants and fuel depots.
It is probably better to be safe than sorry in light of the fact that the three Bali Bombers sitting on death row have consistently said that there are others read and able to avenge their executions. However, the reality seems to be that terrorists in Indonesia maintain very little of the infrastructure and resource that they once had. Nevertheless, it does not take a lot to do a lot of damage.
It seems the wait is almost over.
26 October 2008
Early November
It seems that there are a lot of things happening in November. The US is about to elect its next president and the murderous trio of Amrozi, Samudra, and Mukhlas are to be executed.
A spokesperson for the Attorney General's Office made the announcement on Friday that a date in early November is the most likely time for the three to be executed.
A spokesperson for the Attorney General's Office made the announcement on Friday that a date in early November is the most likely time for the three to be executed.
22 October 2008
Why Wait for Friday?

It seems that the legal team of the three are going to take this thing to the ICJ. I am not entirely convinced that they can as the ICJ is generally a State against State deal.
Achmad Michdan of the legal team has said they are going to send a letter to the "International Court". I am guessing that this is the International Court of Justice (ICJ).
My guess is based on a Kompas Newspaper report (in Indonesian). However, a letter would seem to be wasted on the ICJ. It would make more sense to send a letter to a UN organ that dealt with human rights, such as the Human Rights Council.
It seems that the legal teams complaint is that the Constitutional Court of Indonesia does not take into account that the prescribed method of execution in Islam is beheading. I need to find out some more information on this.
I will check it out later in the morning and add a postscript if, and when, I find out something.
Thanks to Calupict for pointing me in this direction.
21 October 2008
Appeal Denied -- What's Next?

Therefore, the firing squad does not constitute a method of execution that is either cruel or unusual or, for that matter, inhuman. The Constitutional Court seems to concede that pain might be involved but that the pain is not enough to warrant any Court intervention in this matter. It is worth noting that even if the Court had found the firing squad to be cruel and unusual, these three would not have benefited as Constitutional Court decisions apply going forward and not retrospectively.
This means that there appears to be no further reasons for the delay of the executions. It is expected that the Attorney General, Hendarman Supandji, will announce the date and time of the executions on Friday. Executions are not normally announced prior to the execution taking place. I guess interest in the case is such that the government feels a pre-announcement is warranted.
Next update on Friday (unless there is something worth noting beforehand).
20 October 2008
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.
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.
15 October 2008
Too Fat To Be Executed?
This is not necessarily a story I have been following closely, but it is a story that has some interesting legal implications. I have written about this particular case here.
Richard Cooey is a convicted rapist and murderer. These are charges that he has not denied. He was convicted of raping and murdering two young women in 1986. However, as he was waiting on death row in Ohio he also gained a considerable amount of weight. I guess sitting around 23 hours a day doing nothing much in one's cell could lead to a weight problem. Perhaps prisons need to work out how to give death row inmates more time for physical exercise. He weighed in at an impressive 125kgs.
Cooey had claimed that his obesity would mean that a lethal injection was tantamount to cruel and unusual punishment and as such prohibited by the provisions of the US Constitution. The other claim that Cooey's lawyers were arguing was that Cooey was taking a medication that would adversely impact on the effectiveness of the lethal injection drugs and cause him to suffer unnecessarily.
The appeal to the Supreme Court was denied by Justice Stevens. Justice Stevens is one of the more liberal justices of the current Supreme Court.
Simply, executing overweight or obese people is no less constitutional than executing death row inmates living within the "healthy" range, at least, as it relates to weight.
Richard Cooey is a convicted rapist and murderer. These are charges that he has not denied. He was convicted of raping and murdering two young women in 1986. However, as he was waiting on death row in Ohio he also gained a considerable amount of weight. I guess sitting around 23 hours a day doing nothing much in one's cell could lead to a weight problem. Perhaps prisons need to work out how to give death row inmates more time for physical exercise. He weighed in at an impressive 125kgs.
Cooey had claimed that his obesity would mean that a lethal injection was tantamount to cruel and unusual punishment and as such prohibited by the provisions of the US Constitution. The other claim that Cooey's lawyers were arguing was that Cooey was taking a medication that would adversely impact on the effectiveness of the lethal injection drugs and cause him to suffer unnecessarily.
The appeal to the Supreme Court was denied by Justice Stevens. Justice Stevens is one of the more liberal justices of the current Supreme Court.
Simply, executing overweight or obese people is no less constitutional than executing death row inmates living within the "healthy" range, at least, as it relates to weight.
13 October 2008
Executions in Indonesia
Executions in Indonesia are governed by the provisions of Law No. 2/PNPS/1964 on the Procedures for Carrying Out an Execution. Among other things this Law regulates the number of shooters to be in the firing squad and the distance the shooters can be from the condemned person. This is a team of 14 and more than five meters but less than ten meters, respectively.
The shots are to be fired at the heart and some members of the team will fire live rounds while others will fire blanks. This might sound like it lessens the burden of the shooters as they supposedly do not know whether they fired a live round or a blank.
However, I am reliably informed by a couple of former SAS soldiers that any soldier worth his salt can tell the difference between a live round and a blank. My guess is that the police officers of the Mobile Brigade that are tasked with this duty will also be able to tell the difference between a live round and a blank. The law does not stipulate how many rounds are to be live and how many are to be blank.
The Law also states that if the initial volley does not extinguish the condemned person's life then a single pistol shot to the temple is to finish the job. I would have figured if the firing squad were any good at their jobs then 5 or 6 shots to the heart would probably be a pretty instantaneous death as far as I can tell.
There will be an executioner. It seems the executioner's job is to lower the sword that signifies the shots are to be fired. I am guessing there will probably be witnesses on the scene, maybe a spiritual advisor, and a doctor to declare a time of death.
I cannot imagine what it must be like to be counting the days, hours, and minutes to your execution.
The shots are to be fired at the heart and some members of the team will fire live rounds while others will fire blanks. This might sound like it lessens the burden of the shooters as they supposedly do not know whether they fired a live round or a blank.
However, I am reliably informed by a couple of former SAS soldiers that any soldier worth his salt can tell the difference between a live round and a blank. My guess is that the police officers of the Mobile Brigade that are tasked with this duty will also be able to tell the difference between a live round and a blank. The law does not stipulate how many rounds are to be live and how many are to be blank.
The Law also states that if the initial volley does not extinguish the condemned person's life then a single pistol shot to the temple is to finish the job. I would have figured if the firing squad were any good at their jobs then 5 or 6 shots to the heart would probably be a pretty instantaneous death as far as I can tell.
There will be an executioner. It seems the executioner's job is to lower the sword that signifies the shots are to be fired. I am guessing there will probably be witnesses on the scene, maybe a spiritual advisor, and a doctor to declare a time of death.
I cannot imagine what it must be like to be counting the days, hours, and minutes to your execution.
Bali Bombers -- Is It Time?

The latest information out of the Attorney General's Office is that the execution is likely to happen within two weeks. There has been some suggestion that there is to be a "big" announcement on Friday of next week.
The bombings for which the three have been tried and convicted for carrying out happened a touch over six years ago. I remember them well as it is also the day of my wedding reception. My wife and I were married on 11 October 2002 and we had our reception the following day. We finally arrived back at our hotel after midnight and turned on the news. It made for an interesting day of mixed emotions.
My parents had been in Bali just two days before the bombings and if I had not been getting married probably would have still been there. They probably would not have been in Paddy's or the Sari Club. But, I did have friends that were.
Jasman Pandjaitan, spokesman for the Attorney General's Office, has said that there are no longer any technicalities that might see further delays in the execution. This includes any decisions from the Constitutional Court. Even if the Constitutional Court was to decide that the firing squad was cruel and inhumane, then this decision would not apply to the Bali Bombers. The Constitutional Court rulings have traditional applied from the date of the decision going forward and have not to date been applied retrospectively.
Furthermore, it would be surprising if the location, date, and time of the execution was announced prior to the execution. Any announcement of the location would likely see large crowds gather of those for and against the executions. There will undoubtedly be an announcement after the executions take place and probably even the obligatory photos and video of the coffins being loaded into hearses.
It will be interesting to see if the executions result in any violence. All three have said that their executions will see swift retribution handed out to those who participate and have facilitated the executions.
It would seem that the countdown to execution has started.
May God have mercy on your murderous souls!
06 October 2008
Bali Bombers -- Execution Postponed?

The reason is "technicality" or more specifically delays in the paperwork and the prospect of more appeals and the finalization of the previous last ditch effort to claim that the firing squad was an inhumane form of execution.
These constant delays and constant reminders and the continued lack of remorse must be very frustrating for the families of those who lost loved ones and who are looking forward to the day that these murderers suffer the fate that they have been sentenced to. I can only try to imagine what this frustration and constant reminder must be like.
I guess there is always hope for the families that the government will keep its word and execute them in the near future.
On a slightly different note, Abu Bakar Ba'asyir, the alleged spiritual leader of Jemaah Islamiyah, was refused entry to the Batu Prison on Nusakambangan. Unfortunately for Ba'asyir he did not have the necessary paperwork to visit prisoners on death row and the guards told him to go away and come back when he was properly documented. The proper paperwork is the necessary stamps from the relevant offices of the Department of Law and Human Rights.
This did not make much of an impression on Ba'asyir or the members of the Ba'asyir entourage. However, there appears to be no such restrictions with regards to visiting regular inmates. So, he made the trip to Nusakambangan and visited those convicted of terrorism offences but not on death row.
02 October 2008
No Remorse rather Defiance

To the contrary, the trio is proud of the horror that they perpetrated as this is what the infidels deserve. Samudra went as far as to say he would never apologise to the infidel.
In a move that they think will scare the Indonesian government into postponing the executions indefinitely, the three have guaranteed that retribution will be swift and furious if they are ever executed.
My personal opinion is that they have gotten a little carried away with their own celebrity and are overplaying their hand a little bit. The fact that these three convicted mass murderers have not been executed should be a source of embarrassment for the government of Indonesia.
Amrozi is not only not remorseful but confident that if he ever had the chance to do the same again he would without hesitation. The chances of jail ever rehabilitating him and preparing him for re-integration to the community is somewhere between zero and a snowflake's chance in hell.
The other claim these wanna be warriors of Allah are making is that any one involved in the execution will be forever condemned by God. Interesting that God does not condemn three men who ripped away the lives of so many in the name of their religion.
If this thought of eternal condemnation spooks the firing squad, I am sure there will be a line of people willing to take the shots themselves, and with no real care whether the three die quickly or slowly and in considerable pain. For many the pain of their losses on 12 October 2002 is still raw.
These men still believe that there was honour in their actions. I am yet to hear any justification that makes sense that these are the actions of honourable men. More to the point, all the talk now seems to be about avoiding the execution that they have been sentenced to. Where is the bravery now? I would have thought that the sooner the execution the better as you will be with God and a martyr to the cause.
These men are cowards of the highest order they are prepared to send innocents to their deaths but they are not prepared to die in the name of the cause themselves. It is strange that they think themselves to be so special, the chosen ones.
Even more interesting is that the three do not think that they will be executed this year! I wonder do they know something that the rest of us do not know. After all it was the Minister of Law and Human Rights that said that these three would be executed immediately after Eid ul-Fitr. It is time for the Indonesian Government to ante up and do what is required by law to be done.
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