An open letter to
Indonesia’s President Joko Widodo
With the Indonesian Advocate
General M Prasetyo announcing on Christmas Eve 2015 in Jakarta that more
executions of death row convicts is slated for 2016 (http://m.thejakartapost.com/news/2015/12/23/more-drug-convicts-be-executed-next-year.html)
blood curdling, bone chilling anxiety has gripped the families and near ones of
the death row convicts worldwide, for among the death row convicts in
Indonesia’s Kerobokan Prison in Bali there are many foreigners. Obviously they
cannot look forward to the New Year. Observers often criticise that Kangaroo
justice is meted out in Indonesia’s courts for drug offenders. Aspersions cast
on corruption in the Indonesian Judiciary have not been cleared. News reports
have emerged that terrosts incarcerated in the Kerobaken and Nusa Kambangan prisons
are not only receiving visitors but the terrorists are preaching sermons.
Corrupt police officers too are incarcerated
in Kerobaken. Meting death penalty to state officers would not just bespeak of
human rights violations but genocide too.
It is now opportune to question
the wisdom of executions. 2015 saw the execution of more than a dozen (mostly
foreign) death row convicts – 14 to be precise – after lifting the moratorium
on death penalty in Indonesia. In the second round of executions on 29th
April 2015 the Republic of Indonesia executed two reformed prisoners who might
well have been engaged in vanquishing the narcotic trade in the SE Asian
archipelago if they were not executed. Another mentally unsound person –
suffering from Schizophrenia was executed in a clear case of mens rea. The
bitterness triggered by the executions cannot possibly mollify the families of
the drug addicts and traders. Nor are they being reformed by the State.
Worse, the executioners
themselves are drug addicts as this video depicts, chillingly (https://www.youtube.com/watch?v=oZqEzIEWzPk).
The futility of death penalty in
drug offences is borne out by the lack of solution to the narcotics menace in
the months after the reformed prisoners – Myuran Sukumaran and Andrew Chan among
eight others were gunned down in vicious spree of colonial vendetta. The amount
of drugs seized in Indonesia in 2015 has increased by 14%. Following this
vindictive killing in April 2015 martyred Myuran Sukumaran and Andrew Chan have
become the very face of the campaign against death penalty. Their ring leaders
were never found nor arrested, not even by the Australian Federal Police, whose
intelligence sharing was the trigger for arresting two Australians of Asian descent.
AGO Prestyo had told a newspaper
back in February 2015 “The law in Indonesia is clear, it allows death
sentences. Once it becomes inkracht (permanent law), [sic], well, we
must execute it. It needs time [to take effect]. Drug syndicates will always
find new ways to sell their products, because there's a big demand for them. In
Southeast Asia, the demand for narcotics is biggest - 43 percent - in Indonesia.
So long as the legislation is in place, we will carry them out.” Given that the
AGO himself admits that the drug mafia will find new ways to trade in drugs,
will it mean that the AGO’s pronunciations will increase the killing spree ad
infinitum?
Even if there was an Ivy League
legal luminary holding the office of Advocate General instead of the present
political incumbent, the onus of reforming the law lies in the legislature and
needs political will Mr. President. The courts can only uphold the legal
recourse.
“He is basically saying that as
long as it is the law, his job will be to carry out the law. He fails to see
that not all laws are 'carried' out. Lots of countries still have the Death Penalty
on their books but they don't implement it- many are wiping it off the books as
it makes them look better in the eyes of the world. All Indonesians, Saudi and
the USA etc do, by carrying out the Death Penalty is show how backward,
ignorant and vicious they are. A big sign that screams ' psychopath'” says Jo
Bond an anti-death penalty activist in Sydney Australia talking to this writer.
Death penalty has never served the cause of deterrence historically.
“The Executions in 2015 have been
totally useless at reducing drugs in Indonesia” says Steve Rowley in
Swadlincote in the United Kingdom.
Mr. President Widodo, you had claimed
that nearly 18000 Indonesians die miserably and in appalling state of neglect
because of drug addiction to justify the executions. It bespoke not only the
state of challenge of medical interventions in the sprawling archipelago of
17408 islands, but also of turning a blind eye to corruption.
Worse, the amount of drugs
(heroin, methamphetamines, cocaine, marijuana etc) seized in Indonesian airports
in the few months after the executions shows that the executions were only an
alibi for blood thirst and neither drug menace nor the illegal trade has
stopped after the executions.
According to Press reports, drug
lords transferred to the Nusa Kambangan prison (notorious for executions of
condemned prisoners) houses ring leaders who continue to supply drugs to
prisoners which points fingers at corruption in the guard system.
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·
Trends in drug seizures and offences, narcotics crime has not decreased Laurens Dami | on 4:37 PM August 19, 2015
Serang, Banten. A soldier suspected of dealing drugs has evaded capture by the
police after an hours-long standoff during which he threatened to detonate a
grenade. The dog day afternoon began much earlier, at 3 a.m. on Tuesday, when
anti-narcotics officers in Serang, Banten province, assisted by six soldiers,
tracked down the suspected dealer at his boarding house in the city. However,
they made no attempt to try to break in and arrest him, after he claimed to
have a grenade and threatened to detonate it if they tried to capture him.
·
By: Jakarta Globe | on 10:40 AM August 27, 2015 Jakarta. Police in Indonesia have
arrested four Chinese nationals and seized 94 kilograms of methamphetamine and
more than 100,000 ecstasy pills in the latest incident highlighting that the death
penalty for drug offenses is having little deterrent effect.
·
By : Jakarta Globe | on 4:20 PM September 09, 2015 In May, a police officer in East Java
was charged with trafficking 13 kilograms of crystal methamphetamine. Also in
May, two prison guards were arrested in separate cases for trafficking crystal
meth. In June, another prison guard from Central Jakarta’s Cipinang
Penitentiary, was dismissed for allegedly aiding in the trafficking of crystal
meth by Freddy, the drug kingpin, who was held at the prison awaiting his
execution. Freddy was subsequently moved to Nusakambangan Prison Island, where
he is reportedly still running his trafficking ring.
·
06:20 AM September 10, 2015 Jakarta Police: Drug Cases Up 14 Percent So
Far This Year ...
"We confiscated a total 803 drugs this year, especially crystal
methamphetamine.... Jakarta Police: Drug Cases Up 14 Percent So Far This Year
·
BeritaSatu English | on 4:25 PM September 15, 2015 Category : Multimedia,
Indonesia Highlights, National News, BeritaSatu English, TV Authorities Bust
Meth Smuggling Attempt in Lampung Bandar Lampung Customs and Excise and the National Narcotics
Agency have foiled an attempt to smuggle more than 57 kilograms of
methamphetamine and arrested 15 people.
·
BeritaSatu English | on 4:50 PM October 09, 2015 Category : Multimedia,
Indonesia Highlights, National News, BeritaSatu English, TV Jakarta Police
Destroy Massive Drugs Haul From Raids Police have destroyed Rp 1.2 trillion of narcotics,
including over 670 kilograms of crystal methamphetamine, 637,000 ecstasy pills,
18.5 kilograms of marijuana and 2.5 kilograms of ketamine. All of it was netted
in raids in the capital from July to September.
·
Arnold Sianturi | on 12:33 PM October 18, 2015 Category : News, Crime Medan. Authorities in North Sumatra
have seized 300 kilograms of methamphetamine believed to be destined for
Jakarta and elsewhere in Java, in what marks the biggest recorded haul of the
drug there to date.
·
Priska Sari
Pratiwi | on 5:03 PM October 22, 2015 Category : News, Crime In July, BNN uncovered a drug ring operating out of
Cipinang Penitentiary, seizing 42 kilograms of crystal methamphetamine, known
locally as shabu-shabu, that had a street value of Rp 84 billion ($6.17
million)
“Globally, UNODC estimates that of total of 246 million
people, or 1 out of 20 people between the ages of 15 and 64 years, used an
illicit drug in 2013. That represents an increase of 3 million over the
previous year but, because of the increase in the global population, illicit
drug use has in fact remained stable.” according to the UN Office for Drugs and
Crime: (https://www.unodc.org/documents/wdr2015/World_Drug_Report_2015.pdf).
***************************************************************************
The seizures of drugs at the
various ports and airports of the world’s largest archipelago have only been
increasing; so killing drug lords will not solve the problem; addressing the
roots of the drug menace is not just vital, but urgent and necessary.
Corrupt customs officials are
hand in glove with smugglers the world over. Solutions lie not in
decriminalising laws nor in handing out death penalties (for – like Mahatma
Gandhi said “an eye for an eye will leave the entire world blind”) but in
rooting out the drug menace and other ills that bring bans and legislation.
This is the “art of the possible” in realpolitik… Please commence reforms constructively
Mr. President and you have the whole world’s goodwill and support with you …
Sure there are no easy solutions,
but getting to the root – the factors contributing to the narcotics menace is
the sure fire start.
All drug traffickers as well as
consumers hail from wretched socio economic backgrounds of broken homes,
childhood scars of emotional, verbal and sexual abuse, lack of employment
opportunities, inadequate infrastructure support, instances of school and
college drop outs who all become victims and members of neighbour cliques and
gangs … who for economic survival pursue criminal activities. If they have bona
fide financial security, crime can be eradicated.
One solid and sure fire start to
eradicating the narcotics menace is creating employment opportunities in every
village in every South East Asian country. Allied infrastructure like
agricultural support, educational infrastructure, medical infrastructure, will
be able to spawn agriculture and food security, culture, cuisine, handicrafts –
tourism, economic opportunities, health and educational benefits; thereafter
social order will automatically fall in place. This conforms to ancient and
modern political thought thus any suggestions of political naiveté can and
ought to be summarily dismissed.
Given that Indonesia’s record of
drug smuggling and narcotics trade has not diminished after the uncalled for
killings of 2015, how many people have to be executed to make Indonesia Shangri
La?
If you do want to eradicate all
social evils how would the government of the Republic of Indonesia try to deal
with prostitution then? Similarly
weeding out corruption calls for decreasing and sustaining societies’
consumption patterns… it lessens greed automatically.
If you do wish to punish the
offenders please request the UNO and ICRC to lease land in the French
administered Island of Reunion Islands or Tahiti / French Polynesia and
contribute to construction of a prison there to house all drug offenders and
death row convicts penalised and convicted under national law of Indonesia. Any
other uninhabited Island in the Indonesian archipelago under the aegis of UN –
ICRC will also serve the purpose.
Alternatively, if the much
publicised prison-Island-Indonesian initiative with crocodile and shark
infested moats will be created sure, please go ahead. The wild animals will not
unnecessarily prey on humans on dry land. However please desist from
introducing native South American fresh water species like Piranhas to the Java
Sea. That is eco detrimental and will have very long term negative impact on
both the native fish in the Java Sea and the introduced Fish in the long term. The
seas around Surabaya are teeming with sharks and estuarine crocodiles,
preventing anyone from escaping.
Life terms instead of execution is
a sustainable initiative and you as President of a growth oriented, ‘progressive?’
and largest Islamic country in the world may wish to consider employment of
indigenous people to guard and cook for the death row convicts. By doing so you
might set a precedent for the Islamic world and also will assume the vanguard
of human rights protection. It is a mutually beneficial solution and you will
thus protect the human rights of convicts as well as offer sustainable
employment of indigenous people with possible funding from the UN too.
India’s Cellular Jail in Port
Blair Andamans too was the site of the most heinous atrocities on the political
prisoners during the British Rule. But thanks to Mahatma Gandhi’s vision the
concept of historical vendetta was wiped out of mainstream political thought
and polity in India. It is not possible for humanity to undo historical
mistakes. Today the Cellular Jail is illuminated in the nights and an
enthralling but engaging and sensitive Light and Sound Show offers tribute to
those who perished to give us Freedom from colonialism.
We the undersigned plead with you
the Head of State of the Republic of Indonesia not to nurture historical hatred.
… for firing squads are no more than an ill perceived opportunity for colonial vendetta.
Mr. President you are at the crossroads of destiny … and in a very a historically
distinct and unique position to usher statesman like change in the polity of
Indonesia.
Please undertake the responsibility
of amending the death penalty legislation and replace it with life term
sentences, - if you wish - with crocodiles and Great White sharks infesting the
moats of the prison island as announced by a cabinet minister. It will be a
great start to the New Year and a great way to reform. The New Year gives us
all a fresh chance to get it right.
The United States has succeeded
in preventing terrorist attacks on US soil thanks to better intelligence inputs
and actionable enforcement, not by its War on Terror.
You will be hailed universally as
the Hero who overturned History by abolishing death penalty in Indonesia. In
the process you may wish to consider making the Nusakambangan prison a peace
park … I will be happy to come over and plant a thousand tree saplings in honour
of the legal Watershed. Since we live in the same biome, it is in the natural scheme of things and it will be an honour for me graft new saplings come over to Nusa Kambangan and plant trees, orchids, ferns lotus gardens and the like.
We the undersigned plead with you
to make peace with your country’s history, see reason, abolish death penalty,
and introduce life terms instead. Please also consider converting Nusa
Kambangan into a peace park with orchids and rainforest trees, wildlife
rehabilitation centres etc… enlist the prison there and apply for UNESCO World
Heritage status by unlocking the prison doors.
https://www.change.org/p/president-joko-widodo-of-indonesia-abolition-of-death-penalty-in-indonesia
As a well-wisher of Indonesia I
do hope that the constructive suggestions in this article will be adopted by
the political elite of Indonesia.
Malini Shankar
Malini Shankar is a photojournalist radio broadcaster, author, blogger, documentary filmmaker and activist, based in Bangalore, India.
