URGENT ACTION APPEAL
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24 June 2004
UA 209/04 Death penalty / fear of imminent execution
INDONESIA
Ayodhya Prasad Chaubey (m) aged 57, Indian national
Meirika Franola alias Ola (f), aged 34, Indonesian national
Rani Maharani (f) aged 29, Indonesian national
Dany Maharwan (m) aged 32, Indonesian national
According to Indonesian media reports, Ayodhya Prasad
Chaubey, who was convicted of drug trafficking in Indonesia in
September 1994, may face imminent execution after his request
for a second case review was rejected by the Supreme Court.
On 23 June, a spokesman for the Attorney General's Office said
that they were making preparations for the execution. Ayodhya
Prasad Chaubey has exhausted the appeals process, following the
rejection of his appeal for clemency to President Megawati
Sukarnoputri in February 2003 and most recently, the rejection
of his request to the Supreme Court for a second case review.
According to media reports, the date of the execution will not be
publicly announced and Ayodhya Prasad Chaubey and his family
will only be informed of the date of execution the day before it is
due to take place.
The spokesman for the Attorney General's Office, is also
reported to have said that at least four more people convicted of
drugs charges are now facing imminent execution because their
appeals for clemency have been rejected. These include three
Indonesian nationals who are named in the media as Meirika
Franola, Rani Maharani and Dany Maharwan. They were all
reportedly convicted of drug-trafficking in 2000.
BACKGROUND INFORMATION
At least 66 people are believed to be on death row in Indonesia.
Despite pro-death penalty statements by the government,
particularly for drug trafficking, executions are rare. The last
known execution took place in May 2001, when two men were
executed for murder. Prior to this there had been no executions
for six years. However, in recent years an increasing number of
death sentences have been handed down to those convicted of
drug trafficking, the majority of whom have been foreign
nationals. This year, five foreign nationals have received death
sentences for drug trafficking. The majority of these sentences
have been passed by Tanggerang District Court whose
jurisdiction covers Sukarno-Hatta International airport which
serves the capital city of Jakarta.
The United Nations has consistently made recommendations
regarding the use of the death penalty for drug related crimes. In
December 1996 the UN Special Rapporteur on Extrajudicial,
Summary or Arbitrary Executions concluded that ''the death
penalty should be eliminated for crimes such as economic crimes
and drug-related offences.''
Amnesty International opposes the death penalty in all cases as a
violation of the right to life and the right not to be subjected to
cruel, inhuman or degrading treatment, as proclaimed in the
Universal Declaration of Human Rights. The risk of error in
applying the death penalty is inescapable, yet it is irrevocable.
The Indonesian Human Rights Commission (Komnas HAM) has
expressed concerns with the Indonesian judicial system in
relation to corruption and low professional standards. Komnas
HAM have argued that the administration of the death penalty by
a corrupt judiciary is 'extremely dangerous.' Following a visit to
Indonesia in July 2002, the UN Special Rapporteur on the
independence of judges and lawyers also expressed concerns
regarding corruption within the judiciary.
The death penalty is an inherently unjust and arbitrary
punishment. Studies have shown it is more likely to be imposed
on those who are poorer, less educated and more vulnerable than
the average. Moreover, there is no evidence that the death
penalty helps deter crimes more effectively than other
punishments. The death penalty in Indonesia is applicable to
crimes of murder, desertion or betrayal of the military in times of
war, as well as the production and distribution of illegal drugs.
Executions are by firing squad.
RECOMMENDED ACTION: Please send appeals to arrive
as quickly as possible:
- urging the President to commute the death sentence passed on
Ayodhya Prasad Chaubey, Meirika Franola, Rani Maharani and
Dany Maharwan;
- expressing your unconditional opposition to the death penalty
as a violation of one of the most fundamental of human rights -
the right to life;
- recognizing the Indonesian government's need to address the
trade in and use of illicit drugs, but emphasizing that there is no
proof that the death penalty deters would-be traffickers more
effectively than other punishments, and appealing to the
authorities to find a more humane way of tackling the problem.
APPEALS TO:
President:
President Megawati Sukarnoputri
President RI
Istana Merdeka
Jakarta 10110
Indonesia
Fax: 011 62 21 345 2685/ 526 8726 /345 7782
Salutation: Dear President
Attorney General:
Muhammad Abdul Rachman
Jaksa Agung
Jl. Sultan Hasanuddin No.1
Kebayoran Baru
Jakarta Selantan 12130
Indonesia
Fax: 011 62 21 725 0213
Salutation: Dear Attorney General
COPIES TO:
Chairman, Komnas HAM:
Abdul Hakim Garuda Nusantara
Komisi Nasional Hak Asasi Manusia
Jl Latuharhary No. 4B
Menteng
Jakarta Pusat 10310
Indonesia
Fax: 011 62 21 392 5227
Salutation: Dear Chairman
Ambassador Soemadi Djoko M. Brotodiningrat
Embassy of the Republic of Indonesia
2020 Massachusetts Ave. NW
Washington DC 20036
Fax: 1 202 775 5365
Email: [email protected]
Please send appeals immediately. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time,
weekdays only, if sending appeals after August 5, 2004.
Amnesty International is a worldwide grassroots
movement that promotes and defends human
rights.
This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable). Thank you for your
help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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