News Release Issued by the International Secretariat of Amnesty
International

AI Index: ASA 21/027/2004        5 August 2004

Indonesia: Execution of Indian national is step backwards


The execution of Ayodhya Prasad Chaubey marks a step backwards for human
rights in Indonesia. The 65-year-old Indian national was sentenced to
death for drug-trafficking in 1994. His execution today is the first in
the country in over three years.

"The execution is a violation of the right to life and a serious blow to
the respect for human rights in Indonesia," said Catherine Baber, Asia
Pacific Deputy Director at Amnesty International. "By carrying out this
execution, Indonesia is moving sharply against the global trend towards
abolishing this inherently cruel, inhuman and degrading punishment."

Amnesty International is concerned that Ayodhya Prasad Chaubey's trial
might not have met international fair trial standards. He reportedly did
not have access to lawyers or interpreters during the initial police
investigation and so was denied an opportunity to prepare a defence or to
fully understand the charges against him.

The possibility of error in any justice system means that every execution
carries the risk of killing the innocent.

"We are particularly concerned about the risk that the death penalty may
be applied in error -- especially in a judicial system which is still in
need of reform," said Catherine Baber. "This risk is highlighted by the
allegations of shortcomings in Ayodhya Prasad Chaubey's trial, and by
concerns about corruption within the judiciary expressed by the Special
Rapporteur on the independence of judges and lawyers following his visit
to Indonesia in 2002."

Two Thai nationals convicted of the same crime also face the death
penalty after their appeals for presidential clemency were rejected in
July 2004. Saelow Prasert, a 62-year old man, and Namsong Sirilak, a
32-year-old woman, are among 11 drug-traffickers whose appeals were
rejected in June and July.

While Amnesty International recognizes that governments need to address
the trade and use of illicit drugs, the organization is convinced that
the death penalty will not provide the solution. There is no convincing
evidence that the death penalty acts as a more effective deterrent
against crime than any other form of punishment.

The organization is urging the Indonesian authorities to declare a
moratorium on executions, with a view to abolishing the death penalty.

Background

At least sixty-seven 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.

In recent years, an increasing number of death sentences have been handed
down to those convicted of drug trafficking. Of the eight death sentences
handed down by courts of first instance this year, seven have been for
drug-related offences committed by foreign nationals. In June and July
2004, President Megawati Sukarnoputri rejected clemency for eleven people
convicted of drug-related offences.


All documents on Indonesia ar
http://amnesty-news.c.topica.com/maacwxCaa8YVRbb0havb/


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