142 of 177 Indonesians facing death penalty in Malaysia are drug offenders: Report

The Jakarta Globe reported yesterday that of 177 Indonesians facing the death penalty in Malaysia, 142 of them are for drug-related crimes.

It has long been known that the majority of those sentenced to die in Malaysia are convicted of drug offences. As Harm Reduction International revealed in its ‘The Death Penalty for Drug Offences: Global Overview 2010’, of at least sixty-eight people sentenced to die in 2009, fifty of them were drug offenders.

The story is an eye-opening look at the normally secretive capital punishment policy in Malaysia.

The death penalty for drug offences is a violation of the right to life as enshrined in the International Covenant on Civil and Political Rights.

Jakarta Globe, August 23, 2010:

Jakarta. The President on Monday instructed the Ministry of Foreign Affairs to report accurate data on the number of Indonesians facing the death penalty in Malaysia, before it drafts plans on providing legal aid to the detainees.

President Susilo Bambang Yudhoyono said the ministry must clarify conflicting figures from human rights watchdogs and other concerned groups that “have appeared everywhere, even in online media.”

“The Foreign Ministry, which is currently working to quickly resolve these issues, must report the actual figure [of Indonesians sentenced in Malaysia],” the Indonesian president said.

“[The ministry must report on] what steps we have taken to protect our brothers who have been sentenced according to Malaysia’s regulations, particularly those sentenced to death,” the president added.

Yudhoyono said many government leaders have requested the state to give lighter punishments to foreigners sentenced to death in Indonesia.

“Because of this, it is our duty to do the same for our own citizens. However, we need to respect the existing regulations in their respective countries, just as other countries respect the legal system of our country,” he said.

Mahfud Siddiq, chairman of House Commission I that oversees foreign affairs, said they will request Minister of Foreign Affairs Mary Natalagewa on Tuesday to provide updates on the number of Indonesian detainees in Malaysia, as well as the arrests of Indonesian maritime officers.

Last week, Migrant Care, the Commission for Missing Persons and Victims of Violence (Kontras) and Imparsial said there are 345 Indonesians imprisoned in Malaysia and sentenced to death over drug and homicide charges.

The groups called for immediate government action.

But Manpower and Transmigration Minister Muhaimin Iskandar said on Monday that the number of prisoners on death row has not reached 345.

He said that according to government figures, a total of 177 Indonesian citizens are facing the death penalty charges in Malaysia.

“The majority of them are migrant workers. Some of them only went to Malaysia for a short visit, but then they got involved in drug cases,” Muhaimin said.

“We will try hard. The president has instructed us to work hard. However, we cannot intervene in the legal process of Malaysia,” the minister added.

Widyarka Ryananta, social and cultural information counselor at the Indonesian embassy in Malaysia, confirmed the government’s tally.

“There are 177 Indonesians in Malaysia who are facing the death penalty charges, with 142 linked to drug cases and 35 were [implicated] in murder cases,” Widyarka told The Jakarta Globe.

The embassy official added that not a single Indonesian has been executed in Malaysia so far.

“We have never had a single Indonesian executed here,” Widyarka said. “We have always provided legal assistance to the best of our ability for every Indonesian citizen caught up in legal cases in Malaysia.”

Of the 142 people implicated in drug cases, Muhaimin said, 70 had been sentenced to death and “only three of them are facing execution, while the remainder of the cases are on appeal.”

The issue was brought to light after two Acehnese men, who were sentenced to death by hanging in Malaysia for drug trafficking, sought help from the state.

The Malaysian Supreme Court had rejected the appeals of Indonesians Bustaman bin Bukhari, 37, and Tarmizi bin Yakub, 38, who had no recourse left.

Both detainees, who have spent 15 years behind bars, also wrote to Kontras to ask for help with their situation.

Widyarka said there are 6,845 Indonesians holed up in Malaysian jails, the majority of whom were accused of crimes ranging from immigration violations, murder and drug trafficking.

Widyarka said that, as of 2007, 19 Indonesians sentenced to death had been granted clemency, 13 of whom had been involved in drug smuggling cases.

Following Monday’s cabinet meeting, Marty said he could not immediately provide data on the Indonesian detainees because he still has to coordinate with the Justice Ministry.

“The President has instructed us to establish a joint team from the Foreign Ministry, the Justice Ministry and other institutions to consolidate the information that we have and to push for maximum effort,” Marty said.

“In several cases, we successfully reduced the sentence from the death penalty to a lighter sanction,” he added.

Separately, House Deputy Speaker Priyo Budi Santoso of the Golkar Party said several ministries — including the Ministry of Manpower and Transmigration, Ministry of Foreign Affairs and Ministry of Defense — should be evaluated as soon as possible in order to make sure that they could provide adequate assistance to the prisoners.

“The [ministries] should be evaluated,” Priyo said. “There are 345 Indonesians sentenced to death. We must do something.”

Priyo said the Indonesian government should guarantee the safety of its citizens, no matter where they are in the world.

“Look at the United States. They will do anything for their people,” he said. “Even the highest official will go directly and talk to the concerned countries .”

Priyo said the government should respond quickly to the matter and give it “special attention,” since hundreds of Indonesian lives are at stake.