Capital punishment: Is moratorium better option?

Jangkhosei Touthang *

October 10, is world no capital punishment day. Capital punishment is a dictum of penal code by which the state taking the life of individual after legal procedure. It is a gravest punishment because it aims of taking life. The word itself had not been welcome by human right activists; attract condemnations at the highest degree.

Though some countries in Western Europe had abolished and scrapped from the statute book, capital punishment, is no let-up in countries like US and Asian countries including Indonesia and India. Indonesia is one best can be given country that did not open door to debate over on death penalty, particularly, case related to drugs.

It is one worst drug hard hit country in the globe and the legislator considered death penalty curb best the menace than any other forms of punishment like imprisonment. President Joko Widodo, also Jokowi affirmed the country’s stance on capital punishment for drug crimes and sternly warned drug convicts not to expect clemency from his office to mark himself the one harshest drug crusading president.

This pronouncement endorsed the end of four years moratorium of his predecessor, fetching condemnation from the abolitionist world in the crudest possible manner. Indonesia has the worst kinds of drug crimes and penalty.

Amnesty International in its 2015 reports, 40% of death row convict in Indonesia till Dec.2015 were drugs related crime. Considering the statistical figure, Mr. Jokowi obdurately rejected all clemency requests of death-row drug convicts; without any sign of compunction, executed and shows the world his faith on the justice delivery mechanism of Indonesia judiciary system, synergizing his tough stance against drug trafficking.

Jokowi resolute stance on drugs emergency even at the point of terminating political diplomacy with neighbouring nations, Australia on Bali Nine case for instance, is joined by nation like China, Japan, Malaysia, Singapore India, Pakistan and some other Asian countries. He order the shoot-to-kill if drug peddler resist arrest in the worst case.

Eighteen people so far had been sent to judicial execution after lifting moratorium since he hold the office 2014. Amnesty international called this gross violation of international law against “right to life”, and the ministry spoke person Armanatha Nasir rebutted “…as all about implementation of the country’s law…”

Indonesia deliberation on drug trafficking a death deserving crime, is not without substantial. It got the backups of many forums that incites the president and his team resolution. The country had a history of destruction by drugs, huge loss of life and economic downturn during Suharto’s three-decade ruled (1967-89). National Narcotic Agency of Indonesia or Badan Narkotic Nasional (BNN) justified drug trafficking death deserving crime for its extraordinary criminality contextually to the state.

Secondly, Indonesia has a very good reason to use capital punishment to drug crimes as UN Convention Against Illicit Traffics in Narcotic Drugs and Psychotropic Substance acknowledged drug trafficking a serious problem and left it to the discretion of the state. The Indonesia Criminal Code Revision Team suggests capital punishment last recourse to protect the society in good intention but not necessarily as rule of law. This would be the third reason. Fourth, Indonesia Human Right Law left drug crime to the discretion of the court.

Fifth, Narcotic Law of Indonesia strictly mentioned, referring to its ramification, no sentence other than capital punishment is effective to curb the menace of drugs trafficking. The problem is also transnational. Sixth, the philosophy of Indonesia punishment is social integration, capital punishment is the integrator. Jokowi’s philosophy of death penalty is the fair trail, trustee of justice judiciary, the country drugs policy, the challenges through state’s and international onuses etc. justified the decision.

Jokowi is looking social problem of drugs more than the problem of capital punishment itself. He hears the screams of drug victims and family louder than death penalty. Narcotic is not the only element that could land someone to firing squad, there are certain variable too, which were not mention all today. The severity of the punishment lies in the status quo of the state.

Execution: Mr. Jokowi’s crusades favours firing squad, inherited from Netherland in colonial era. Execution usually take place by night outside the Nusakambagan prison Island, Cilacap Central Java. The executioners are marksman of physical and mentally healthy. The prisoner may be given religious counselling and moved to an isolation cells 72 hours before the real time of executions.

The only right the convict had before the execution is to keel or sit with their feet tied blindfolded, marked by 12 marksmen with only three personnel with live bullet loaded, triggered in close range that the real executors’ identity are concealed and also lessen the guilty feels of the marksmen because the nozzle which the live bullet projected remain uncertain. After designated medical personnel verification pronounced dead, the body would be handed over to the family waiting exterior of the penitentiary.

With all execution policies, Jokowi, is not without humanity, had the willingness to resuscitate moratorium; agreed to re-evaluation of his no-regret decision only if he got the public support and corroborations. Because, Indonesia like countries, a debate on death penalty institution would fascinate public attention, is least possible and less likely to happen soon in the near future, since both the government and the religious institutions are highly in favour of the practice.

It needs the highest validation from the people for the kind of such- punishment to work out into reality. The country invites world’s attention once again differently from erstwhile (condemnation) but panegyric if pragmatic. The leadership willingness of moratorium touches the heart of Amnesty International to ready its encomium to accolade the leadership’s decision.

The decision also left the common man with conundrum of, “does Jokowi see his philosophy defeating or does he valued human life above all sorts of faults? If it is for the later, he deserved one more honors. The decision how it unfolds and take its own course can be watched high volt anticipation.