Death row dealers awaiting executions
Multa Fidrus, The Jakarta Post, Tangerang
Since the enforcement of the 1997 narcotics and psychotropic substances law, the Tangerang District Court has made the most of the regulation to mete out capital punishment against drug traffickers, but none of them has actually been executed.
To date, the district court has handed down death sentences against 23 people, six women, five Indonesians and the rest foreigners, who were arrested at the Soekarno Hatta International Airport in Cengkareng, Tangerang, while trying to smuggle illegal drugs in or out of the country.
At least five of the 23 convicts have been granted life sentences by the higher courts.
Since they have the right to file an appeal, many of the cases are still under Supreme Court review, and others are seeking presidential pardons.
"The process we have to undergo before seeing the execution of a death penalty may require at least five years to reach the final say," head of Tangerang District Court, Zaenal Arifin, told The Jakarta Post recently.
Separately, Fachrudin Siregar, chief of the general crime division at the Tangerang prosecutor's office said all of the convicts had the right to seek legal efforts lower the maximum punishment to at least a life term in prison.
"As of now, we are still waiting for the President's decision on the pardon requests filed by three Indonesians," he told the Post.
He was referring to Meirika Franola, Rani Maharani and Dany Maharwan, whose death sentences were upheld by the Supreme Court in 2001. Their second request for a pardon is the last resort as the President rejected their first requests.
President Megawati Soekarnoputri supports the death penalty for drug dealers.
Emergeny Law No. 12/1985 stipulates execution by firing squad with prosecutors as witnesses.
Zaenal said that the prosecutors had actually proposed lenient sentences for the defendants but the judges decided on death, "we judges at this district court consider the death penalty as the most suitable punishment for drug smugglers. The law says so."
He explained that the convicts may file a pardon request to the president more than once.
"Even if they did not request presidential clemency, the judges who handed down the death penalty and the head of the court are obligated to file the request on behalf of the convicted," Zaenal added, referring to the Supreme Court circular No. 1/1986.
To monitor the convicts on death row to make sure that they were still at the penitentiary awaiting execution, the court would establish a team of supervisory judges that will be replaced every six months, Zaenal explained.
.rm150
Drug cases at Tangerang District Court since January 2000
Verdict
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Defendants Nationality Evidence Prosecution Demand Tangerang Court High Court Supreme Court Legal Process -------------------------------------------------------------------------------------------------------------------------------------------
1. Til Bahadur Bahandari Nepalese 1,750 grms heroin 18 yrs Death 17/2/2000 Life 29/5/2000 Life Completed 2. Bir Bahadur Gurung Nepalese Same case 18 yrs Death 17/2/2000 Life 29/5/2000 Life Completed 3. Nar Bahadur Tamang Nepalese Same case 15 yrs Death 25/1/2000 Life 29/5/2000 Life Completed 4. Bala Tamang Nepalese Same case 15 yrs Death 25/1/2000 Life 29/5/2000 Life Completed 5. Thomas Daniel Angolan 1 kg heroin 15 yrs Death 9/6/2000 Death 23/10/2000 15 years 17/5/2001 Completed 6. Deni Setia Maharwan Indonesian 3 kgs heroin Life Death 22/8/2000 Death 17/10/2000 Death 11/4/2001 Case review rejected 7. Meirika Franola Indonesian 3.6 kgs heroin Death Death 22/8/2000 Death 17/10/2000 Death 18/4/2001 Under case review 8. Rani Andriani Indonesian 3.5 kgs cocaine Life Death 22/8/2000 Death 17/10/2000 Death 18/4/2001 Under case review 9. Indra Bahadur Tamang Nepalese 900 grms heroin Life Death 13/8/2000 Death 30/10/2000 Death 28/8/2002 Pardon requested 10. Samuel Iwuchekwu Nigerian 3.8 kgs heroin Life Death 5/7/2001 Death 2/10/2001 Death 28/8/2002 Pardon requested 11. Okwudili Ayotanze Nigerian 1 kg heroin Life Death 13/8/2001 Death 25/10/2001 Death 28/8/2002 Pardon requested 12. Ozias Sibanda Zimbabwean 3 kgs heroin Life Death 10/7/2001 Death 25/10/2001 Death 15/8/2002 Pardon requested 13. Hansen Anthony Nigerian 3.2 kg heroin Life Death 13/8/2001 Death 23/10/2001 Death 15/8/2002 Pardon requested 14. Namaona Denis Malawian 1 kg heroin Life Death 4/9/2001 Death 15/11/2001 Death 13/8/2002 Pardon requested 15. Edith Yunita Sianturi Indonesian 1 kg heroin Life Death 27/12/2002 Death 27/3/2002 Death 13/8/2002 Under case review 16. M. Abdul Hafez Pakistani 995 grms heroin Death Death 28/11/2001 Death 13/2/2002 Death 7/8/2002 Pardon requested 17. Nonthanam M.S Thai 1 kg heroin Life Death 13/3/2002 Death 20/5/2002 Death 2/12/2002 Under case review 18. Merri Utami Indonesian 1.10 kg heroin Death Death 20/5/2002 Death 18/7/2002 Death 27/1/2003 Under case review 19. Obinna Nwajagu Nigerian 400 grams heroin Life Death 22/10/2002 Death 2/1/2003 Death 30/4/2003 Under case review 20. Bunyong Khaosa Ard Thai same case Life Death 22/10/2002 Death 2/1/2003 Death 30/4/2003 Pardon requested 21. Ang Kiem Soei Dutch ecstasy Life Death 13/1/2003 Death 20/5/2003 Death 1/10/2003 22. Michael Titus Igweh Nigerian 5.8 kgs heroin Death Death 23/10/2003 Death 12/1/2004 Appeal process 23. Hillary K. Chimeza Nigerian Same case Death Death 23/10/2003 Death 12/1/2004 Appeal process 24. Adam Wilson Malawian 1 kg heroin On trial --------------------------------------------------------------------------------------------------------------------------------------------------- Source : The Tangerang District Court as of Feb. 5, 2004