Mega rejects Thai drug dealers' clemency appeals

Abdul Khalik and Apriadi Gunawan, Jakarta/Medan

Two Thai nationals convicted for drug trafficking have had their appeals for clemency rejected by President Megawati Soekarnoputri after a legal struggle of almost 10 years, as was the case with the Indian national executed on Thursday.

The rejection of the appeals filed by Saelow Praset, 53, and Namsong Sirilak, 31, follows Friday's execution of Ayodhya Prasadh Chaubey, 67.

Chaubey was arrested days after the Thais in February 1994 in the North Sumatra capital of Medan; all three were all charged with smuggling 12.19 kilograms of heroin into the country.

Head of Medan Prosecutors' Office Faried Herianto said on Friday that he had already received the President's decision, which was dated July 9, and would coordinate with other authorities to determine the date of their execution.

Hadiningtyas of the Medan Legal Aid Office representing Praset and Sirilak, said she would request that the Supreme Court to review their sentences, "as the evidence (against them) was never been presented in court".

Meanwhile, rights activists continued on Thursday to criticize capital punishment.

Former Jakarta Legal Aid Office head Luhut M. Pangaribuan said, "There is no empirical data that supports the argument that a country that applies the death sentence can lower their crime rate compared to those that don't apply the sentence."

Luhut cited a recent study by legal professor JE Sahetapy in several states in the U.S., which found that states applying the death sentence tended to have higher crime rates compared with those that did not apply capital punishment.

He concluded that capital punishment and crime rate were unrelated, and added that the maximum sentence for a convicted criminal should be life imprisonment.

Hendardi expressed suspicions that Megawati's rejection of the Thais' appeals was "a political commodity" ahead of the September runoff.

Former director of the National Narcotics Agency Comr. Gen. Togar Sianipar, however, said the execution of the convicts would show that Indonesia, which has over 60 inmates waiting many years on death row, "actually executes people sentenced to death".

He argued that Thailand, which executes a convict virtually every day, was sending a strong message to drug dealers.

"The haven of drug criminals has moved from Thailand to the Philippines. If other countries such as Thailand, Malaysia, Singapore and other Indochina countries are tough on criminals, then they will move to Indonesia, which is seen as an easy target," said Togar.

Three Indonesians and seven foreigners convicted for drug- related offenses are also awaiting the President's response to their appeal for clemency.

Executed convicts

No. Convicts Court Year

1. Hoesin Umar Bafari Surabaya 1978

2. Henky Tupanwael Jakarta 1980

3. Kusni Kasdut Surabaya 1980

4. Liong Wie Tong Karawang 1987

5. Tan Tiang Tjoen Karawang 1987

6. Adi Saputra Surabaya 1993

7. Chan Ting Tong Tangerang 1994

8. Karta Tjahyadi Solo 1995

9. Katjong Laranu Palu 1995

10. Gerson Pandie Kupang 2001

11. Federik Soru Kupang 2001

12. Ayodha P. Chaubey Medan 2004

Convicts on death row

No. Convicts case verdict year

1. Tugiman bin Sikin murder 1992

2. Koh Kim Chea robbery 1992

3. Suryadi murder 1992

4. Surya Darma treason 1993

5. Yamsong Sirilak drugs 1994

6. Sealow Prasert drugs 1994

7. Dance Soru murder 1994

8. Samuel I. Okoye drugs 2000

9. Hansen A. Nwaolisa drugs 2000

10. Indra B. Tamang drugs 2001

11. Muhammad A. Hafez drugs 2002

12. Namaona Denis drugs 2002

13. Amrozi terror 2003

14. Ali Immran terror 2003

15. Imam Samudra terror 2003