Tag Archives: death penalty

Indonesia

Bali Nine executions highlight Jokowi’s weakness

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Despite widespread international opprobrium, Indonesia executed eight prisoners earlier today, including two members of the ‘Bali Nine’ group of Australians convicted for drug offenses, four Nigerian nationals and a Brazilian national. Indonesia Flag

Indonesian president Joko Widodo, known as ‘Jokowi’ throughout the country, was elected on a platform of reform and good government. With today’s executions, and with the executions of Brazilian and Dutch nationals for similar drug offenses earlier this year, Jokowi’s international reputation lies in tatters, just six months into his administration. Mary Jane Veloso, a Filipino woman convicted of similar drug offenses, however, won a last-minute reprieve after conversations between Jokowi and Philippine president Benigno Aquino III. Veloso was allegedly duped into smuggling drugs into Indonesia, and Aquino had argued that she should be granted a stay of execution for the purposes of testifying against the traffickers who sent Veloso to Indonesia with drugs.

It’s a stupendous fall for Jokowi, who swept into office with high hopes domestically and abroad. Though the executions are not especially controversial in Indonesia, where the death penalty for drug-related offenses is popular, its beleaguered president is facing other pressures that have made it virtually impossible for him to grant clemency to the ‘Bali Nine’ and other foreign drug convicts without incurring additional political backlash, most of all from within the party that sponsored his presidential candidacy, the Indonesian Democratic Party of Struggle (PDI-P, Partai Demokrasi Indonesia Perjuangan). Until the executions earlier this year, Indonesia had been under a sort of unofficial moratorium for the prior four years.

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RELATED: It’s official — Jokowi wins Indonesian presidential election

RELATED: Death penalty diplomacy presents challenge to Jokowi

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Notwithstanding the executions, when viewed in tandem with other missteps, Jokowi risks being viewed as a coward at home and a murderer abroad. For now, Jokowi’s decision, at least domestically, is a nationalist moment reaffirming the sovereignty of the world’s fourth-most populous country, but it comes at the risk of painting Indonesia as the number-one target of anti-death penalty activists worldwide.

Though Brazil and The Netherlands recalled their ambassadors from Jakarta after the January executions, the latest round of executions could bring far more destabilizing consequences for Jokowi. Australian prime minister Tony Abbott and foreign minister Julie Bishop have objected strenuously to the Indonesian government’s decision to carry out the executions.

Though ties between Australia and Indonesia are not perfect, the bilaterial relationship is seen by both countries as vital to security and trade interests. Indonesia is the largest recipient of Australian foreign aid, with Australia contributing nearly $650 million in aid to Indonesia in 2013. Cooperation, however, is an important issue with respect to the smuggling of migrants into Indonesia by boat, which peaked (along with deaths at sea) in the mid-2000s.

When Jokowi came to office, he quickly moved to reduce fuel subsidies that had hogged up nearly one-quarter of the Indonesian national budget. By January, his administration had eliminated them entirely, and the world watched with high regard for a president who seemed willing and, even more surprisingly, able to take bold steps that could liberalize Indonesia’s economy. Record-low oil prices, moreover, made early 2015 a perfect time to eliminate those subsidies.

Since then, however, Jokowi’s record has been much less impressive.

Instead of taking on widespread corruption, Jokowi instead seems to have weakened it. His initial appointment of Budi Gunawan to the Anti-Corruption Commission (KPK) was put on hold when it became clear that the KPK was investigating Gunawan for corruption. Though the entity is just a decade old, the KPK has earned considerable respect for impartiality and success. Gunawan’s appointment appeared to make a mockery of the KPK’s work, and it called into severe question Jokowi’s commitment to anti-corruption efforts. Jokowi quietly dropped the nomination, but nevertheless appointed Gunawan as the deputy national police chief earlier this month.

After signing an executive order establishing a broad increase in car allowances for government officials, Jokowi feebly responded to criticism that he hadn’t had time to read every regulation that crosses his desk. He’s now reconsidering that as well.

Most emasculating of all, Jokowi sat at the PDI-P party congress last month while its leader, former president Megawati Sukarnoputri (pictured above), the daughter of Indonesia’s founding president, Sukarno, essentially scolded Jokowi for not lining up behind Megawati:

“It goes without saying that the President and Vice President must toe the party line, because the party policies are consistent with what the public wants,” she claimed. Her voice rising, Megawati warned Jokowi against breaking his campaign promises. “I have said this again and again, please stick to the Constitution. Fulfill your campaign promises because they are your sacred bond with the people,” Megawati said, to the thunderous applause of party members attending the national congress at the Inna Grand Bali Beach Hotel.

Megawati has mocked Jokowi for not expediting the executions of the ‘Bali Nine,’ and she has somewhat controversially linked drug offenses with the rise of HIV/AIDS in Indonesia. As vice president, Megawati became president in 2001 when Abdurrahman Wahid was removed from office. She failed in both 2004 and 2009 to win election in her own right, losing both times to popular former army general Susilo Bambang Yudhoyono, who left office to middling reviews last October. Jokowi’s push to reinstate Indonesian executions contradicts the conventional wisdom that Yudhoyono (who is known by his initials, ‘SBY’) cared too much about international opinion.

In the meanwhile, Jokowi has raised eyebrows by reaching out to his former rival in last year’s presidential election, Prabowo Subianto, who leads a nationalist party, Gerindra (Partai Gerakan Indonesia Raya, the Great Indonesia Movement Party) that, along with the more market-friendly Golkar (Partai Golongan Karya, Party of the Functional Groups); and SBY’s own Partai Demokrat (Democratic Party) controls the Indonesian legislature.

If Jokowi were to abandon the PDI-P and Megawati’s iron fist, and turn to the Golkar-Gerindra-Demokrat alliance instead, he could conceivably effect more control over Indonesia’s government. Though such a sudden switch would be unprecedented in the history of the country’s brief democratic era, it reflects the fluid nature of Indonesian presidential coalitions. Moreover, Jokowi’s vice president, Jusuf Kalla, is a former Golkar leader who also served as SBY’s first vice president in the 2000s.

Nothing, at this point, will bring back any of the executed victims of Indonesia’s death penalty. Jokowi, whose term runs through 2019, will eventually have to make amends with Australia and the international community. For now, though, his global legacy begins with the stain of reintroducing the death penalty to his country, even as capital punishment is quickly being eradicated throughout much of the developed and developing world alike.

Maryland, United States

The case for O’Malley in the 2016 presidential election

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The most damning thing that you can say about former Maryland governor Martin O’Malley isn’t that he was underwhelming, either as governor or as Baltimore mayor.marylandUSflag

It’s that we were merely whelmed by him.

Even today, as O’Malley prepares to become the most serious challenger to former US secretary of state Hillary Rodham Clinton for the Democratic Party’s presidential nomination, there’s not a whole lot you can pin on O’Malley, for good or for ill. He lacks the psychopolitical baggage of a Clinton candidacy, but he also doesn’t own any single issue or represent any broader movement. He’s a set of technocratic biceps with a penchant for data-driven policy and Celtic rock.

There’s nothing wrong with any of that, though. Formidable as Clinton is, O’Malley has all the tools to wage a compelling campaign for the US presidency.
Continue reading The case for O’Malley in the 2016 presidential election →

Indonesia

Death penalty diplomacy presents challenge to Jokowi

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Guest post by Andrew J. Novak

Indonesian president Joko Widodo (known popularly as ‘Jokowi’) was perceived as a promising agent for change when he was elected to office last July, but he has triggered recent diplomatic criticism for his unrepentant views on the death penalty, especially for drug trafficking, in ways that are drawing attention to the use of the death penalty in southeast Asia and beyond. Indonesia Flag

Jokowi claims that drug use takes the lives of 50 Indonesians per day and he promises no mercy in combating traffickers. Though drug trafficking is an often intricately premeditated crime, the death penalty for drug offenses appears to have little deterrence value, as it primarily ensnares drug mules –often poor migrant workers — rather than drug lords. In addition, the death penalty for drug trafficking falls heavily on foreign nationals, especially in southeast Asia where countries are increasingly interlinked, and their own nationals are on their neighbors’ death rows. Accordingly, diplomatic pressure to prevent the executions of a country’s citizens by foreign governments places increasing strain on the death penalty throughout the region. The Malaysian government’s opposition to the planned execution of its national Yong Vui Kong in Singapore, for instance, ultimately helped spur a major reform of Singapore’s death penalty laws in 2012 and led to Yong’s removal from death row. As a result of that opposition movement, Malaysia sent promising signs that it was internally reviewing its own mandatory death penalty laws, including for drug trafficking.

Jokowi’s government is now trapped in this diplomatic web. In January 2015, after a four-year moratorium, Indonesia carried out six executions, five of them of foreign nationals. In response to the execution of a Dutch national, the Netherlands, Indonesia’s former colonial power, withdrew its ambassador. Brazil followed suit after Jokowi rejected Brazilian president Dilma Rousseff’s personal appeal for clemency on behalf of a Brazilian national. The row with Brazil, in particular, has deepened: this past week, Rousseff indefinitely postponed accepting the credentials of the Indonesian ambassador-designate to Brazil, a snub that elicited strong protest from Jakarta. On February 22, Indonesia recalled its ambassador to Brazil. Rousseff is also pleading for another Brazilian national — one with a documented mental illness — who is facing imminent execution in Indonesia. In Vietnam, where recent wrongful convictions and grants of clemency have spurred reflection on its own death penalty regime, the foreign ministry publicly (and unsurprisingly) opposed Indonesia’s execution of a Vietnamese national. News reports also indicate that the Nigerian foreign minister summoned the Indonesian ambassador to protest the execution of a Nigerian national, and pressure is mounting to withdraw the Nigerian ambassador from Jakarta. Continue reading Death penalty diplomacy presents challenge to Jokowi →

European Union, United States

How EU regulation led to Oklahoma’s ghastly botched execution

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When the European Union expanded Regulation 1236/2005 in December 2011, its regulators could hardly have known that it would lead, in part, to the excruciating scene of a failed 43-minute execution in McAlester, Oklahoma. USflagEuropean_Unionoklahoma_640

The EU decision expanded an existing ban on the trade of instruments used for torture to include those drugs specifically used by US state correctional facilities to execute prisoners by means of legal injection. It codified at the EU supranational level what had already become a growing practice at the national level in Europe, including in the United Kingdom, arguably the closest international US ally.

it served a laudable goal from the European perspective — making it more difficult for state governments in the United States to import the necessary drugs in the traditional three-drug cocktail used by most states for nearly four decades to execute inmates by lethal injection.

What’s more, that decision is the latest example of how the European Union’s policies are increasingly affecting the United States — from antitrust law to data privacy to trade harmonization, European regulatory standards will continue to shape US policies and outcomes in new and, for some Americans, often frustrating ways.

As a matter of human rights, both the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights denounce and ban the death penalty within the European Union. But the death penalty’s abolition goes beyond the immediate boundaries of the European Union — it’s banned almost universally across Europe, with the single exception of Belarus. Even Russia, which isn’t exactly the best-practices touchstone for human rights, has implemented a moratorium. Russia’s last execution took place in 1996. France’s last execution (yes, by guillotine) took place in 1977. Italy’s last execution (by firing squad) took place in 1949. The last UK execution (by hanging) took place in 1964. The entire era of executions by ‘lethal injection,’ which largely followed the US Supreme Court’s four-year moratorium* on capital punishment over concerns that executions violate the eighth amendment ban on ‘cruel and unusual punishment,’ comes largely after Europe abolished the death penalty. By the time that lethal injections became the standard practice for executions, Europe was largely out of the execution business.

Since 1977, execution by lethal injection in the United States has involved the use of three drugs:

  • sodium thiopental, an anesthetic that is used to render the convicted person unconscious;
  • pancuronium bromide, which is used to paralyze the subject and stop breathing, in part for the benefit of the audience observing the execution, because it provides the appearance that the victim isn’t suffering; and
  • potassium chloride, which stops the heart and, in theory, rapidly leads to death.

Ironically, the two most potent drugs are widely available. It’s sodium thiopental that’s become so difficult for state governments to obtain under the new EU regulations. With sources of sodium thiopental becoming increasingly scarce, correctional facilities are turning to some fairly desperate measures to avoid disruption of their regularly scheduled executions. In some cases, that’s meant sourcing drugs through illegal channels, and in other cases, that’s meant that states, like Oklahoma, have experimented with new combinations of drugs. When Missouri contemplated using propofol instead, European countries started talking about banning that drug’s export, too, which led to a deluge of concern among US health professionals that they would lose access to one of the most important anesthetics in medical use today. Missouri’s governor Jay Nixon quickly moved away from the idea.

As Matt Ford reported for The Atlantic earlier this year, EU efforts won’t necessarily end the death penalty in the United States, but they are certainly complicating its efficacy:

“The EU embargo has slowed down, but not stopped executions,” Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C, told me. “It has made the states seem somewhat desperate and not in control, putting the death penalty in a negative light, with an uncertain future.”

That’s left the United States where it is today. States like Oklahoma,  determined to move forward with executions, are left with few good options. Experimenting with new drugs will invariably lead to more botched executions like Tuesday night’s execution of Clayton Derrell Lockett (though it’s worth noting that lethal injections, and all executions, are potentially imperfect from an Eighth Amendment perspective — Ohio learned this in 2009 with the failed execution of Romell Broom). 

But the EU decision has also led to more astonishing measures. Oklahoma has taken extraordinary steps to keep secret the contents of its new experimental execution cocktail — if EU member-states discover which drug Oklahoma is using, they could easily ban that drug as well. Notwithstanding the fears that the drugs might cause the kind of 43-minute, tortured death that Lockett actually suffered last night, Oklahoma governor Mary Fallin (pictured above) brought the state to the brink of political crisis over the Oklahoma Supreme Court’s decision to stay the execution earlier this month. Only after some of Fallin’s Republican colleagues in the Oklahoma legislature threatened to impeach the justices did they relent. 

Whatever you think of the death penalty and its continued use in the United States, it’s difficult to believe that it’s  worth undermining the judiciary’s independence on a matter of life-and-death constitutional rights or that it’s worth turning the penultimate expression of law and order, an irreversible deterrent, into a tortured science experiment.

It’s even harder to believe that in a 21st century liberal democracy with strong freedom-of-information traditions, a state government can legally keep secret the means of executing its own citizens.

If former Illinois Republican governor George Ryan, who placed a moratorium on Illinois’s death penalty in 1999, represents the sober view that the capital punishment is simply too flawed to be effective, Fallin will now become the symbol of the opposite — denying the basics of due process or constitutional rights all in the service of tinkering with the machinery of death, as the late Supreme Court justice Harry Blackmun wrote in a scathing 1994 denunciation of capital punishment.     Continue reading How EU regulation led to Oklahoma’s ghastly botched execution →