Death sentences¶

The numbers reported by the authorities differ from those observed by civil society organisations. According to the latter, at least 117 people received the death sentence in 2020, twice as high as in 2018 (48+).

The Cornell Center reported that 22 women were sentenced to death between 2000 and 2018, most of them (18) for drug-related offences. Several of them were migrant workers and victims of human trafficking. Amnesty International found that four women were executed in 2020.

Although children are excluded from capital punishment, some courts have sentenced juveniles girls to death. They were treated as adults despite their age because they were married.

Amnesty International reported that 15 foreign nationals were given the death sentence in 2018 as well as a further nine in 2020. The authorities stated that 70 foreigners, whose nationalities were not identified, were sentenced to death in July 2019. KontraS maintains that most of these foreign nationals were from Nigeria, Malaysia and China and that all of them were sentenced for drug-related offences.

After being elected to office in 2014, President Widodo declared that drug trafficking was a “national emergency” and that he would reject all clemency pleas from prisoners condemened for drug-related crimes. These increasing efforts in the war against drugs have been a direct cause of the rise in numbers of death sentences for several years, with drug offenders receiving 86% of the death sentences in 2020. The majority of female and foreign prisoners sentenced to death were also convicted for drug-related crimes.

The other death sentences were handed down in murder cases.

Executions¶

No execution has been recorded since 2016. The country did execute 23 people between 2013 and 2016 following an unofficial moratorium on executions over the three years beforehand.

Prisoners sentenced to death must be informed of the date of their execution at least 72 hours in advance. They are then placed in solitary confinement. Discussions with lawyers revealed that those executed in 2015 were all held together in a single room before their execution.

Prisoners sentenced to death awaiting execution¶

The numbers provided by the authorities are generally lower than those published by human rights NGOs. Amnesty International reported 308 prisoners awaiting their execution in late 2019, compared to the 268 reported by the authorities. The number of people sentenced to death awaiting execution rose from 112 to 482 between 2008 and 2020. The most recent data related to women, published in 2017, reported nine women awaiting execution.

The prisoners sentenced to death that were interviewed for ECPM’s fact-finding mission had been imprisoned on average for 13 years. Civil society organisations reported that 58 prisoners sentenced to death had been detained for more than 10 years, and five of them for more than 20 years.

Pardons and commutations¶

The president has the power to grant pardons. The procedure for this request is opaque and can take several years. Every year, the Supreme Court reports the number of approved and rejected clemency plea requests with no further qualifying information. Two people were executed in 2015 while their clemency plea was still ongoing.

Between 24% and 33% of prisoners facing the death penalty received pardons between 1975 and 2013. The current president granted five pardons and rejected 23 clemency pleas between his election in 2014 and February 2016. He however refused all clemency pleas from prisoners convicted of drug-related crimes.

State-funded legal aid is provided to the most vulnerable citizens. However, the budget allocated to this is insufficient. One study showed that out of 100 death penalty cases between 2017 and 2019, only 11 received state-funded legal assistance. Access to a professional interpreter is not always guaranteed. Prisoners who do not speak Indonesian (the official language of the archipelago, Bahasa Indonesia) said that they do not have access to all the documents because some of them are not translated.

Several prisoners sentenced to death emphasised the pitiful quality of their legal counsel. Lawyers reportedly acted contrary to their clients’ interests, such as not presenting any evidence or even stating they were in favour of giving the defendant the death sentence. Lawyers for persons charged with capital offences are often appointed by the police.

“Most defendants are in a difficult economic situation and do not have a good knowledge of the legal system. [Police officers] do not recommend legitimate legal aid (independent, editor’s note.). Instead, they appoint a lawyer who cooperates with the police institution. In this way, the lawyer will maintain the reputation of the police and not protect the accused as he/she should.”

- Indonesian lawyer¶

Prisoners sentenced to death are not handcuffed during visits with their lawyer regardless of the prisoner’s detention regime, although the confidentiality of interviews depends on the prison. In Lapas Narkotika, prison guards supervise these meetings. Whereas in Cilacap, they remain outside the room. Lawyers reported that visits on the prison island of Nusakambangan are problematic when an execution is planned because the port is closed and access to the island is restricted.

Since the beginning of the COVID-19 pandemic, tens of people have been sentenced to death via Zoom or other Internet platforms. Civil society organisations condemned these online court hearings because of their potential to cause detriment to the accused’s defence. The judges can only see the person on a screen, Internet connection problems are frequent, and lawyers do not always have access to their clients.

Women¶

Women sentenced to death are incarcerated with the other female prisoners in overcrowded units. They are separated from the men in all prison facilities. In Medan Women’s Prison, 30 women share a single five-by-six metre cell. There is only one toilet per cell and the plumbing often breaks down.

Female prisoners have reported that the feminine hygiene products available to buy in prison were of poor quality.

There are not enough doctors in women’s prisons. The lack of adequate medical care in the infirmaries requires the prisoners’ transfer to external hospitals for even minor treatment.

Foreign nationals¶

Indonesian legislation recognises the right of foreign nationals to inform their embassy or consulate and to “contact and speak with the representative of his country when facing the process of his case”. Members of the prison staff explained that it is sometimes difficult to organise contact between a prisoner and diplomatic representations. Some embassies are very active and involved while others do not have consular representation in Indonesia.

Foreign nationals are disproportionately affected by the mediocre quality of interpreters. One interpreter reportedly mistakenly told the police that the accused admitted to committing the crime. They are also denied the opportunity to challenge the provisions of Indonesian law before the Constitutional Court (MKRI) as this right is reserved exclusively for Indonesian citizens.

Foreign nationals sentenced to death do not receive a distinct regime of detention. Being far from their families makes prison life even more difficult as they cannot receive any food or clothes from outside the prison. Family visits are rare because they are costly and take time, some of them go for years without a visit. One family member said they had not heard from their imprisoned relative in a long time because the prison phones were limited to local calls.

“I found work again. But I cannot be away for a month and a half. And there is also the financial aspect. (…) We were unable to visit him in 2018 and 2019. Two years is an eternity. We can only go in the summer during my three-week holiday.”

- Sabine A., wife of a French convict sentenced to death¶

Prisoners under death sentence can be placed in any prison. Some prisoners have declared that they are regularly transferred from one facility to another. They are also, for the most part, separated from the rest of the prison population. This is not the case in Lapas Narkotika prison, a facility specifically for drug offenders.

The occupation rate differs greatly from one facility to another. Batu prison, which only detains drug kingpins and people convicted of terrorism, has capacity for 700 prisoners but only held 106 in January 2019, an occupation rate of 15%. The Kerobokan prison has the highest occupancy rate in the country: 512% (1,653 persons for 323 places in April 2019).

Living conditions, just like regimes of detention, vary greatly from one prison to another depending on the level of security (minimum, medium, maximum, super-maximum) and occupation rate.

Accommodation. In Lowokwaru, four prisoners share a 12m2 cell, the same size cell in Makassar holds between nine and 11. The cells in Tangerang prison are bigger and accommodate about 30 people.
Prisoners in “super-maximum” security prisons must be placed in individual cells as required by law. Batu prison complies with this, but not Lapas Narkotika prison, where prisoners are housed in two different types of cell: one for 30 people and another for two to four people.
Unlike in other prisons where there is decent lighting, the cells in Lapas Narkotika have small windows that do not provide much light. Cells are equipped with a toilet and prisoners are responsible for cleaning the showers and toilets.

Prisoners sentenced to death confirm that in most cases the cells have a bed mattress, although not of good quality. Families and religious organisations generally provide bed linens and hygiene items (soap, toothbrushes, shampoo, etc.). Some prisoners in Lapas Narkotika reported that they were not given a blanket. Prisoners sentenced to death also have a limited number of clothes as there is not enough storage space for them. Personal effects (clothes, photos, letters, etc.) are moreover stolen or burned every time a prisoner is transferred to a new facility.

Food. Only small amounts of food are provided and what is on offer is not sufficiently nutritious. To compensate, prisoners can receive food parcels from the outside, except the ones in Batu. This situation affects particularly those who don’t get many visits, such as foreign nationals and prisoners whose families live far from the facility. One foreign prisoner sentenced to death complained that the food at Lapas Narkotika was so bad that they had lost 20kg in three months and had suffered from food poisoning.

Activities and work. The “medium-security” prisons such as Lowokwaru or Cilacap are equipped with a library with a limited book collection. Prisoners have an “open-doors” policy during the day and are free to participate in activities. Makasar prison, for example, has a football field. A prisoner sentence to death at Lowokwaru said that, “We can be outside the cell to do crafts, religious activities, sports during the day, until 5PM.” Another individual sentenced to death in this facility provides English classes to fellow prisoners and guards. In super-maximum security prisons, such as Batu or Lapas Narkotika, prisoners are allowed to participate in religious activities only. No educational or training programs are provided. There are no sporting facilities or libraries either. Prisoners can however request access to certain authorised books from prison staff. Notebooks, pens and other items provided by families are confiscated as they are prohibited. Regardless of the prison, access to work is rare and usually does not come with any pay.

Discipline. Super-maximum security prisons have a 24-hour surveillance system. Nowhere is exempt, including the sanitary facilities, which violates the privacy of prisoners. Prisoners are allowed to walk in front of their cell for an hour a day provided that they are handcuffed, leg-cuffed and always under strict supervision. Mistreatment has been reported.

Indonesian law dictates that prisoners sentenced to death must be isolated from other prisoners once the date of their execution is announced. These isolation cells are also used to detain prisoners who commit acts of violence, including self-inflicted harm and suicide attempts, which are considered as reprehensible acts. Solitary confinement prevents any possibility for family visits or contact with consular representatives.

Muslim and Christian organisations are among the organisations allowed to enter prisons. They offer religious activities and spiritual guidance.

In some facilities, prisoners can call their families by telephone using a reload card system. Family members stated that the calls are very short: “between five and ten minutes, four times a week depending on the waiting time and the number of prisoners who wish to call.”, according to Sabine A., wife of a French prisoner sentenced to death.

Visits are permitted, but subject to different regulations depending on the prison. Kembang Kuning prison allows three visits per week, and in Lapas Narkotika prison, a maximum of one hour twice a week. Prisoners in Batu can have one visit per month not exceeding 30 minutes and under supervision of five prison guards.

Prisoners and visitors reported that contact with the outside world is limited, becoming more and more restricted, and that waiting times are long. In some prisons, notably in Nusakambangan, they are particularly isolated. To access the prison island, visitors are required to register at the Cilacap port and go through a body scan. Some furthermore report having been subjected to humiliating strip searches.

“One day, I was asked to remove my sanitary tampon for the search. We have no choice. Even if I think they don’t have the right to pull down our underwear, we have to let ourselves be humiliated. It is not all the guards but some of them take a malicious pleasure in doing it. We accept this humiliation so that we are not deprived of a visit.”

- Sabine A., wife of a French prisoner sentenced to death¶

Prisoners under the death sentence are entitled to one final visit from their family before their execution. They must be notified of the execution date at least 72 hours before it is carried out. ECPM’s fact-finding mission revealed that during recent executions, some prisoners did not have the opportunity to meet relatives before being executed.

Each prison has a doctor. Some, like in Lowokwaru, carry out routine medical checks. Authorities allot 10 million rupees to medical care every year for each prison (about $690). Few medications are available and, most of the time, prisoners get paracetamol. One prisoner said, “I had diarrhea. They gave me Paracetamol because they did not have other medicine.” In some facilities, prisoners can get medicines from outside as long they are approved by the prison doctor. This practice is not allowed on Nusakambangan island where the administration prohibits access to medicines prisoners need and to regular medical treatment. Transfers to health centres outside the island are possible in emergency cases.

Because of a memorandum of understanding with local authorities, prisoners in Makassar and Lowokwaru can have free access to the government hospital.

Access to mental health treatment is limited. Because of the prison’s partnership with a faculty of psychology, prisoners in Lowokwaru have access to counselling sessions, although they have been described as mediocre and quite unprofessional. Some prison guards in other facilities receive training to enable them to assess the mental health of prisoners. However, prisoners sentenced to death said that these trainings are not enough to help them face their anxiety and the other mental health problems they develop in the face of their execution. Prisoners who attempted suicide many times emphasise the lack of support and the destructive practices put in place by the prison administration, such as sending them to solitary confinement following an attempt for several days with no family visits.

• Carole Berrih and Kontras ECPM report, Dehumanized: prison conditions of people sentenced to death in Indonesia, 2019.

• University of Oxford, International Women’s Day 2021: Women, Drug Trafficking & The Death Penalty in Southeast Asia, 2021.

• Harm Reduction International, the Insitute for Criminal Justice Refom, LBH Masyarakat Submission to the Human Rights committee, Indonesia, 2020.

• Institute for Criminal Justice Reform, 2020 Indonesian Death Penalty Report: Taking Lives During Pandemic, 2020.

• The Cornell Center on Death Penalty Worldwide, Judged for more than her crime, 2018.

• Amnesty International, Flawed Justice: Unfair Trials and the Death Penalty in Indonesia, 2015.

• The Guardian, Death penalty in Indonesia: an executioner’s story, 2015.