May 21
INDONESIA:
How new antiterrorism law will change Indonesia's war on terror
Indonesia will soon have a new antiterrorism law to replace the current law,
which is widely seen as weak, with deliberations on the antiterrorism bill
expected to conclude this May or June.
Speaking to The Jakarta Post in an interview on Thursday, Enny Nurbaningsih,
head of President Joko "Jokowi" Widodo administration's team to deliberate the
antiterrorism bill, ensured the new legislation could provide security for
Indonesians against deadly terror attacks such as those that had occurred
recently in numerous places across Indonesia's most populated island of Java.
Calls for the government and the House of Representatives to conclude the
long-due deliberation on the bill have mounted after the attacks, which were
allegedly conducted by an Islamic State (IS)-linked local jihadist organization
known as Jamaah Ansharud Daulah (JAD).
Enny, who is also head of the Law and Human Rights Ministry's National Law
Development Agency (BPHN), said the government expected deliberations to be
concluded at a hearing with the parliament scheduled for May 23, saying that
nearly "99 %" of the bill's content had been finalized, and only the debate
over the definition of terrorism as a crime remained to be concluded.
Below are some crucial points in the antiterrorism bill, which was initiated
after the Jan. 14, 2016 bombings on Jl. MH Thamrin, one of Jakarta's busiest
thoroughfares.
What is terrorism?
One of the main reasons the deliberations have been dragging on for months is
that the government and the House have failed to reach an agreement on what
constitutes terrorism.
While the government insists that terrorism is "any deed that uses violence or
threats of violence on a massive scale, and/or causes damage to strategic vital
objects, the environment, public facilities or international facilities", the
House demands that terrorism as a crime includes "any deed that is based on
political and ideological motives and/or threats to state security."
Lawmakers have said a detailed and rigid definition of terrorism as a crime
would ensure that investigators crack down on terrorist activities, while the
government believes it would only hamper terrorism prevention and mitigation
processes, as it would obligate investigators to determine whether suspects had
either political or ideological motives before naming them as terrorists.
Enny said the government would accommodate the parliament's request by
inserting the latter's version in the general explanation part of the bill, not
in the verse section of it.
The government expects to convey that proposal to the parliament at the
scheduled May 23 hearing, so that the bill can be further deliberated before
being proposed for the next plenary meeting.
Terrorism prevention measures
Law enforcers will have greater powers. The new terrorism law will include
numerous provisions on terrorism prevention measures -- something that is not
dealt with comprehensively in the prevailing terror law, Enny said.
"For instance, we can do nothing to people who plan terror attacks if we use
the prevailing law," said Enny. Under the bill, plotting terror attacks is a
crime.
The bill stipulates that a person accused of terrorism could be held in custody
from 7 to 14 days without charges. Law enforcers could hold them for up to 200
days after officially charging them with terrorism.
Rights activists have voiced concerns over the policy, but Enny ensured that
the policy would be carried out in accordance with human rights principles.
If there is a law enforcement officer found guilty of violating human rights
principles during the terrorism investigation process, they will be charged
with a criminal offense, said Enny.
People who import explosives or components such as chemical, biological,
radiological, nuclear or radioactive weapons for terrorism purposes into the
country, or make, receive or possess them, can be charged under Article 10a of
the bill, which carries a maximum sentence of 20 years' imprisonment.
The bill also charges people who mastermind terror attacks, partake in
paramilitary training with the purpose of launching terror attacks or join
overseas wars related to terror attacks, with maximum terms ranging from 12
years, 15 years, 20 years to life sentence and the death penalty.
That means the police will later be able to charge Indonesians returning from
war-torn countries where they are proven to have joined a terrorist group such
as IS.
Terrorism prevention measures also include what the bill describes as
"counter-radicalization" and "deradicalization" activities.
Counter-radicalization activities are intended for people or groups that have
been exposed to radical teachings that could potentially lead them to
committing terror attacks. Deradicalization activities are intended for
terrorist suspects, defendants, convicts, inmates or former inmates and aim to
reintegrate these people into society.
The bill says counter-radicalization and deradicalization activities will be
detailed in other supporting regulations.
The roles of the Indonesian Military (TNI)
The decades-long rivalry between the 2 institutions to handle and manage state
security has been apparent during the deliberation of the terrorism bill.
Activists have also warned about possible abuse of power carried out by the 2
authorities in handling terrorism.
Enny ensured that, while the bill finally included a provision on the role of
the TNI in countering terrorism, the military would not be involved in law
enforcement.
"To prevent the military from entering the domain of law enforcement, we have
decided that the President will regulate the TNI's involvement through a
government regulation."
The regulation will refer to the 2004 TNI Law, which stipulates that the TNI's
involvement in civilian affairs depends on the political decision of the state,
which should be consulted with the House.
Compensation and protection for victims
Victims of terror attacks have long sought comprehensive provisions about their
rights as victims.
Yayasan Penyintas Indonesia, an organization that supports terror victims,
detailed in 2016 that over 1,900 victims of terror attacks suffered from
physical and mental trauma from a number of bomb attacks that had occurred
since the start of the millennium.
House terrorism bill committee chairman Muhammad Syafi'i said last year that
"the well-being of victims has been one of our biggest concerns since the
beginning of the deliberation."
The terrorism bill has one special chapter dedicated to detailing protection
for victims of terror attacks. The bill acknowledges two kinds of victims:
direct victims, for example victims who are killed or injured in attacks, and
indirect victims, for example wives who lose their husbands as a result of a
terror attack.
The bill says terror victims are the "responsibility of the state", a
responsibility which is fulfilled by providing medical assistance, psychosocial
and psychological rehabilitation, as well as financial compensation for the
families of the deceased.
(source: Jakarta Post)
*****************
Death Penalty for Terrorist is Firm Message from Indonesian Govt
The death penalty given to convict of terrorism case Aman Abdurahman is
considered to be a form of a firm message from the Government of Indonesia in
eradicating terrorism.
"The death sentence in my opinion can only be interpreted as a firm message of
the government in eradicating terrorism in front of them, the supporters of
ISIS," said Director of The Islah Center and observer of terrorism Mujahidin
Nur in Jakarta, Monday (5/21/2018).
That, he said, also minimizes the risk of spreading the teachings compared to
if the convict is still free to spread his teachings.
Last week, the South Jakarta District Court dropped a capital punishment to
convicted terrorist Aman Abdurahman.
Mujahidin said that the terrorist group (ISIS) is a group that moves on
ideological basis, not on individual leader or leadership, for example Aman
Abdurahman.
"The ideology-based group characteristics like ISIS is resilient, not easily
discouraged and cannot be attenuated so even if the leaders are sentenced to
death as given by the government through the South Jakarta District Court to
Aman Abdurahman," he said.
Because, he said, ideology as the foundation of their movement (teaching of
takfiri, Muslim accusing another Muslim of apostasy) spread by Aman Abdurahman
has been massively distributed throughout the network or group.
"Although Indonesian ISIS is lack a leader who has field and scientific skills
like Aman Abdurahman, but the death penalty to Aman Abdurahman does not
necessarily have a significant impact on the weakening of terrorism networks in
Indonesia," he said.
Even so it has a positive impact in the short term because the supporters of
ISIS in Indonesia lost a figure that has the knowledge and leadership like Aman
Abdurahman.
"I analogize in the Al-Qaeda group, for example, the killing of Osama bin Laden
has had no significant effect on the halting of global terrorism masterminded
by the Al-Qaeda group because Al-Qaeda's ideology has spread to various parts
of the world," he said.
He asserted the death sentence to the leader of the terrorist group will
effectively stop terrorism seen from 2 variables namely first, if the terrorist
leader has a strong influence or charisma among his followers.
Secondly, of course this applies to terrorist groups who have few members and
actually make the leaders as foundation of their movement so this death
sentence will be effective.
"ISIS is a terrorist organization that has many followers," he added, as quoted
from Antara.
(source: netralnews.com)
************************
Komnas HAM: Death Sentence to Aman Abdurrahman Detrimental
The National Human Rights Commission (Komnas HAM) is disappointed with the
death sentence charged to the terrorist convict Aman Abdurrahman. The
Commission considers the death sentence is detrimental to the handling of
terrorism case.
"The death to the terrorists is a hope," said Komnas HAM member Choirul Anam in
Menteng, Jakarta, on Saturday, May 19.
Anam agreed that the act allegedly done by Aman is barbaric. However, executing
a terrorist is detrimental to counter terrorism.
He considers the death sentence will not cause a deterrent effect for other
terrorists. Because death is indeed the ultimate goal of the terrorists.
"We see Amrozi (Bali bomber) after being sentenced to death actually considered
as a hero by his group," he said.
Anam said the imprisonment accompanied by de-radicalization efforts is far more
effective in dealing with terrorism cases. It will certainly help police to
dismantle their networks.
"The backbone against terrorism is to dismantle its network," he said.
(source: tempo.co)
PAKISTAN:
Executions in Pakistan
An international report published by Amnesty International named, "Death
Sentences and Executions 2017" mentioned that in the duration of 4 years the
death penalty was revived in Pakistan and an estimated 500 prisoners have been
executed while more than 7,000 inmates languish on death row.
In 2017 Pakistan has reached his highest level of execution in its history,
approximately,60 executions occurred in 2017 and the report lists Pakistan as
one of the 5 topmost global executioners in the world.
Death penalty has been raised and with the rise in capital punishment and in
the past a horrifying case happened when the Supreme Court of Pakistan
acquitted 2 brothers on death row of murder only to find out that they had
already been hanged a year earlier.
The government should implement such laws where no one is hanged to death and
justice is retained in the country.
(source: nation.com.pk)
BANGLADESH:
Man loses 6yrs amid confusion----Still in prison despite HC acquittal;
procedural lapse created as SC order yet to reach jail
6 years ago, the Supreme Court issued an order creating the scope for his
release from jail. But Azaher Ali Raza could not walk free.
The man, now 40, has been languishing in the condemned cell of Dinajpur
District Jail since he was convicted in a murder case and sentenced to death in
2005.
The apex court order did not reach the jail authorities all these years for
some unknown reason, causing a procedural lapse and confusion about his
release.
After a primary hearing on a criminal miscellaneous petition filed by the
attorney general's office, the SC stayed a High Court verdict that acquitted
Azaher in 2010.
After the final hearing, the apex court issued an order in 2012 asking the
government to file a leave-to-appeal petition against the acquittal in 2 weeks.
The apex court said the criminal miscellaneous petition (or stay petition) will
be automatically dismissed if the leave petition is not filed in 2 weeks,
implying that Azaher will have the right to be freed.
"2 weeks' time is granted to file the regular leave petition, failing which the
criminal miscellaneous petition shall stand dismissed," said a seven-member
bench of the SC headed by the then chief justice Md Muzammel Hossain on October
1, 2012.
The government failed to file the petition in 2 weeks, meaning the criminal
miscellaneous petition got automatically dismissed and the HC judgment stood
upheld.
But the SC order of 2012 did not reach the Dinajpur jail over the years and
Azaher remained in the condemned cell.
The matter came to light after the Dinajpur jail authorities recently
communicated it to the Supreme Court Legal Aid Committee (SCLAC).
The SCLAC looked into it and requested the SC authorities to send the SC order
to Dinajpur jail so that Azaher, an inhabitant of Joydevpur village in Dinajpur
Sadar upazila, is released.
The SC authorities yesterday sent a certified copy of the 2012 order to the
jail authorities, clearing the way for Azaher's release.
"Really!" was the reaction of his mother Mansura Begum when our Dinajpur
correspondent met her at her house yesterday afternoon.
"It is you who first gave me this news. I'm so happy that my son will be free,"
said Mansura Begum, in her mid 60s.
Contacted, Md Sayeed Hossain, superintendent of Dinajpur District Jail, said he
will take necessary steps for Azaher's release immediately after receiving the
SC order.
"I have heard that the office concerned of the Supreme Court has reissued a
certified copy of the apex court order today [yesterday] and sent it by post.
"The order might reach my office tomorrow [today] or the day after. When my
office receives the Supreme Court order, I will release Azaher from jail upon
completing relevant procedures."
THE CASE
The jail super could not give details of the murder case and only said Azaher
was sentenced to death by a Dinajpur court on July 24, 2005 and acquitted by
the High Court in 2010.
According to the convict's family members, he was arrested nearly 2 months
after the murder of his father-in-law Abdul Zabbar in 1997.
3rd among the 7 siblings, he used to run a small turmeric shop at Kishanbazar
village in Dinajpur Sadar upazila.
His daughter was only 11-month-old when he was arrested.
His wife left him. But their daughter, Ajmira, was brought up by her
grandmother. She was married off only 2 years ago and is now a mother of a
child.
Azaher's father died in 2000.
"I met my son whenever I could manage to save some money from the old-age
allowance. The last time I met him was on December 16 last year at Dinajpur
jail," said Mansura Begum.
Jail Super Sayeed Hossain said the then second additional sessions judge of
Dinajpur sentenced Azaher to death in the murder case.
Following the appeal filed by the defence, the High Court scrapped the verdict
and acquitted him.
The memo of the HC order reached the office of second additional sessions judge
of Dinajpur on July 20, 2010.
The Dinajpur jail authorities received the memo the same day from the Dinajpur
court office and later communicated with the offices of attorney general and SC
registrar about the HC order.
The SC stayed the HC verdict in 2010 after the attorney general's office filed
the criminal miscellaneous petition.
The Dinajpur jail authorities had become confused in 2011 as to whether Azaher
will be released or not because the anomaly in the date of leave to appeal
filed by the government, according to jail documents.
'TREATED AS DISMISSED'
Yesterday, the SC registrar general's office issued an order saying, "As per
the said [2012 SC] order, no steps had been taken on behalf of the petitioner
[the government] within the stipulated period. Since the petitioner failed to
take redress, so, the instant criminal miscellaneous petition is treated as
dismissed."
Md Abu Taher Bhuiyan, assistant registrar of the SC, who certified yesterday's
order, told The Daily Star that he did not know why the 2012 order was not sent
to the Dinajpur court and jail authorities.
He joined the office in 2015 and is not aware of the 2012 order following which
the HC verdict on Azaher stood upheld.
Requesting anonymity, an SCLAC high official told this newspaper that this is a
very rare incident that an acquitted person could not walk out of jail because
the copy of an SC order was not sent to the jail.
He said the implication of 2012 order was that Azaher was acquitted, and it
should be investigated to find out who is responsible for his languishing in
jail over the last 6 years.
The official said the SCLAC has pursued the matter after the Dinajpur jail
super informed them about it at a meeting on May 12.
Azaher's overstay in prison could have been avoided had the SC office concerned
properly communicated with the jail authorities or the lower court and made
things clear, he added.
The SCLAC official also said the family members of Azaher had not taken any
initiative to inform the implication of the 2012 SC order to the jail
authorities, as they are very poor and not so conscious.
The Dinajpur jail authorities wrote to SCLAC on March 14 this year and the SC
registrar's office on April 25 about the case.
In the last 6 years, the jail authorities sent at least 5 letters to the
offices of attorney general, SC registrar and SCLAC to know the outcome of the
leave to appeal and current status of the case.
'A PUNISHABLE OFFENCE'
Contacted, Supreme Court Registrar General Md Zakir Hossain told The Daily Star
that he did not know why the SC order did not reach the Dinajpur jail
authorities.
"I don't communicate the Supreme Court orders [to relevant authorities], as it
is the responsibility of some deputy registrars and assistant registrars."
The registrar general said he will look into matter and find out whether any
official or staff of the SC had any negligence in this regard.
Contacted, Attorney General Mahbubey expressed surprise saying the persons who
were responsible for not communicating the SC order to the jail should be
punished through conducting a probe.
Not communicating the court order to offices concerned is a punishable offence,
he noted.
(source: The Daily Star)
INDIA:
Movie against capital punishment to be screened in Guwahati----Screening of
Polish filmmaker Krzysztof Kielowski's 'A Short Film About Killing' at Guwhati
Press Club for its member journalists
'A Short Film About Killing', an extraordinary film on capital punishment by
internationally acclaimed Polish filmmaker Krzysztof Kielowski, will be
screened at Guwahati Press Club on Friday next at 3 pm.
The screening is for its member-journalists.
Carrying a strong message against capital punishment practiced by different
countries, including India, the feature film was released in 1988.
The movie stars starring Miroslaw Baka, Krzysztof Globisz, and Jan Tesarz.
It has cinematography by Slawomir Idziak and music by Zbigniew Preisner.
It may be noted that no European director of recent years was admired as
Kielowski.
Of course, he had to wait many years for recognition outside Poland.
The hour-long movie was originally made for Polish television.
Written by Krzysztof Kielowski and Krzysztof Piesiewicz, the film was expanded
from Dekalog: 5 of the Polish television series Dekalog.
Based on an emotional story, the film was instrumental in abolishing of death
penalties in Poland long back.
Set in Warsaw, Poland, the film compares the senseless, violent murder of an
individual to the cold, calculated execution by the State.
A Short Film About Killing won both the Jury Prize and the FIPRESCI Prize at
the 1988 Cannes Film Festival,[2] as well as the European Film Award for Best
Film.
The film shows a very bleak Poland near the end of the Communist era.
This is greatly enhanced by the strong use of colour filters.
The print appears to have an effect similar to sepia tone or bleach bypass -
although it is a colour picture, the photography combined with grey locations
provides an effect similar to monochrome.
(source: nenow.com)
VIETNAM:
Vietnamese forester arrested for transporting heroin
A forester from Vietnam's northern Son La province has been arrested when
transporting 22 cakes of heroin from Son La to a drug kingpin in northern Lang
Son province, local media reported on Monday.
Pham Xuan Lan, a 37-year-old forester of the Son La Forest Ranger Department,
was detained in Lang Son last week when he was driving a truck with heroin on
it, online newspaper VnExpress reported. Lan confessed that he transported the
drug to Trieu Ky Voong from Lang Son for a wage of 2.8 billion Vietnamese dong
(over 123,000 U.S. dollars).
Voong, 49, was also detained last week. Voong is the leader of a ring that
smuggles drugs from Laos to Vietnam, and he owns many hotels, restaurants and
properties in the border province of Lang Son.
According to Vietnamese law, those convicted of smuggling over 600 grams of
heroin or more than 2.5 kilograms of methamphetamine are punishable by death.
Making or trading 100 grams of heroin or 300 grams of other illegal drugs also
faces death penalty.
(source: xinhuanet.com)
KENYA:
Review law to hand looters death penalty, suggests Tetu MP
Tetu MP James Gichuhi has called for a review of the law to introduce death
sentence and stiff penalties for those found guilty of misuse of public funds.
Mr Gichuhi said the only way to eliminate corruption is for those culpable to
be put behind bars.
"We want the DPP to do thorough investigation that will be adduced in the court
to ensure someone is held responsible for the loot," he said.
Poorly-done investigations, he said, have led to acquittal of looters of public
funds.
"Comprehensive investigations must be done and the DPP must go after the big
fish," he added.
He was speaking at St Lawrence Ithenguri Catholic Church in Tetu where he
attend Mass on Sunday.
Mr Gichuhi was referring to the graft scandal that has gripped the National
Youth Service leading to the suspension of staff and stepping aside of senior
managers.
The MP lauded the stepping aside of Public Service PS Lillian Mbogo-Omollo and
NYS Director-General Richard Ndubai to allow investigators conclude probe into
the alleged loss of Sh9 billion at the institution.
(source: nation.co.ke)
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