Indonesia’s Supreme Court on Tuesday confirmed that a panel of its judges has decided to revoke the death penalty for drug convict Hengky Gunawan, ruling that the sentence was in violation of the offender’s human rights.
“I heard that judges decided that way, but I haven’t seen the complete ruling,” Joko Sarwoko, a spokesman for the court, told the Jakarta Globe on Tuesday. “The judges considered the ruling to be against human rights.”
Joko said the ruling was made in April of this year, but was not made public.
Imron Anwari, the presiding judge in the case, revoked the capital punishment handed down to the convicted narcotics producer and distributor Hengky, instead reducing his sentence to 15 years in prison. The other judges involved in the case were Achmad Yamanie and Hakim Nyak Pha.
The ruling found the death sentence to be against Article 28 of the Constitution, which states that everyone has the right to life. The judges also found the penalty to be in violation of the 1999 Law on Human Rights.
In his opinion, Imron also wrote that the purpose of criminal sentencing was to educate, correct and prevent additional wrongdoing. The ruling also quoted Article 3 of the UN Universal Declaration of Human Rights, which states that “everyone has the right to life, liberty and security of person.”
Source: JakartaGlobe, Oct. 2, 2012
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