A/HRC/31/57/Add.1
substance in the allegations presented in the initial communication, available via the link
above, and thus that the Government of Indonesia, by seeking to execute the death penalty
for offenses that do not reach the threshold of “the most serious crimes” and giving little or
no prior warning to the condemned prisoners and their families, has violated their right to
be free from torture or cruel, inhuman or degrading treatment.
177. The Special Rapporteur calls upon all States to reconsider whether the use of the
death penalty per se respects the inherent dignity of the human person, causes severe mental
and physical pain or suffering and constitutes a violation of the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment; (para. 79 A/67/279). He calls
upon the government of Indonesia to observe rigorously the restrictions and conditions
imposed by article 7 of the International Covenant on Civil and Political Rights and article
1 or article 16 of the Convention against Torture.
(d)
JUA 16/01/2015 Case No. IDN 1/2015 State Reply: None to date Allegations concerning
the imminent risk of execution of the following ten prisoners in Indonesia: Rani
Andriani, Daniel Enemuo, Namaona Denis, Tran Thi Bich Hanh, Marco Archer
Cardoso Moreira, Kiem Soei Ang, Agus Hadi, Pujo Lestari, Gunawan Santoso, and
Tan Joni.
178. The Special Rapporteur regrets that the Government of Indonesia has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13. In particular the letter expressed grave
concerns regarding the use of death penalty against ten prisoners.
179. As observed by the Special Rapporteur in his 2012-report to the General Assembly
(A/67/279), there is evidence of an evolving standard within international bodies and a
robust State practice to frame debate of the legality of the death penalty within the context
of the fundamental concepts of human dignity and the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment. This evolving standard, along with the
resulting illegality of the death penalty under such prohibition, is developing into a norm of
customary law, if it has not already done so.
180. It has come to the attention of the Special Rapporteur that, as of the drafting of this
report, Daniel Enemuo, Namaona Denis, Tran Thi Bich Hanh, Marco Moreira, Ang Kiem
Soei and Rani Andriani have been executed. The Rapporteur strongly condemns these acts
through which the Government of Indonesia has violated their right to be free from torture
or cruel, inhuman or degrading treatment, as provided under customary international law
and article 7 of the International Covenant on Civil and Political Rights.
181. The Special Rapporteur calls upon all States to reconsider whether the use of the
death penalty per se respects the inherent dignity of the human person, since it causes
severe mental and physical pain or suffering and thus constitutes a violation of the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment
(A/67/279). He strongly urges the Government of Indonesia to refrain from carrying out
death sentences and abolish the practice of executions.
(e)
JUA 06/03/2015 Case No. IDN 2/2015 State Reply: None to date Allegations concerning
the risk of imminent execution of 10 prisoners in Indonesia.
182. The Special Rapporteur regrets that the Government of Indonesia has not replied to
the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13. In particular the letter expressed grave
concerns regarding the death penalty to be carried out against several prisoners convicted
on drug-related charges, which does not meet the threshold of “most serious crimes” under
international law, including one detainee, Rodrigo Gularte, who has been diagnosed as
having psycho-social disabilities.
183. As observed by the Special Rapporteur in his 2012-report to the General Assembly
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