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Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions. Communications to and from Governments, A/HRC/14/24/Add.1,18 June 2010: Indonesia

Indonesia: Concern over legislation imposing the death penalty for non-serious crimes 

Violation alleged: Non-respect of international standards on safeguards and restrictions relating to the imposition of capital punishment

Subject(s) of appeal: Group concern

Character of reply: No response

Observations of the Special Rapporteur: The Special Rapporteur regrets that the Government of Indonesia has failed to cooperate with the mandate that he has been given by the General Assembly and the Human Rights Council.

Urgent Appeal dated 2 October 2009, sent with the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on violence against women, its causes and consequences.

348. In this connection, we would like to draw the attention of your Excellency’s Government to information we have received regarding the adoption of the new Islamic Criminal Code (Qanun Jinayah) in Aceh.

According to the information received:

On 14 September 2009, the Aceh Legislative Council adopted a new Islamic Criminal Code which imposes severe sentences for consensual extra-marital sexual relations, rape, homosexuality, alcohol consumption and gambling. Among other sanctions, the Code imposes the punishment of stoning to death for adultery; 100 cane lashes for sexual intercourse outside marriage; between 100 and 300 cane lashes or imprisonment for rape; and 100 lashes for homosexuality.

In addition, the new Code legalizes marital rape and provides that a woman alleging that she is a victim of rape will be found guilty of sex outside marriage unless she can provide four male witnesses testifying to the lack of consent on her part; impunity will be given to those who commit rape at the command of superiors. The National Commission against Violence on Women has called for a judicial review of Law No. 11/2006 of the Government of Aceh concerning the sources the Aceh Legislative Council has used to adopt the Aceh Islamic Criminal Code. Moreover, this Code applies to both Muslims and non-Muslims.

It is furthermore alleged that although the Code is applicable to the population as a whole in practice women are far more likely to become victims of stoning due to patriarchal and discriminatory practices and policies, as well as biological differences such as pregnancy.

349. While we do not wish to prejudge the accuracy of these allegations, we should like to recall that each Government has the obligation to protect the right to physical and mental integrity of all persons. This right is set forth inter alia in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Link to full text of the report: Communications-SR Executions-2010-eng