Posts Tagged ‘drug trafficking’

While Australia waits on Sukumaran and Chan, the Phillipines campaigns for Mary Jane, France for Serge, Brazil for Rodrigo. And so it goes on.

Posted: April 9, 2015 in Political musings
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Death row Filipina s family begs Indonesia for her life

The family of a Filipina on death row in Indonesia made a tearful appeal for her life on Wednesday, insisting that an international drug syndicate duped the single mother of two.

Mary Jane Veloso, 30, has been in an Indonesian jail for five years after being caught at Yogyakarta airport with 2.6 kilogrammes (5.73 pounds) of heroin, and is among a batch of foreigners facing imminent execution.

But in an interview with AFP in Manila, her parents and sister said a crime syndicate involving a friend had deceived her, and she did not know the drugs had been sown into her suitcase before flying from Malaysia.

“Please don’t kill my sister. She is innocent. If you kill her, you will have blood on your hands,” Veloso’s elder sister Marites Veloso-Laurente said in a plea to Indonesian President Joko Widodo.

With tears streaming down his cheeks, Veloso’s father said the syndicate that used her as an unwitting drug mule had pledged to kill all family members if they reported the racket to authorities or went to the media.

“Life’s been hard. We’ve been living in fear. My daughter’s recruiters have been threatening us – they threatened to kill us one by one,” said 59-year-old Cesar Veloso.

The family is from a poor farming town about three hours’ drive north of Manila, and Veloso had sought to provide for her two young sons by working as a maid overseas.

The single mother initially worked for nine months in Dubai in 2009 but was forced to come home after her employer tried to rape her, according to her father.

A family friend then offered Veloso work as a maid in Malaysia.

When Veloso got to Malaysia she was told the job was no longer available but there was another one in Indonesia if she flew there immediately, according to her parents.

“My sister’s a loving person, she’s so kind. But she trusts too much. We don’t engage in vices or anything illegal, no cigarettes, no alcohol,” her elder sister said.

When Veloso was arrested, her sons were aged just one and seven and they too have become victims.

“It’s as if they lost all hope… they are worried about what would happen to them if their mother never came back,” the Veloso matriarch, Celia, said as her two grandsons sat quietly next to her.

She said the eldest son, Mark Daniel Candelaria, 12, was struggling at school and may have to repeat eighth grade.

Veloso’s youngest, Mark Darren, 6, copes by singing his mother’s favourite song, a Filipino ballad called: “Just wait”, which has become an anthem of hope for the family.

Veloso’s mother, 55, insisted that if her daughter was involved in the drug trade, her family would have seen some benefits of it.

Instead, she shares a cramped brick and wood shanty with her husband and six grandchildren, including Veloso’s sons.

“We beg you, Mr Indonesian president, if my daughter was involved in drugs, we wouldn’t be this poor,” she said.

About 10 million Filipinos work overseas, with most heading abroad to escape deep poverty.

Many work in menial jobs or face dangerous work conditions, but even salaries of $300 a month are more than can be earned at home.

The government has previously warned Filipinos heading abroad about the dangers of drug traffickers trying to exploit or dupe them.

The are 125 Filipinos on death row around the world, with many of them convicted of drug trafficking, Connie Bragas-Regalado, chairperson of overseas workers’ rights group Migrante, told AFP.

The Indonesian Supreme Court last week denied Veloso’s request to review her conviction.

The Philippine government said Wednesday it would file a second appeal.

Veloso’s parents and sons also visited the Indonesian embassy in Manila on Wednesday to lodge a letter appealing to Widodo for mercy.

Aside from Veloso, convicts from Australia, Brazil, France, Ghana and Nigeria are set to face a firing squad after they had their requests for presidential clemency rejected, although a further appeal in the case of the Australians Chan and Sukumaran is planned.

The death penalty was abolished in the mainly Catholic Philippines in 2006.

The obduracy of the Indonesian government in the face of serious concerns about either the guilt of the accused or whether they deserve being executed is disgusting.

Another of the batch to be executed suffers from paranoid schizophrenia: it is a widely accepted rule of law that it is wrong to execute someone whose mental impairment may have contributed to their behaviour, as it goes to the issue of their culpability.

Rodrigo Gularte is relaxed about the death penalty. He knows it has been abolished across the world. The people that monitor and control him via satellite through the microchip they have implanted in his head have told him so.

Gularte, 42, is a deeply disturbed paranoid schizophrenic who is facing imminent execution by firing squad, along with ten others.

He has no concept of what is happening to him. When his family visits, he is constantly distracted as he searches the skies over Nusakambangan prison for the manned satellite that is stalking him.

Gularte, from Curitiba in Brazil, was arrested in 2004 with two other Brazilian couriers bringing 6kg of cocaine into Indonesia. He’d been treated for depression since his teenage years. He had become a drug addict and was an easy target for Brazil’s drug cartels, looking for people to ship cocaine to Indonesia.

Troubled teen ... Rodrigo was struggled with depression Pictures: Supplied

Troubled teen … Rodrigo struggled with depression from an early age.

Proof that Gularte was unwell was evident by what he did when he was arrested: he told police that the two men with him had nothing to do with it. He took all blame.

The two were allowed to go home to Brazil and the following year Gularte was sentenced to death.

The hearing was itself a travesty. Gularte’s mother, Clarisse, now 71, and his cousin, Angelita Muxfeldt, 49, flew to Jakarta a week after his arrest. As they waited to see Gularte, a lawyer arrived for an unexpected late-night meeting.

The lawyer said he could get them into the police station, right at that moment, to see Gularte. He was trying to show them how influential he was. They were suitably impressed, and paid him “a lot” of money.

He then abandoned his client.

When Gularte was sentenced to death in 2005, he was totally alone. The lawyer had fled with the cash, failing to tell the family and embassy officials that he was to be sentenced. He did not stand a chance.

Alatoui's wife campaigns ceaseless for him to be saved.

Alatoui’s wife campaigns ceaseless for him to be saved.

Another inmate was arrested for working on a “drugs lab” as a welder, but had no knowledge of the eventual use of the construction site he was working on and had only been there three days: he had no involvement in drug trafficking whatsoever.

Serge Atlaoui, a father of four children, was arrested near Jakarta in 2005 in a secret laboratory designed to produce ecstasy. He was sentenced to death in 2007 on drug trafficking charges. Already imprisoned in Indonesia for ten years, he has always denied the charges saying he was installing industrial machinery in what he thought was an acrylics factory. What a nightmare for him and his family and friends. The French President and Foreign Minister have campaigned vigorously for him not to be executed.

It becomes increasingly clear that these impending executions have nothing to do with justice and everything to do with playing internal politics in Indonesia. Indonesian President Widodo did not even READ the case files on these poor people before rejecting their appeals for clemency.

In reality, the only thing that may be keeping these people alive is international attention. It needs to be more embarrassing for Indonesia to carry out the death penalty than it is for them to back down.

Wellthisiswhatithink urges you to share this story, and any others you see, to ensure that the visibility of these poor people’s situations is maintained. Tweet this story, Facebook it, re-blog it. Thank you.

(From AFP, Daily Mail, Australian Broadcasting Corporation, and others)

Is it right to execute drug traffickers? UPDATED

Posted: February 5, 2015 in Political musings
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firing squad

 

A few weeks back, Indonesia executed five “drug mules”, including a woman. Executions in Indonesia are customarily carried out by firing squad and that was the case here.

The executions reflect the “tough on drugs” stance of the new Indonesian President. Of particular interest to Australians is that two citizens (members of the so-called “Bali 9”) who intended to import heroin to Australia are also scheduled to be executed together soon, despite having very obviously become rehabilitated while in prison in Bali, to the extent that the Governor of their prison has argued they should not be executed. A final appeal has been refused, and the executions could occur any day now, at 72 hours notice to the condemned.

The appeal was based on the simple argument that the two individuals, Andrew Chan and Myuran Sukumaran, have been thoroughly rehabilitated in the ten years they have been in jail. Chan is training for the priesthood and does fine work helping fellow prisoners in his Bali jail. Sukumaran has developed into a fine artist and teaches painting to his fellow prisoners. Neither pose any threat to society. Executing them is entirely a matter of revenge, or internal Indonesian politics.

The two have now apparently penned a desperate letter from death row, begging the Indonesian government to spare them as they run out of options to avoid the firing squad, planned for the next two weeks.

Their friend, Pastor Matius Arif, says the pair are ‘very sad’ their bid for a judicial review was rejected in the courts on Wednesday.

He read an open letter – handwritten by Sukumaran and addressed to the Indonesian government, signed by both Australians – to reporters outside Kerobokan jail on Thursday. It argues they are more useful alive as they work to rehabilitate other prisoners.

‘We beg for moratorium so we can have chance to serve Indonesia community (sic)’ the letter says.

Mr Matius said: ‘There’s so many testimonies about what they’re doing inside. I also personally request the government to make a special commission or a special team to investigate what they’re doing inside.’

The team should then report on the rehab programs to the president, he said.

The application for a judicial review detailed the work of Chan, 31, and Sukumaran, 33, to assist others through chaplaincy and art programs.

Denpasar District Court determined it didn’t meet the ‘new evidence’ criteria for a review.

It was the last legal option for the pair, who have been denied clemency by President Joko Widodo.

Barrister Julian McMahon says their team is still examining the options after Wednesday’s setback.

‘At the moment our Indonesian lawyers are reviewing the decision made yesterday which was called a stipulation, which prevented us from proceeding with that appeal, and obviously while any legal options that have value remain open we will pursue them’ he told Sky News.

Prime Minister Tony Abbott, too, says diplomatic efforts to save them are continuing.

‘We are not going to engage in last-minute, megaphone diplomacy but I just want to assure people that the Australian government has left no stone unturned to try to ensure that these two Australians on death row have their sentences commuted,’ he said.

The men’s families visited Kerobokan jail again on Thursday, with Sukumaran’s brother Chintu wrapping his arm around their mother Raji.

In any event, in our opinion, using the death penalty to fight drug usage is unhelpful.

The “purely” legal arguments

Firstly, the act goes against a number of international law standards (to which Indonesia is a party) which argue that drug trafficking does not meet the standard of exceptionally severe crimes that warrant the imposition of the death penalty. Despite widespread support for the death penalty for drug crime in Indonesia, this point has been made in an opinion piece in the Jakarta Times last month. (An impressive example of how far this once authoritarian society has come in recent years.) Typically, such crimes include the death of another person – murder. Whilst many would argue that drug trafficking can contribute to the deaths of the eventual drug users, a straight line cannot be drawn between the act of drug trafficking and any individual death.

Secondly, for a dug criminal to be captured it follows that their drugs were interdicted. As the drugs never reached their target market, no one was harmed. One cannot execute someone for the possibility of having caused harm had the drugs got through.

The social arguments

Drug mules are often individuals who suffer from addiction themselves, and are vulnerable individuals who are desperate for money to feed their own habits. Whilst this is regrettable, it has a lower level of criminal culpability than those, for example, who manufacture the drugs or mastermind their distribution. What’s more, their own drug addiction should be viewed as a health issue: a matter for treatment, not punishment.

The real drug kingpins almost never appear in court. Too many cut outs exist between them and their mules. That they are allowed to go free (often protected by substantial political and judicial influence achieved through bribery with the very money generated by their own mules) is detestable. We cannot have one law for the rich and one for the poor.

Similarly, if they are ever ensnared in the judicial system, they can use their power to avoid severe punishment, an opportunity not available to their workers. For law to contribute to a more just society, it must be levied justly and equally or society itself becomes corrupted.

Last but by no means least, there is no evidence that the death penalty provides a deterrent against drug trafficking. Convictions for trafficking have increased in Indonesia despite recent cases of the death penalty being imposed. More than 50 persons currently sit on death row in Indonesia because of drug offences.

So what should we do?

The solution to the drug problem is two-pronged.

First, we should attack the source of the drugs – go after the owners and managers of the drug cartels rather than their soldiers. this need not only be via head on assault – identifying and confiscating their wealth would make the business notably less attractive. Significantly greater resources should be devoted to this effort.

Second, we should dramatically increase the health-based treatment of “hard” drug users in Western society, offering them treatment options which reduce demand for heroin, cocaine and amphetamines. While demand exists, the free market will find ways to meet it. One entirely sensible move would be to decriminalise (note, not legalise) these drugs and dispense them via the pharmacy profession, which would break the nexus between traffickers and also reduce death due to overdose and allow health education to and intervention with addicts. This approach is widely regarded to have been extremely successful in Portugal.

Sadly, such moves are far less dramatic or newsworthy than tying people to a pole and shooting them. As always, politics is likely to win out over commonsense.

And in the meantime, those on death row and their families and friends go through the torments of hell wondering whether their sentences will, in fact, be carried out, and when. Such psychological torture is unconscionable in an advanced society.