The Government of Indonesia Failed to Protect Siti Zaenab: The Execution in violation of the Consular Relation, UN Safeguard on Death Penalty, and the Right To Life.
The Commission for the Disappeared and Victims of Violence (KontraS)- a human rights non-governmental organization based in Indonesia, condemn the execution of Siti Zaenab Bt. Duhri Rupa (46) by the Government of Saudi Arabia on 14 April 2015. Siti Zaenab is a migrant worker from Indonesia who was sentence to death in 1999. She convicted for the murder of her employer, Nourah Bt. Abdullah Duhem Al Maruba who had allegedly mistreated her during her work as domestic worker.
We condemn the process of execution as it allegedly violated the International human rights standards and principles since the government of Saudi Arabia had not inform the Government of Indonesia with the counsular notification before the execution. Furthermore, the Government of Saudi Arabia had not take into consideration the alleged mental illness suffered by Siti Zaenab.
We note several facts on this case which are violated the international standard and principles on human rights, inter alia;
First, on the Counsular Notification, the Government of Saudi Arabia, as the state party and ratify the Vienna Convention on Consular Relations in 29 June 1988 has failed to implement Article 36 on the right of individuals in order to guarantee the inalienable right to counsel and due process through consular notification and effective access to consular protection. Since The Saudi Arabian Government only gave notification right after the execution of Siti Zaenab is carried on, while Siti Zaenab also had no legal representation and access to a consular representative during the police interrogation.
Second, the Saudi Arabian Government has failed to implement UN Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty since Siti Zaenab is suspected suffered mental illness. The Safeguards protects the person with mental illness for not being executed, it stated " ...nor shall the death sentence be carried out... on persons who have become insane.".
Third, the Saudi Arabia Government has been conducting the barbaric executions. Based on Amnesty International report, Saudi Arabia is a retentionist country, with more than 44 death penalty sentences and more than 90 executions in 2015, which moving far away from the Global Trends towards Moratorium and Abolition of death penalty.
Aside from that, Indonesian government as the state origin of Siti Zaenab has an obligation to protect her rights. As the state party of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 2012, The Government of Indonesia has to ensure the legal assistance is given in the very beginning of legal processes on the charge against them, in which we acknowledge that Siti Zaenab is not accompanied by legal representative in the police interrogation. While, the minimum standard of protetction of migrant workers also must be fulfilled by the government.
With the above mentioned fact, we believe there must be further investigation carried out by International Institution since the Saudi Arabian has neglecting international human law in this case, while in the other hand, Indonesian Government must intensifying the protection of migrant workers as the state origin.
First, the UN Special Rapporteur on Extrajudicial Killings and Summary Execution to conduct country visit to Saudi Arabia for a fact finding mission. Since the execution of Siti Zainab has violated UN Safeguards and Vienna Convention on Consular Relations.
Second, the government of Saudi Arabia to impose at least moratorium on death penalty execution and abolition of the death penalty in the near future in line with the Global Trends Towards Abolition of Death Penalty.
Third, the Government of Indonesia- as the state origin must have an Agreement with the state of Employment to ensure the fundamental right of the migrant worker is respect, protect and fulfil, particularly who work in the domestic sector
Thank you for your consideration.
Jakarta, 15 April 2015
Haris Azhar, MA
For further information please contact Rei Firdha Amalia through email :firstname.lastname@example.org or KontraS Secretariat at email@example.com