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France's request to send Serge Atlaoui back home instead of executing him
Credit: AFP

Since 2005, a Frenchman, Serge Atlaoui has been behind bars in an Indonesian prison for drug-related crimes. Recently, France requested Indonesia to send Serge Atlaoui to France to complete his punishment rather than giving him the death penalty. This request from France came after Indonesia decided to release many criminals. The prisoners that will soon be released also include ‌members of the ‘Bali Nine’ and a Filipina woman on death row. This request highlights that France wants to protect its citizens and has a strong opinion about the death penalty. The nation wants to prevent Atlaoui’s execution. Atlaoui’s case is one of the complex issues between the two nations.

The second issue that occurred during his detention was that France continually made Indonesian officials make ‌bail or transfer‌ him. On this France request, Indonesian officials stated that they got the appeal and read it carefully during the holidays. This circumstance indicates the strict anti-drug policies of Indonesia and foreign pressure to prevent the death penalty. The verdict in this case is still uncertain. The future of diplomatic negotiations should center on human rights and national sovereignty. There was no response to light from the French embassy in Jakarta to AFP’s request for comment on the case of Atlaoui.

He is a French national and has four children. Atlaoui has always maintained his innocence. For him, he was merely doing the installation process of machinery at what he perceived to be an acrylic factory. In the initial stages, the Indonesian court doled out a life sentence on him. 

However, in 2007, the court reversed that judgment and sentenced him to death. After the announcement of the death sentence, he was shifted to Nusakambangan Island. It is a high-security prison in Central Java. After a few years in 2005, he shifted to Tangerang. It is the neighboring city of Jakarta. In the same year, the court announced to execution of Atlaoui along with other 8 drug-committed criminals. However, due to the persistent request of France, his execution was postponed. Now Indonesian authorities have allowed his appeal to proceed. Atlaoui’s supporters said that President Joko Widodo did not appropriately consider his plea for clemency, which can sometimes be the last hope for inmates on death row to avoid being executed.

They argued that Atlaoui was not given a fair opportunity because his case was not being considered.

However, the court said it cannot interfere with the president’s power and that it does not have the jurisdiction to review appeals over decisions to grant clemency. However, Richard Sedillot, Atlaoui’s lawyer, was optimistic about the situation, saying that “there is still considerable hope for a transfer, which could offer a second chance.” The recent tale of Mary Jane Veloso, a Filipina prisoner who was reunited with her family after spending almost 15 years on death row, has contributed to this optimism. She was transferred to a women’s prison in Manila in expectation of a pardon due to her drug conviction. Her account suggests that there is still some hope for individuals in similar positions.

It has executed foreign nationals for its drug convictions in the past, and its drug policies are arguably the strictest in the world. According to data from the rights group KontraS, there are now more than 530 people on Indonesia’s execution row, most of whom have been convicted of narcotics offenses. According to Indonesia’s Immigration and Corrections Ministry, this includes around 90 foreign people who are facing death and are all accused of narcotics charges. The Indonesian government has recently announced that it will go ahead and execute death row inmates sentenced for narcotics crimes, as negotiations for a prisoner exchange are in progress. Since 2016, such executions have been put on hold. Despite calls for pardons from around the world and human rights concerns, this decision to resume the process shows that the government remains committed to its hard-line stance against drug trafficking.

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