HRI seeks an Indonesia-based consultant/organization to carry out research and advocacy towards the development of sentencing guidelines in Indonesia
To develop sentencing guidelines for trials in Indonesia involving capital punishment, with an emphasis on drug offences, and engage with the Supreme Court of Indonesia towards the developments of the guidelines and their adoption.
Harm Reduction International (HRI) is a leading NGO dedicated to reducing the negative health, social and legal impacts of drug use and drug policy. We promote the rights of people who use drugs and their communities through research and advocacy to help achieve a world where drug policies and laws contribute to healthier, safer societies.
Since 2007, HRI has carried out targeted research and advocacy on the death penalty for drug offences. Currently, HRI is implementing a European Union co-funded project titled “Comprehensive Actions against the Death Penalty for Drug Offences” (EIDHR 2016/376-927), which combines global monitoring and research work with advocacy on the abolition of the death penalty, capacity building for relevant civil society stakeholders, as well as a specific focus on in-country work in Indonesia linked to legal reform.
The project aims at contributing to reduced application of the death penalty for drug offences globally, and in Indonesia in specifically. Based on a number of years work in Indonesia and consultation with local partners, HRI understands sentencing guidelines as a key instrument in potentially reducing the number of death sentences imposed, and promoting the right to fait trial of capital defendants.
The Indonesian context
After a moratorium on executions from 2009 to 2012, and in 2014, Indonesia carried out 18 executions between January 2015 and July 2016, all for drug-related offences. Since then, Indonesia has not carried out executions. One promising development is found in the draft revised Criminal Code (RKUHP), in which provisions to restrict the use of the death penalty and executions have been introduced.
Yet, the death penalty for drug offences is wielded by politicians as a tool for political support, while judges continue sentencing drug offenders to death, often following trials that raise concerns regarding fairness and due process. Furthermore, the strong support recorded at societal level for the use of the death penalty constitutes an incentive for both politicians and judges to express their support for the death penalty.
In this context, there is a prospect to engage with, and sensitise, the judiciary on the matter of the death penalty, with the hope that this would enable judges to take into account the proposed restrictions on the death penalty in the draft revised RKUHP, and increase judicial focus on fair trials standards in capital cases. HRI’s scoping indicates there appears to be some openness by the judiciary to engaging with civil society on issues such as judicial reform.
Engagement will assist the judges to understand the nature and complexity of drug cases. By doing so, this will help improve their legal consideration when presiding drug cases, with the final aim of limiting the imposition of death sentences.
Develop judicial guidelines on the death penalty in Indonesia, with emphasis on capital cases involving drug offences;
Engage and sensitize the Indonesian Supreme Court judges towards the adoption of the sentencing guidelines; including through consultative meetings and a regional meeting of reform-oriented judges and judges in courts with the power to hand down death sentences.
The consultant/organization will be required to provide the following:
1. Proposed activity plan and timeline of implementation of the project (with final deadline before 31 December 2019), including:
Desk-based research on fair trial standards and best practices towards the development of sentencing guidelines, with an emphasis on capital drug cases;
Introductory and consultative meetings with Indonesian Supreme Court judges;
Time for drafting the guidelines and further consultation;
Judicial regional meeting on sentencing guidelines (to be organized together with HRI).
2. Sentencing guidelines in Indonesian (translated into English);
3. Meeting with Indonesian Supreme Court judges to present the guidelines;
4. One meeting of Supreme Court judges with peers from other South-East Asian countries retaining the death penalty for drug offences (to be organized together with HRI).
Place of work: Indonesia. It is an essential requirement that the consultant/organization be based in Indonesia.
Reports to: Giada Girelli, Human Rights Analyst, Harm Reduction International
Duration of consultancy: The project will last indicatively six (6) months, dependent on receipt of funding, and it is to be concluded by 31 December 2019.
Deadline for application: April 26, 2019. Please send the following to Giada.firstname.lastname@example.org:
Description of organization (including expertise on the death penalty and experience working in Indonesia, and with judges) – not more than one page;
Draft, summary activity plan;
Proposed budget, within the limit of Eur 20,000, including human resources costs, meeting and related travel costs for all deliverable activities.