Indonesian execution 'negligent'

Indonesia violated protocols and legislation when it executed a Nigerian man by firing squad last year, the Ombudsman has found.

Indonesia's execution of a Nigerian man last year was "negligent" and should not have been carried out, with the country's watchdog accusing the attorney-general office of "maladministration".

Humphrey Jefferson Ejike Eleweke was among four men who faced a firing squad on July 29 last year on the notorious Nusakambangan island - the same place where Australians Andrew Chan and Myuran Sukumaran were executed, along with six others, in April 2015.

Eleweke's execution was decried by his lawyer Ricky Gunawan, who referred it to the ombudsman, arguing that it flew in the face of legislation stipulating the death penalty could not be carried out if a clemency request was underway.

Following several months of investigation, the ombudsman on Friday agreed, finding the execution should not have been carried out.

"Based on the Ombudsman investigation from 2016 complaint (by Mr Gunawan), there has been institutional negligence, which is classified as maladministration," Ombudsman Ninik Rahayu told AAP.

The report, released in Jakarta on Friday, found the execution went against clemency legislation and that prosecutors and the attorney-general failed to provide the required 72 hours notice.

In the hours leading up to Eleweke's death, Ms Rahayu said the family and his lawyer was given "almost no information".

It was clear the execution had been carried out "in a hurry", she said.

At the time Eleweke was among 14 people scheduled to be executed, but 10 were given a last minute stay.

No explanation was given as to why - with the attorney-general's office simply stating that they would face the death penalty at a later unspecified date.

"There should be at least an explanation to the public, what Humphrey's actual status was? I don't understand this," Ms Rahayu said.

At this point she said the ombudsman could only give "advice".

The attorney-general has 60 days in which to respond, after which the ombudsman may then make recommendations that would go all the way to President Joko Widodo.

They have advised the attorney-general to "pay attention" to changes in the clemency laws; improve the process of executions around notifications to the family; and give a "warning" to those who failed to follow proper procedure when executing Eleweke.

Eleweke, 43, had maintained his innocence after being arrested for drug possession in Jakarta in 2003.

His lawyer Mr Gunawan had previously described him as another victim of the country's "corrupted" and "broken" legal system, alleging he was held without access to a lawyer for five months after his arrest, did not have an interpreter at trial and was beaten during interrogations.

The attorney-general's office has been contacted for comment.


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Source: AAP



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