Challenges in representing individuals with mental disorders facing the death penalty in Indonesia

# Below the slide presentation only  of what was prresented at the 6th World Congress in Oslo (21-23 June 2016)

Challenges in representing individuals with mental disorders facing the death penalty in Indonesia

Ricky Gunawan
Director
LBH Masyarakat | Community Legal Aid Institute

Challenges (1)
•INTERNAL
• Communication
• Knowledge on mental health

Challenges (2)
•EXTERNAL
• Psychiatry
• Law enforcement agencies
• Public perception

The case of Rodrigo Gularte (1)
• 31 July 2004: Rodrigo arrived in Indonesia with his two friends, Fred Silva Magueta and Emerson Vieira Guimares from Curitiba, Brasil
• 7 February 2005: Tangerang District Court sentenced Rodrigo to death for importing cocaine
• 10 May 2005: Banten High Court rejected Rodrigo’s appeal and upheld the district court’s decision
• Rodrigo did not appeal the Banten High Court’s decision to the Supreme Court because he was not assisted by any lawyers at this stage
The case of Rodrigo Gularte (2)
• In 2009, Rodrigo lodged a case review to the Supreme Court.
• 1 June 2011: Supreme Court rejected Rodrigo’s case review application
The case of Rodrigo Gularte (3)
• In 1982 (10 years old): Rodrigo was diagnosed of having cerebral dysrhythmia
• In 1987: Rodrigo had drug addiction problem
• From March 1996 until November 1996: Rodrigo was diagnosed of having bipolar affective disorder, hyperactivity and attention deficit disorder, and multiple-drug addiction syndrome
The case of Rodrigo Gularte (4)
• In 1999: Rodrigo was hospitalized in Eirene Psychiatric Sanatorium
• In 2014: Rodrigo was diagnosed of having paranoid schizophrenia
• 11 February 2015: Cilacap Regional Hospital examined Rodrigo: paranoid
schizophrenia and bipolar disorder
The case of Rodrigo Gularte (5)
• In March 2015: Rodrigo’s legal team filed a request to the Ministry of Law and Human Rights, and the Attorney General Office to transfer Rodrigo to a mental health
facility
• 22 April 2015: a guardianship petition, on behalf of Rodrigo Gularte, was lodged to Cilacap District Court.
• 27 April 2015: Cilacap District Court set the first hearing to take place on 6 May 2015.
• 29 April 2015: Rodrigo was executed
A way forward (1)
•Legal protection:
• Alternative sentencing for people facing the death penalty/execution who developed their mental disorders while in prison/awaiting execution
• Explicit laws on prohibition of execution of individuals with mental disorder
• Capacity building for law enforcement agencies
A way forward (2)
•Medical protection
• Regular mental health assessment for people facing the death penalty/execution
• Improve database of mental health history of people facing the death penalty/execution
• Sensitization for psychiatrics
A way forward (3)
•Advocacy
• Build stronger networks among capital defence lawyers
• Strengthen human rights organizations that are actively involved in the abolition movement
• Foster more research on the death penalty and mental health
• Documentation of mental health situation in prisons
T e r i m a k a s i h !

Ricky Gunawan
rgunawan@lbhmasyarakat .org

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