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dihadiri oleh Pemohon Peninjauan Kembali/Terpidana dan Jaksa Penuntut Umum. Hakim – Hakim Anggota, Ketua, Ttd. Ttd Dr.Artdjo Alkostar,SH.LLM. Dr.H.Parman Soeparman,SH.MH Ttd H.Imam Harjadi, SH. Panitera Pengganti, Ttd Torowa Daeli, SH.MH. Untuk salinan Mahkamah Agung R.I. a.n. Panitera, Panitera Muda Pidana M.D.PASARIBU,SH.M.Hum. NIP.04003 6589. Hal. 9 dari 9 hal. Put. No.18 PK/Pid/2007

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Humprey Ejike alias Doctor

CASE BRIEF

Jurisdiction

Indonesia

Nationalities

Indonesian

Case Title: Humprey Ejike alias Doctor

Age at Offence: 29

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Christian

Jurisdiction - Geolocation

Latitude: -6.293782809685137

Longitude: 106.84001863002779

Jurisdiction - Geolocation (linked CASE BRIEF): Indonesia

Contributing TRP Partner

Institute for Criminal Justice and Reform (Indonesia)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Executed

Year when sentenced to Death Row: 2000s: 2004

Method of Execution: Firing/Shooting: Squad

Rights Allegedly Violated

Fair Trial and Due Process: Fair investigation & fair disclosure

Nature of Offences for Death Penalty

Drug Crime

Case Background (300 words max): On August 2, 2003, Humphrey Ejike alias Doctor, a man of Nigerian nationality, was arrested and searched by the police at a restaurant where he also lived. In the process of arrest and search, the police found heroin with a gross weight of 1.7 kg in 5 (five) socks in the defendant's spring bed. The defendant was sentenced to death and executed in July 2016. In fact, the Ombudsman of the Republic of Indonesia (ORI) has concluded that the Attorney General committed maladministration in Humphrey's execution, because at that time Humphrey was applying for clemency. Based on Article 13 of Law No. 22 of 2002 concerning Clemency, execution cannot be carried out before the Presidential Decree on clemency. Then it is very unfortunate that during the examination at the police, the defendant also experienced torture.

Defence Arguments (200 words max.): During the judicial review process, new evidence (novum) was presented by Humprey's legal counsel, including a statement and testimony from Dennis Attah (currently serving a sentence at Cipinang Prison). Dennis Attah stated that when Humprey was interrogated at the Metro Jaya Police Headquarters in Mr. Hendra Jhoni's office, the police physically assaulted him for hours. Humprey was not allowed to sit and was forced to stand with his hands handcuffed and eyes blindfolded, while his legs were pinned, and he appeared to be extremely exhausted. Whenever Humprey answered "I don’t know" to any questions, he was beaten until he bled, and eventually, the police directed the interrogation towards a confession from Humprey, which had already been arranged by the police.

Judgement with Headnotes (200 words max): On the claim of torture experienced by the defendant, the panel of judges of the Central Jakarta District Court rejected the claim as unjustified according to the law. The consideration was based on the testimony of the verbalistic who submitted the testimony under oath that during the examination it had been carried out according to procedure and there was no pressure or torture on the defendant, and the judge did not see any other evidence that showed the existence of torture. In the second review process, the defendant's application was rejected by the Supreme Court.

Legal Representation Received

Trial: Private
Appeal: Private
Pre-trial: Unknown
Second Appeal: Unknown

Legislation Related to the Offence(s): The Law No. 22 of 1997 on Narcotics

Case Brief Entry Status: Entry in Progress

Language of Case Materials

Bahasa Indonesia

Primary Documents

First Instance Judgement - Humprey Ejike alias Doctor
Indonesian
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Cassation Judgement - Humprey Ejike alias Doctor
Indonesian
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Appeal Judgement - Humprey Ejike alias Doctor
Indonesian
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Case Review Judgement - Humprey Ejike alias Doctor
Indonesian
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Death Penalty Defence - Asia

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Humprey Ejike alias Doctor

Primary Documents

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