DEATH SENTENCE OVERTURNED FOR NURKOYAH

June 8, 2018:

JUNE 8, 2018 - SAUDI ARABIA - An Indonesian woman, Nurkoyah binti Marsan Dasan, has won an 8-year battle to escape the death penalty after she was accused of killing a 3-month-old child in Saudi Arabia. According to a statement from the Indonesian Ambassador to Saudi Arabia, the country overturned the death penalty for Nurkoyah. This comes soon after 2 other Indonesians were freed from the death penalty on May 7, 2018. Nurkoyah was accused of "ghilah" (murder with sanctions) of a 3-month-old baby, Masyari bin Ahmad Al-Busyail, by deliberately putting drugs and rat poison in his milk. After going through a long and difficult trial since her arrest on May 9, 2010, Nurkoyah finally obtained an assurance that the judge rejected the demand of "qisas" (retaliation) and "diyat" (fine) against her on May 31, 2018. The verdict was legally binding and completed the trial. During the hearing, the judge rejected "had ghilah" (death penalty) and decided “ta'zir” (a kind of disciplinary punishment) with a sentence of 6 years in prison and 500 strokes of the whip. The decision was based on Nurkoyah's confession at the time of the investigation, though she withdrew it later saying that it was made under pressure. The baby’s father, Khalid Al-Busyail, then filed a lawsuit of qisas (retaliation) against Nurkoyah. The judge of the Dammam District Court rejected the death sentence because Nurkoyah denied the allegations and the employer was unable to present other evidence to substantiate the claim. After the qisas demand against her was rejected, Nurkoyah had hoped to be released. The Embassy immediately took steps to repatriate her, but Al-Busyail, again filed diyat (ransom) on charges of negligence leading to his son's death. On April 3, 2018, the Judge rejected the diyat charge on the principle of "non bis in idem", which prohibits trying an accused more than once for the same act. The judge provided an opportunity for the employer to file within 30 days expostulation of the decision, but he did not before the deadline ended. Thus, on May 31, the Court stipulated that the legal ruling in Nurkoyah's case had been enforced. On June 2, the Indonesian Embassy formally received a copy of the Dammam General Court's decision. The Embassy then followed up by starting the process of returning Nurkoyah to Indonesia. It has been in touch with the lawyers while monitoring her condition in the Dammam prison. She will return to Indonesia immediately after an exit permit and other documents are issued by the Saudi Arabian authorities. (M. Moro fot HoC) - (Source: Antara News)