Indonesia and France are set to sign an agreement on Friday (Jan 24) to repatriate Serge Atlaoui, a French national on death row in Indonesia for drug-related offences. The arrangement was confirmed by Yusril Ihza Mahendra, Indonesia’s senior minister for law and human rights affairs.
Atlaoui, who has been imprisoned in Indonesia since 2005, is expected to return to France in early February, with his departure tentatively scheduled for Feb 5 or Feb 6. The repatriation marks a significant moment in the long-standing legal and diplomatic saga surrounding Atlaoui, whose case has drawn attention from human rights groups, governments, and the international community.
Serge Atlaoui was sentenced to death in Indonesia for his role as a chemist in an ecstasy factory in Jakarta capable of producing an estimated 100 kilograms of illegal pills weekly. However, the 54-year-old Frenchman has steadfastly maintained his innocence, asserting that he believed he was employed in an acrylics factory.
The controversy surrounding his conviction reached its peak in 2015 when Atlaoui narrowly escaped execution. At the time, he was among eight foreign prisoners slated for execution by firing squad, but he was granted a last-minute reprieve, reportedly due to ongoing diplomatic negotiations and legal appeals.
Despite subsequent appeals, the Indonesian courts upheld Atlaoui’s death sentence, leaving him without further legal recourse. His fate has since remained a point of contention between the Indonesian and French governments, as well as a focal point in debates over capital punishment and its application to foreign nationals.
The repatriation agreement, to be formalized in a virtual signing ceremony between Yusril Ihza Mahendra and French Minister of Justice Gérald Darmanin, represents months of negotiations between the two countries. According to Yusril, France has agreed to respect Indonesia’s judicial ruling, acknowledging the legality of Atlaoui’s conviction under Indonesian law.
“After the transfer, all depends on the French government, whether they want to give him clemency or sentences according to French law,” Yusril said in a statement.
Under French law, the maximum punishment for offences comparable to Atlaoui’s case is 30 years in prison. This starkly contrasts with Indonesia’s harsher stance on drug-related crimes, which has long included the death penalty as a cornerstone of its anti-drug policy.
The details of how Atlaoui will be handled upon his return to France remain unclear. France’s justice ministry has not yet commented on the agreement or the implications for Atlaoui’s legal status once he is back on French soil.
Indonesia’s decision to repatriate Atlaoui is unlikely to signal a shift in its hardline approach to drug offences. President Joko Widodo has been a vocal proponent of Indonesia’s strict drug laws, arguing that the country faces a drug crisis warranting tough measures.
The Widodo administration has consistently defended the use of capital punishment for drug-related crimes, despite criticism from human rights organizations and calls for its abolition from the international community.
“Indonesia has its own laws and policies regarding narcotics, and we enforce them strictly,” Yusril emphasized during Thursday’s press briefing. “This agreement does not change our commitment to combating drug-related crimes within our borders.”
However, the agreement with France underscores Indonesia’s willingness to engage diplomatically on sensitive issues, particularly when foreign nationals are involved. While Atlaoui’s case has been a contentious one, it also reflects Indonesia’s broader efforts to navigate its relationships with key international partners while maintaining its legal sovereignty.
For France, the agreement represents a delicate balancing act between upholding its opposition to the death penalty and respecting Indonesia’s legal framework. France has long advocated for Atlaoui’s release, with President Emmanuel Macron previously expressing concern over his death sentence and reiterating France’s commitment to abolishing capital punishment worldwide.
The decision to bring Atlaoui home could be seen as a diplomatic victory for France, allowing the government to ensure his safety while maintaining its stance against the death penalty. However, it also places the French justice system in a challenging position, as public opinion and legal norms will influence how Atlaoui’s case is managed domestically.
It remains to be seen whether Atlaoui will face additional legal proceedings in France or receive clemency upon his return. Any decision on his fate is likely to provoke debate within France, particularly among human rights groups and activists who have closely followed his case.
Atlaoui’s case has reignited global discussions on the use of capital punishment, particularly in cases involving foreign nationals. Indonesia’s enforcement of the death penalty has frequently been criticized by international organizations, including Amnesty International and the United Nations.
Critics argue that the death penalty is an ineffective deterrent to drug crimes and raises significant human rights concerns. Atlaoui’s case, in particular, has been cited as an example of the potential for miscarriages of justice in capital cases, especially when language barriers, legal representation, and diplomatic considerations come into play.
On the other hand, Indonesia has defended its approach, arguing that the severe penalties are necessary to combat the country’s drug epidemic. According to government statistics, millions of Indonesians are affected by drug addiction, and officials have consistently framed the issue as a national crisis.
