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Is the law an ass when it comes to mules? How Indonesia can lead a new global approach to treating drug traffickers as human trafficked victims

journal contribution
posted on 01.01.2018, 00:00 authored by Felicity Gerry QCFelicity Gerry QC, T Harré, N Naibaho, J Muraszkiewicz, N Boister
Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, lead to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the execution of human trafficked victims who are used as drug mules in organized crime. In countries where there is no statutory defence to criminal conduct, there is a need to approach criminal conduct in a way that protects victims. This includes mechanisms to ensure non-prosecution and non-punishment. The recent reprieve for Mary Jane Veloso, albeit temporary at the time of writing, is an opportunity for Indonesia to lead a new global approach to victim protection

History

Journal

Asian Journal of International Law

Volume

8

Issue

1

Pagination

166 - 188

Publisher

Cambridge University Press

Location

Cambridge, Eng.

ISSN

2044-2513

eISSN

2044-2521

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal; C Journal article

Copyright notice

2016, Asian Journal of International Law