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24 January 2025

Serge Atlaoui Set To Return To France After Death Row Agreement

The long-awaited transfer signals potential changes for drug policy discussions between Indonesia and France.

Indonesia and France are poised to sign a significant agreement concerning the fate of Serge Atlaoui, a Frenchman who has been on death row for nearly two decades for alleged drug offenses since his arrest in 2005.

According to Indonesian Minister Yusril Ihza Mahendra, this agreement will be formally signed on January 24, 2023, at 3:00 PM local time (0800 GMT). Atlaoui, now aged 61, could potentially be repatriated to France shortly thereafter, with plans to have him return on either February 4 or February 6.

This development is particularly poignant as Atlaoui has adamantly maintained his innocence throughout his imprisonment. His contention is rooted in the belief he was unknowingly working in what he presumed was an acrylics factory, not realizing it was tied to illicit drug production.

Yusril expressed optimism about the signing, affirming, "We will sign the arrangement tomorrow at 3 pm. The Minister of Justice of France already confirmed today." Following the signing of the agreement, there will be press announcements to elaborate on Atlaoui's future.

Atlaoui was sentenced to life imprisonment for his role as a chemist at a drug factory capable of generating large quantities of ecstasy. This sentence was escalated to death by the Indonesian Supreme Court following an appeal. Currently, he resides at Tangerang Prison, having previously been held on Nusakambangan Island, often dubbed Indonesia's 'Alcatraz' because of its strict conditions.

Health concerns have surrounded Atlaoui, especially as he has been receiving weekly medical treatment for unspecified illnesses. His prolonged stay on death row and deteriorated health raised questions about his transfer's timing.

Initially, the agreement's signing was meant to occur earlier but faced delays for scheduling purposes. Despite these postponements, the forthcoming decision reflects Indonesia's recent adjustments to its death row policies, especially following releases of several high-profile detainees.

The backdrop of this agreement is Indonesia's stringent stance on drug-related crimes, which historically has led to the execution of numerous foreigners. Reports suggest there are still around 530 individuals on death row, intensifying the scrutiny on capital punishment within the Southeast Asian nation.

Atlaoui's transfer agreement emerged only after diplomatic engagements by the French government, which has shown persistent interest for nearly 20 years. Paris submitted the official request for Atlaoui's transfer last month, aligning with broader discussions on the treatment of foreign prisoners.

Once transferred, the responsibility for Atlaoui's case will fall onto the French justice system. Yusril noted, "After the transfer, all depends on the French government, whether they want to give him clemency or giving sentences according to the French law," emphasizing the potential for reduced punishment under French legislation.

Public sentiment remains mixed concerning Atlaoui's case, with some expressing empathy for his plight and advocating for his clemency, arguing from the perspective of humanitarian grounds and the protracted nature of his legal struggle. Meanwhile, discussions surrounding the potential resumption of executions by the Indonesian government signal complicated layers to the narrative of drug enforcement policies.

Last year, the Indonesian government hinted at reviving executions paused since 2016, prompting anxieties among many on death row. Atlaoui's impending release could indicate some shift but doesn't erase the reality of harsh laws facing others caught under similar circumstances.

The upcoming signing of the agreement reflects not just Atlaoui's chances for freedom but serves as another chapter within Indonesia's broader dialogue on international relations, human rights, and the moral intricacies of capital punishment.

Atlaoui's case highlights the struggle faced by many foreign nationals caught within another country's judicial ambit, particularly when drug laws can result in severe penalties like death. It remains to be seen how France will navigate its responsibilities once Atlaoui returns.

The prospect of his return offers hope of closure for Atlaoui after nearly 20 years of incarceration, alongside the possibility of remedial action by the French government. The upcoming weeks promise significant developments as both nations outline the path forward post-agreement.