Dear friends,
The Asian Human Rights Commission (AHRC) welcomes the news that the Supreme Court in Indonesia has finally agreed to a second case review for three men on death row in Poso, Central Sulawesi. Fabianus Tibo (60), Dominggus Da Silva (42) and Don Marinus Riwu (48) were charged with inciting communal conflict in Poso, Central Sulawesi in 2000. Their appeal for clemency was rejected by President Yudhoyono on 10 November 2005. On 6 April 2006, the Supreme Court rejected a second review for clemency, which was made after new evidence had been uncovered. This evidence apparently indicates the involvement of police and army officers in the conflict, which explains the pressure to expedite their executions. The Supreme Court announced on 17 April 2006, however, that a five-member panel of judges would deliberate the second case review. While this comes as a great relief and it is hoped that these three mens lives will be saved, the AHRC remains concerned by comments made by the Attorney General that his office will not accept any new ruling.
Following the Supreme Courts decision to form the five-member panel of judges to deliberate the second case of the three accused Catholics who are said to have orchestrated the murders of local Muslims, the Attorney Generals office issued a stay of execution, citing unfinished preparations, but it denied the order was connected to widespread protests demanding the authorities investigate other suspected leaders allegedly involved in this incident. The Attorney Generals office also referred to the Criminal Code procedure which states that there can be only one case review and therefore stated that the office would not accept any new ruling. However, Supreme Court spokesperson, Mr. Djoko Sarwoko, said that despite the Criminal Code procedure, judges could not deny a request for a second review because there was no relevant law or regulation in regards to this. Djoko acknowledged that the law must be upheld, but said a stay of execution was the most appropriate course of action as it would allow time for the case to be reviewed.
This is the first time that the Supreme Court has reviewed a case twice, and it is for this reason that the AHRC is concerned since there is no clear procedure as to how the review will proceed. It is unclear at this point in time if the review is to review the judgement or is to consider other witnesses in the case. Thus, it is unclear if this is a fresh hearing, or merely a review of the previous review. Such matters must be clarified and made public. This is particularly important given that the Attorney General is already dismissing any new ruling of the review and has stated that his office is still preparing the execution.
SUGGESTED ACTION:
Please write to the relevant authorities in Indonesia requesting that the procedure for the second review of this case be made clear before the review itself goes ahead.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Supreme Court agrees to review Poso 3 case
I write to you regarding the recent decision by the Supreme Court to allow a second case review for three men--Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu--on death row in Poso, Central Sulawesi.
I am aware that their appeal for clemency was rejected by President Yudhoyono on 10 November 2005. On 6 April 2006, the Supreme Court rejected a second review for clemency, which was made after new evidence had been uncovered. This evidence apparently indicates the involvement of police and army officers in the conflict, which explains the pressure to expedite their executions. The Supreme Court then announced on 17 April 2006, that a five-member panel of judges would deliberate the second case review.
While I welcome this news I am also aware that following the Supreme Courts decision to form the five-member panel of judges to deliberate the second case of the three accused, the Attorney Generals office said that the reviews outcome would not change the sentence for masterminding sectarian violence. Thus, any new ruling would not be accepted and the execution would therefore still go ahead.
This is the first time that the Supreme Court has reviewed a case twice, and it is for this reason that I am concerned since there is no clear procedure as to how the review will be conducted. It is unclear at this point in time if the review is to review the judgement or is to consider other witnesses in the case. Thus, it is unclear if this is a fresh hearing, or merely a review of the previous review. Such matters must be clarified and made public. This is particularly important given that the Attorney General is already dismissing any new ruling of the review and has stated that his office is still preparing the execution.
I therefore call on all the relevant authorities in Indonesia to clarify this situation immediately so that the review can proceed without any confusion. I also take this opportunity to remind the officials in Indonesia that the death penalty is in direct contradiction to the right to life upheld by the Indonesian constitution as well as the International Covenant on Civil and Political Rights, to which Indonesia is a state party.
Yours sincerely,
---------------------------------------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Negara
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 3457782
Email: presiden@ri.go.id
2. Mr. Abdul Rahman Saleh
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id
3. Mr. Abdul Hakim Garuda Nusantara
Chairperson
The National Commission on Human Rights of Indonesia (Komnas HAM)
Jl. Latuharhary 4B
Jakarta Pusat 10310
INDONESIA
Tel: + 62 21 3925230
Fax: + 62 21 3925227
Email: info@komnas.go.id
4. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Menteri Kehakiman dan Hak Asasi Manusia,
JI. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: + 62 21 525 3095
5. Mr. M. Ichsan Loulembah
Chief of Conflict Area's Caucus
District Legislative Council
Gedung DPR/MPR RI
Jl. Gatot Subroto No. 6
Jakarta
INDONESIA
Tel : + 62 21 5715509; 5715344; 5715621
Fax : + 62 21 5714469, 5734389
Website : www.dpr.go.id
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
E-mail: scronin@ohchr.org
7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
