[RE: UA-205-2005: Three men face execution after President rejects clemency; UP-070-2006: Death sentence must be stayed and new evidence thoroughly investigated; UP-090-2006: Supreme Court agrees to review Poso 3 case]
———————————–
INDONESIA: Right to life; death penalty; fair trial
——————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) is shocked by the news that a five-member panel of Supreme Court judges have decided that no second review is possible in the case of three men on death row in Poso, Central Sulawesi. This is even though possible new evidence has come to light, which apparently indicates the involvement of police and army officers in the 2000 conflict. In fact, it has been suggested that this new evidence is the reason for the pressure to expedite their executions.
The five-member panel have stated that the men’s second review request cannot be accepted because according to numerous Indonesian statutes, a request for review can only be submitted once: article 66 (1) of Law no. 5 of 2004 on the Supreme Court, article 28 (3) of Law no 8 of 1981 on the Criminal Procedure Code and article 23 (2) of Law no 4 of 2004 on Judicial Powers.
The panel of judges, Djoko Sarwoko, Marianna Sutadi, Timur P Manurung, Arifin A Tumpa and Paulus Effendi Lotulung, handed down a unanimous verdict on 9 May 2006 after considering the case for less than a month. According to media reports, Justice Djoko said that under the country’s legal system, a case review could be filed only once convincing new evidence came to light that could prove the defendants were innocent. He further said that the panel had not considered the contents of the case; they were merely concerned with the procedural aspects of review.
The AHRC has learnt that the police in Poso are at present investigating the claims of new evidence in the case, and is concerned that these men will be executed prior to the completion of investigations. This is particularly disturbing as there have been claims of the men having been denied their right to a fair trial. Therefore, the men should in no circumstances be executed. Indonesia has recently ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, of which the right to life is central. It must uphold its obligations under these international instruments, starting with a stay of execution in this case, and subsequently abolishing the death penalty altogether.
SUGGESTED ACTION:
Please write to the attorney general and chief justice of Indonesia, urging for a stay of execution for the three men. All claims of new evidence should be thoroughly investigated, and if necessary, a retrial sought. The Indonesian government should also work towards abolishing the death penalty.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Supreme Court panel rejects death penalty review even though new evidence may exist
I am writing to you in concern that the five-member panel of Supreme Court judges have decided no second review is possible in the case of three men on death row in Poso, Central Sulawesi. This is even though possible new evidence has come to light, which apparently indicates the involvement of police and army officers in the 2000 conflict. In fact, it has been suggested that this new evidence is the reason for the pressure to expedite their executions.
The panel of judges, Djoko Sarwoko, Marianna Sutadi, Timur P Manurung, Arifin A Tumpa and Paulus Effendi Lotulung, handed down a unanimous verdict after considering the case for less than a month. According to media reports, Justice Djoko said that under the country's legal system, a case review could be filed only once convincing new evidence came to light that could prove the defendants were innocent. He further said that the panel had not considered the contents of the case; they were merely concerned with the procedural aspects of review.
I have learnt that the police in Poso are at present investigating the claims of new evidence in the case, and am concerned that these men will be executed prior to the completion of investigations. This is particularly disturbing as there have been claims of the men having been denied their right to a fair trial. Therefore, the men should in no circumstances be executed.
Indonesia has recently ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, of which the right to life is central. It must uphold its obligations under these international instruments, starting with a stay of execution in this case, and subsequently abolishing the death penalty altogether.
I urge you to exercise the authority of your office and ensure that the fundamental rights of the three men are not further violated.
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. Prof. Dr. Bagir Manan
Chief Justice
Supreme Court
Jalan Merdeka Utara No. 11 - 13
Jakarta Pusat 10110
INDONESIA
Tel: +62 21 3811957 / 345 2223
Fax: +62 21 381 0357
PLEASE SEND COPIES TO:
1. 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
2. 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
3. Mr. Busyro Muqoddas
Chairperson of Judicial Commission
Jalan Abdul Muis No. 8
Jakarta
INDONESIA
Tel: +62 21 3865661
Fax: +62 21 3863147
Email: busyiyri@yahoo.co.id
4. 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
5. 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
6. 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)
