[RE: UA-205-2005: INDONESIA: 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; UP-105-2006: Supreme Court panel rejects death penalty review even though new evidence may exist; UP-157-2006: Three men in Poso face imminent execution on August 12]
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INDONESIA: Right to life; death penalty; fair trial
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Dear friends,
The Asian Human Rights Commission (AHRC) urgently calls for your immediate intervention regarding imminent execution of three men on death row in Poso, Central Sulawesi, Indonesia scheduled for 00:15am tomorrow on 22 September 2006. Previously, their earlier execution scheduled for August 12 was postponed at the last minute after the strong pressure from the international human rights community and Vatican (UP-157-2006). All the preparations for their execution have reportedly been completed by the police. However, the family members of the three men continue to protest their innocence. The family and the human rights groups have been insisting that their right to a fair trial has been violated and the case should be reviewed. Please immediately write to the President of Indonesia and urge him to order a stay of execution for the three concerned men.
The three men who are to be executed early tomorrow morning are Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu, who were convicted in 2001 with inciting communal conflict in Poso in 2000 in which about 200 Muslims were massacred. The three have always protested their innocence and many witnesses backing their claim were never given a hearing throughout their trial. National and international calls for a review of their case have been similarly ignored. Their execution date was postponed several times due to pressure from the international community.
Regarding this case, the president had already rejected the men’s appeal for clemency in November 2005. Beside this, despite possible new evidence that might find the defendants innocent, the Supreme Court also decided not to do a second review on this case in May 2006 simply due to the technical reason that a case review could be filed only one time under the Indonesia’s legal system (See further: UA-205-2005, UP-090-2006 and UP-105-2006). The three men appealed again for presidential clemency for a second time in this August.
The execution decision was reportedly made following a coordination meeting with the Central Sulawesi Police. According to an article of the Jakarta Post, the three men will face a firing squad at an undisclosed location near Palu’s Mutiara Airport. The report also said that security has been tightened and with 4,000 police officers deployed across the province.
SUGGESTED ACTION:
Please immediately write to the president of Indonesia urging him to immediately order a stay of execution of the three men. Please also send a copy of your letter to other relevant authorities listed below and call for their immediate intervention.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Please stop imminent execution of the three men in Poso on September 22
I am writing to urge your urgent intervention for the men in Poso who are facing imminent execution scheduled for 00:15am tomorrow on 22 September 2006. The three men are Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu, who were convicted with inciting communal conflict in Poso in 2000. I am very annoyed that this decision was made even though the three men appealed again for presidential clemency for a second time in this August and are still waiting for the president's response.
I am also fully aware that the men's family and human rights groups raised their concern to the government that the men's right to a fair trial has been violated. They insist that several witnesses backing their claim were never given a hearing throughout their trial. I also aware that despite possible new evidence that might find the defendants innocent, the Supreme Court refused to do second review on this case in May 2006 simply due to the procedural aspects of the review that a case review could be filed only once under the country's legal system.
Right to life is the utmost fundamental right of people and therefore the death sentence must only be made after careful and thorough review and consideration of the case. I therefore think that the government's decision violates Indonesia's international obligation as a state party to 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. Indonesia is also a member to the UN Human Rights Council and it has the primary obligation to protect and uphold these fundamental human rights for its citizens. If the Indonesian government executes the three men, it will never be able to justify their place on the UN Human Rights Council.
I therefore strongly urge your Excellency to immediately order a stay of execution for these three men. Their execution must be postponed until thorough investigations are completed in their claim of denial of right to a fair trial and possible new evidence. I also urge the Indonesian government to introduce a moratorium on all death penalty cases in the meantime, and subsequently abolishing the death penalty altogether.
Please exercise your authority to save these three men's lives so that their fundamental rights of the right to life and a fair trial are not violated.
Yours sincerely,
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SEND YOUR LETTER TO:
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
SEND A COPY OF YOUR LETTER TO:
1. 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
2. Prof Dr. Bagir Manan
Chief of Justice Supreme Court
Mahkamah Agung RI
Jl. Medan Merdeka Utara No. 11-13
Jakarta Pusat 10110
INDONESIA
Tel : +62-21-3811957/3452223
Fax : + 62-21-381 0357
3. Mr. Hamid Awaluddin
Minister Justice and Human Rights
Departemen Hukum dan Hak Asasi Manusia
Jl. Rasuna Said Kav. 6-7, Kuningan
Jakarta Selatan
INDONESIA
Fax: + 62 21 5265480
Email: pp@depkumham.go.id
4. 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
5. 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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
