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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

11 November 2005
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UA-205-2005: INDONESIA: Three men face execution after President rejects appeal for clemency

INDONESIA: Right to life; Death penalty; Fair trial
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that Indonesian President Mr Susilo Bambang Yudhoyono has on 10 November 2005 refused to grant clemency to three men sentenced to death. Fabianus Tibo (60), Dominggus Da Silva (42) and Don Marinus Riwu (48) will apparently be executed by firing squad after being charged with inciting communal conflict in Poso, Central Sulawesi in 2000.

Furthermore, it has been reported that the court process resulting in the three men being sentenced to death was impartial, violating their right to fair trial. The trial in Palu, Central Sulawesi was a farce, with the judges not taking into account the testimony of the witnesses for the accused. The high court in Sulawesi Tengah as well as the Supreme Court in Jakarta have also not considered these factors in rejecting the victims' appeal for review.

With the increasing violence in Poso, it is important to establish the facts of what happened in the communal conflict in 1998 until today. One of the men sentenced to death, Fabianus Tibo, was able to give 16 names of those inciting the conflict in 1998. This is useful information and should be taken into serious consideration by the Indonesian government and law enforcement agencies.

We urge for your urgent intervention in this matter. Please write letters to the Indonesian authorities, especially to President Yudhoyono, requesting that the men be granted clemency. Please also urge that the death penalty be abolished in Indonesia, as it is against basic human rights principles, enshrined within the Indonesian constitution as well as international covenants.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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Sample letter:

Dear President Susilo Bambang Yudhoyono
I am gravely concerned by your decision to refuse clemency to three men sentenced to death--Fabianus Tibo (60), Dominggus Da Silva (42) and Don Marinus Riwu (48).
While the men have been charged with inciting communal conflict in Poso, Central Sulawesi in 2000, it has been reported that the court process resulting in their death sentence was impartial and violated their right to fair trial. The trial in Palu, Central Sulawesi was a farce, with the judges not taking into account the testimony of the witnesses for the accused. The high court in Sulawesi Tengah as well as the Supreme Court in Jakarta have also not considered these factors in rejecting the victims' appeal for review.

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.

With the increasing violence in Poso, it is important to establish the facts of what happened in the communal conflict in 1998 until today. One of the men sentenced to death, Fabianus Tibo, was able to give 16 names of those inciting the conflict in 1998. This is useful information and should be taken into serious consideration by the Indonesian government and law enforcement agencies.

I urge you to reconsider your decision and cancel the execution order. I further urge you to abolish the death penalty in Indonesia, as it is against basic human rights principles.

PLEASE SEND A 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: president@ri.go.id

PLEASE SEND COPIES 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. 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

3. 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

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. Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers
Mr. Leandro Despouy
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
Switzerland
Tel: +41 22 917 9160
Fax: +41 22 917 9006
E-mail: scronin@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission