UPDATE (Indonesia): Three men in Poso face imminent execution on August 12 

[RE: UA-205-2005: INDONESIA: Three men face execution after President rejects clemency; UP-070-2006: INDONESIA: Death sentence must be stayed and new evidence thoroughly investigated; UP-090-2006: INDONESIA: Supreme Court agrees to review Poso 3 case; UP-105-2006: INDONESIA: Supreme Court panel rejects death penalty review even though new evidence may exist]
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UP-157-2006: INDONESIA: Three men in Poso face imminent execution on August 12

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 12:00am on 12 August 2006. The three men are Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu, who were charged with inciting communal conflict in Poso in 2000. Regarding this case, the president has already rejected the men’s appeal for clemency in November 2005 and Supreme Court also decided not to do second review on this case in May 2006. (See further: UA-205-2005, UP-090-2006 and UP-105-2006). As all the domestic legal redress have been exhausted for this case, the only chance to save these people’s lives is that the president of Indonesia immediately order a stay of execution in this particular case. Meanwhile, the AHRC has also been informed by the local human rights organization Kontras regarding another upcoming execution on August 22 of three men on death row for the 12 October 2002 Bali Bombings. Please immediately write to the President of Indonesia and urge him to order a stay of execution the three concerned men. The government of Indonesia should also begin working towards the abolishment of the death penalty.

On 8 August 2006, the Poso District Attorney General sent a letter no. SR.65/R.2.10/1/8/2006 to Fabianus Tibo’s family that announced the execution of Fabianus Tibo, Dominggus Da Silva and Don Marinus Riwu at 12:00am on 12 August 2006. The letter was delivered to the family via Damanik who is a prominent protestant priest in Poso. The family refused to receive the letter but their refusal had no impact on law procedure in this case.

At this moment, the only chance to save these people’s lives is that the president of Indonesia immediately orders a stay of execution for the three men. 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 (ICCPR), to which Indonesia is a state party.

The AHRC is particularly concerned that the execution was announced 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. However, the Supreme Court rejected an appeal to hold a second review on this case in May 2006 with the claim 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. Instead of considering the contents of the case with new evidence, the Supreme Court merely concerned itself with the procedural aspects of the review (See further: UP-105-2006). The three men also have claimed that their right to a fair trial having been denied.

Right to life is the utmost fundamental right of people and therefore the government’s decision of the execution should be made after careful and thorough review and consideration of the case. Therefore, the three men should in no circumstances be executed before thorough investigations are completed in their claim of denial of right to a fair trial and possible new evidence.

Meanwhile, In Indonesia, several local groups are planning to hold a campaign to urge the government to stop execution of the three men. In Jakarta, the NGO and religious leaders and scholars under the coordination of the HATI- Erased Death Penalty Network will hold a press conference at 11:00am on August 10 to urge the government’s immediate action to stop execution.

In Palu Central Sulawesi, NGOs, religious leaders and scholars under the coordination of the KOMA – Coalition of Death Penalty, also plan to hold the press conference at 9:00am on August 10 and a candlelight campaign at 8:00pm on the following day (August 11) regarding the same matter.

In the press conferences the local groups will not only talk about the Poso case but also criticize the action taken by the government on the death penalty and upcoming execution. Three Muslim men charged for October 2002 Bail Bombings are facing imminent execution on August 22. The local groups say that the government is forcing the executions despite disagreement of many of the families of the victims. The three men are Imam Samudra, Amrozi bin Nurhasyim, Ali Gufron (Mukhlas). Ironically, three men in Poso are all Catholics while three men in the Bali bombing case are Muslim. The local groups criticize that the government arranged this so as to look neutral and fair to public.

Amnesty International has also reported that the suspects might have not received a fair trial in both cases.

SUGGESTED ACTION:
Please write to the president of Indonesia urging him to immediately order a stay of execution in this particular case in Poso. Please also send a copy of your letter to other relevant authorities and urge their immediate action.

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