UNITED ARAB EMIRATES: Indonesian national sentenced to death by stoning

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA000314
ISSUES: Caste-based discrimination,

MARCH 8: We have received some very disturbing information from the Indonesian Women’s Solidarity for Human Rights organisation (Perserikatan Solidaritas Perempuan) regarding an Indonesian domestic worker named Kartini, who has been sentenced to death by stoning in the United Arab Emirates, where she had been working legally in the city of Fujairah. 

In 1999, Kartini became pregnant, was accused of adultery by her employers, and delivered her baby in detention. [The man responsible for the pregnancy has apparently disappeared without trace]. The report from the IWSHR goes on to explain what happened to Kartini: 

\”Earlier this year, alone and equipped with barely any word of the local language, she was summoned to face trial at the Syariah Fujairah Municipal Court without any legal assistance whatsoever and went through the local proceedings unattended by any translator/interpreter. The court found her 
guilty of adultery and sentenced her to death by stoning.\” 

The Indonesian Embassy in the UAE was not notified until after the death sentence was handed down. Now that they know, the Indonesian government and non-government envoys, including Kartini’s husband and teenage son, are 
rushing to the scene to assist Kartini in her appeal to a higher court in Fujairah. 

BACKGROUND INFORMATION 

The United Arab Emirates (UAE) has sentenced foreign nationals to death by stoning for adultery before. In 1995 this happened to a pregnant woman, but the sentenced was fortunately overturned in the Court of Appeal, reducing 
it to a prison sentence of 9 months and 100 lashes [Amnesty International Report 1995]. 

President Zayed, Head of State of the UAE (an Islamic Federation of Emirates) 
sees himself and the UAE as tolerant and forgiving, stating: 
\”Islam is a civilising religion that gives mankind dignity. A Muslim is he who does not inflict evil upon others. Islam is the religion of tolerance and forgiveness, and not of war, of dialogue and understanding. It is Islamic social justice which has asked every Muslim to respect the other. To treat every person, no matter what his creed or race, as a special soul is a mark of Islam. It is just that point, embodied in the humanitarian tenets of Islam, that makes us so proud of it.\” 

The previously overturned stoning sentence and these words of the President, along with the desire of the UAE to engage openly with the rest of the world, give us some hope that Kartini’s life can be spared if enough international pressure can be brought to bear. 

ACTION REQUESTED 

Please write quickly to the President and Minister of Justice whose addresses appear below. You may use the following letter as your guide. 

HH President Sheikh Khalifa bin Zayed Al Nahyan, 
President, Supreme Council of United Arab Emirates 
Presidential Court 
280, Abu Dhabi 

14th March 2000 

Your Excellency, 

I am writing to urge you to overturn the death sentence that has been handed down on the Indonesian domestic worker, Kartini. 

It has come to my attention that, after being accused of adultery and detained for some time, Karsini was taken before the Syariah Fujairah Municipal Court and tried without any legal assistance, or even an interpreter to allow her to 
defend herself. I am certain you are unhappy with this process, as are many people around the world as they learn of the plight of this woman. Basic human rights standards demand a free and fair trial, which is obviously not possible 
without understanding what is happening or having access to legal representation. 

For a nation seeking to engage in freely with the rest of the world, it may be inappropriate to continue the practice of the death sentence, particularly in the circumstances surrounding Kartini’s trial. Death by stoning would be viewed by most nations and most people in the countries with which you seek to engage as brutal and inhumane. There are many ancient practices and traditions that add value and meaning to a odern society – the death penalty by stoning for adultery is surely not one of them. 

I know that you are a man of great faith, and once you said \”Islam is the religion of tolerance and forgiveness….of dialogue and understanding. It is Islamic social justice which has asked every Muslim to respect the other. To treat every person, no matter what his creed or race, as a special soul is a mark of Islam.\” I humbly ask you to think of Karsini as a ‘special soul’, and to show great tolerance and understanding of her situation. Please overturn her sentence and let her get on with her life. 

I have alerted my national embassy in your country to the situation of Karsini, and am assured that they will monitor the case closely. We all expect and hope that you will find it in your heart to overturn Karsini’s death sentence. 

Yours sincerelym, 

————————————– 
SEND URGENT APPEALS TO: 

HH President Sheikh Khalifa bin Zayed Al Nahyan, 
President, Supreme Council of United Arab Emirates 
Presidential Court 
280, Abu Dhabi 
TEL: 971-2-652000 
SALUTATION: Your Excellency 

H.E. Mohammed Nakhira Al Dhahiri 
Minister of Justice, Islamic Affairs and Awqaf 
P.O. Box 753 
Abu Dhabi, U.A.E 
Telephone: 971 2 652224 
SALUTATION: Dear Minister 

Please also write to your national Embassy in the UAE, urging them to monitor and intervene in this case before it is too late. Also, you can write to, visit or call your local United Arab Emirates Embassy with the same message: \”Free Kartini\”. 

Document Type : Urgent Appeal Case
Document ID : UA000314
Countries : Indonesia,
Issues : Caste-based discrimination,