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INDONESIA: Three men face execution after President rejects appeal for clemency

November 11, 2005

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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

Document Type :
Urgent Appeal Case
Document ID :
UA-205-2005
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.