URGENT ACTION APPEAL
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15 November 2005
UA 286/05 Fear of imminent execution
INDONESIA
Fabianus Tibo (m), aged 60
Dominggus da Silva (m), also known as Domi, aged 42
Marinus Riwu (m) aged 48
Amnesty International is concerned that Fabianus Tibo,
Dominggus da Silva and Marinus Riwu may face imminent
execution after their appeal for clemency was rejected by
President Susilo Bambang Yudhoyono on 10 November.
A spokesman for the Attorney General reportedly stated on
11 November that the preparations for the execution would
begin as soon as the Attorney General received official
notification that clemency had been denied. His office said
that the executions would be by firing squad, and that the
three men would be informed three days in advance of the
date of their execution.
Fabianus Tibo, Dominggus da Silva and Marinus Riwu were
sentenced to death by Palu District Court in Central Sulawesi
province in April 2001, and their sentences were upheld by
the Central Sulawesi High Court and the Indonesian Supreme
Court later the same year. They were sentenced to death for
committing premeditated murder and inciting riots, following
ethnic and religious violence in the town of Poso, Central
Sulawesi, in May 2000.
In addition, Amnesty International is concerned at reports
indicating that the trial of the three men in Palu District
Court did not meet international standards of fairness. In
particular, there are concerns that witness testimony provided
as evidence by the defence may have been ignored by the
Court when giving its verdict. There were also reports that
there were armed demonstrators outside the courthouse,
demanding the conviction of the three men. Amnesty
International is concerned that this intimidation may have
affected the outcome of the trial.
BACKGROUND INFORMATION
To Amnesty International's knowledge, Indonesia has
executed two people in 2005: Astini (see UA 303/04, ASA
21/048/2004, 10 November 2004) in March 2005, and
Turmudi bin Kasturi in May 2005. Both were convicted of
murder.
Following the execution of two men in May 2001, there was a
de facto moratorium on the death penalty in Indonesia until
2004. Prior to 2001, there had been no executions in the
country for six years. In October 2005, the Indonesian
Parliament ratified the International Covenant on Civil and
Political Rights (ICCPR) which promotes the right to life.
However, they did not ratify the Second Optional Protocol to
the ICCPR, aimed at the abolition of the death penalty.
More than 66 people are believed to be under sentence of
death in Indonesia. The Indonesian Commission on Human
Rights (Komnas HAM) noted in 2001 that, "Aside from
being internationally recognized as a human rights violation
in itself... the death penalty administered by a corrupt
judiciary is extremely dangerous." Following his visit to
Indonesia in July 2002, the UN Special Rapporteur of the
Commission on Human Rights on the independence of
judges and lawyers expressed concern regarding corruption
within the judiciary.
Amnesty International opposes the death penalty
unreservedly in all cases. Every death sentence is an affront to
human dignity, every execution a symptom of a culture of
violence, rather than a solution to it. Today, 120 countries are
abolitionist in law or practice. The risk of error in applying
the death penalty is inescapable, yet it is irrevocable. Amnesty
International recognizes the need to address serious crime all
over the world, including murder. However, the organization
is convinced that the death penalty will not provide a
solution. There is no clear evidence that the death penalty
acts as a more effective deterrent against crime than other
forms of punishment.
RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- calling for the death sentences passed on Fabianus Tibo,
Dominggus da Silva and Marinus Riwu to be commuted;
- expressing concern at reports indicating that the trial of
Fabianus Tibo, Dominggus da Silva and Marinus Riwu did
not conform to international standards for fair trial;
- urging the authorities to review the trials of Fabianus Tibo,
Dominggus da Silva and Marinus Riwu, and order a retrial if
irregularities are found;
- calling on the Indonesian authorities to release
comprehensive information on all current death penalty cases
in Indonesia;
- calling on the authorities to commute all death sentences in
Indonesia, as they constitute the violation of one of the most
fundamental of human rights - the right to life;
- urging the Government of Indonesia to sign and ratify the
Second Optional Protocol to the ICCPR and commit
themselves to working towards the abolition of the death penalty.
APPEALS TO:
President:
President Susilo Bambang Yudhoyono
President RI
Istana Merdeka
Jakarta 10110, Indonesia
Fax: 011 62 21 345 2685 / 526 8726
Salutation: Dear President
Attorney General:
Abdul Rahman Saleh
Jaksa Agung
Jl. Sultan Hasanuddin No. 1
Kebayoran Baru
Jakarta Selantan 12130, Indonesia
Fax: 011 62 21 725 0213
Salutation: Dear Attorney General
COPIES TO:
Chairman, Komnas HAM:
Abdul Hakim Garuda Nusantara
Komisi Nasional Hak Asasi Manusia
Jl Latuharhary No. 4B
Menteng
Jakarta Pusat 10310, Indonesia
Fax: 011 62 21 392 5227
Salutation: Dear Chairman
Ambassador Soemadi Djoko M. Brotodiningrat
Embassy of the Republic of Indonesia
2020 Massachusetts Ave. NW
Washington DC 20036
Fax: 1 202 775 5365
Please send appeals immediately. Check with the
Colorado office between 9:00 am and 6:00 pm, Mountain
Time, weekdays only, if sending appeals after 27
December 2005.
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Amnesty International is a worldwide grassroots movement that
promotes and defends human rights.
This Urgent Action may be reposted if kept intact, including
contact information and stop action date (if applicable). Thank
you for your help with this appeal.
Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: u...@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax: 303 258 7881
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END OF URGENT ACTION APPEAL
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