my news postings to the list will resume this Sunday, Sept. 24
Sept. 20 INDONESIA: "Shoot us in public" last wish of 3 death row Catholics Tibos son had this message to give after meeting his father for the last time: "Thus, those who want to kill us will be satisfied" The 3 Indonesians will be executed just after midnight tonight, without ever having received an answer from President Susilo about their second request for clemency. 3 Indonesian Catholics condemned to death for the massacre of Muslims during the 2000 inter-faith conflict in Poso, central Sulawesi, want to be executed in public. The desire of Fabianus Tibo, Dominggus da Silva and Marinus Riwa, was revealed yesterday by Tibos eldest son, Robert: "The execution should take place in public, to satisfy those who want our death." The execution by firing squad of the three Christians, on whose behalf even Benedict had intervened, will take place shortly after midnight today, in the first minutes of the new day. The case of "Tibo and friends" drew international attention: the trial that condemned them to capital punishment was marred by illegal procedures like witnesses who were not heard and evidence that was not accepted by the court. Relatives of the 3 convicts yesterday went to Petobo prison in Palu for a final visit. They were accompanied by Fr Jimmy Tumbelaka, of Manado diocese and 2 lawyers from the PADMA group who were defending them: Fr Norbert Bethan and Stephen Roy Rening. The latter reiterated for the umpteenth time that tomorrow's execution goes "against the law, seeing that the condemned men are still waiting for an official response from President Susilo Bambang Yudhoyono about the 2nd request for clemency." The 3 Catholics have also expressed their desire to have their coffins exposed to the public in the Cathedral of St Mary of Palu. Tibo and Riwu will be buried in the village of Beteleme in Morowali, Poso, while da Silva will return to his native village in the province of East Nusa Tenggara. "Allow my family to take care of my remains, not the Attorney Generals Office," was Tibos last expressed wish. Fr Tumbelaka said: "The firing squad has been chosen and the place and time fixed. Any changes now are in the hands of God." In view of the execution, which in preceding months had provoked great protest rallies, the prison authorities have heightened security measures in Petobo prison. Meanwhile, there is no letup in criticism against the court decision. According to Usman Hamid, head of the Commission for the Missing Persons and Victims of Violence (known as KONTRAS), "by killing the 3 men, the State is going against human rights and preventing the disclosure of the identity of those who truly responsible for these clashes." (source: Asia News) *********************** New evidence could help death row Nigerian Lawyers of a Nigerian convicted in a heroin case say they have new evidence they believe might release their client from death row. Todung Mulya Lubis said the legal team would present witnesses corroborating a statement made by a dead inmate who allegedly confessed to framing their client, Humphery Jefferson Ejike Eleweke, alias Doctor. He said the team had filed an appeal with the Supreme Court for a case review. The lawyers will bring 6 new witnesses, 2 from Cipinang Penitentiary, where Humphery is serving time, and 4 others who allegedly knew about the framing, to a hearing on Oct. 5 at the Central Jakarta District Court. Humphery was sentenced to death in 2003 for possession of 1.7 kilograms of heroin, found in a room of the Central Jakarta restaurant he owned. The lawyers said they had been informed that the room had been lived in by Ifanyi, a man who had worked at the restaurant and who is still wanted by police for questioning. The lawyers say their new witnesses told them that Ifanyi was connected to Nigerian drug dealer Charles "Kelly" Kanu, who was sentence to Cipinang Prison in 2002. They claim Kelly had a personal grudge against Humphery, who took over the management of his restaurant after Kelly's arrest and banned drugs from it. Kelly, who had AIDS and died in 2004, is said to have repeatedly asked Humphery for forgiveness. Kandaru Simorangke, also a member of Lubis' legal team, added that there had been procedural irregularities when Lubis was arrested. "There was no warrant, they had no orders from their superior officers and they let Ifanyi go," he said. Kandaru said just 3 police officers were summoned to testify at the trial. Todung said that he believed that racial stereotyping had played a role in the investigation. "There seems to be a prejudice that Nigerians are always connected to drugs." Jakarta Police drug squad narcotics head Sr. Comr. Hendra Joni, who lead the 2003 bust, said prejudices had not influenced the investigation. "We had the warrant to search the restaurant ... The room (where the heroin was found) belonged to Humphery," he said. (source: The Jakarta Post) ******************************** Amnesty expresses dismay over impending Indonesian executions Amnesty International expressed dismay Wednesday over plans by the Indonesian government to execute 3 Christian death row prisoners this week, defying an earlier papal plea for clemency. "Amnesty International is deeply disappointed to hear that Fabianus Tibo, Dominggus da Silva and Marianus Riwu may be executed this week," the international rights group said in an emailed statement to AFP. "It is shocking to hear that the executions are going ahead despite the high level of debate the case has sparked across the country about the use of the death penalty." The trio of peasant farmers were convicted in 2001 of leading a Christian militia which carried out grisly murders of Muslims in religiously-divided Central Sulawesi. They are due to be executed by firing squad on Thursday. International rights groups and activists have argued that their trials were unfair and have left the masterminds roaming free. Some Indonesians also fear that their cases have been politicised and effectively linked with those of 3 Islamic militants who also await execution for their roles in the deadly 2002 Bali bombings. Indonesia is the worlds most populous Muslim nation, but Christians and Muslims live in roughly equal numbers in Central Sulawesi, where police have boosted security ahead of the executions. "The organisation believes that the use of the death penalty is inherently an injustice and we urge the President of Indonesia to follow the recent moves in Southeast Asia for the abolition of the death penalty by granting clemency to the 3 men and all other prisoners currently sentenced to death in Indonesia," the Amnesty statement added. The executions of the trio would be the 1st since May 2005 in Indonesia, when a convicted murderer faced the firing squad. The 3 Christians were initially readied for execution last month, but were granted a last-minute reprieve after Pope Benedict issued a plea for mercy to the Indonesian government, though authorities denied there was a connection. Clashes between Muslims and Christians in 2000 and 2001 left more than 1,000 dead in Central Sulawesi. A government-brokered peace accord largely ended widespread unrest, but sporadic violence has persisted. IRAQ: After Remark, Judge in Trial of Hussein Loses His Post Prime Minister Nuri Kamal al-Maliki on Tuesday fired the judge overseeing the 2nd phase of the trial of Saddam Hussein, accusing him of bias toward the deposed Iraqi ruler. Aides to Mr. Maliki said pressure had been building from Kurds and others to oust the judge after he told Mr. Hussein in court that he was not a dictator. The firing was condemned by human rights advocates as improper political interference by Mr. Maliki's government, which is dominated by Shiites and Kurds persecuted during Mr. Hussein's rule. Human Rights Watch said the firing "sends a chilling message to all judges: toe the line or risk removal." Bassam al-Husseini, an aide to Mr. Maliki, said the prime minister's office asked the Iraqi High Tribunal to remove the judge, Abdullah al-Amiri, a Shiite who was also a judge under the Hussein government. Mr. Husseini said the new chief judge will be Mr. Amiri's assistant, Muhammad al-Uraibi, also a Shiite Arab. "The government is taking into regard the feelings of the Iraqi people," Mr. Hussein said. "When the judge told Saddam, 'You are not a dictator,' he hurt the feelings of the Iraqi people." "There was pressure from the Iraqi people and people in Kurdistan because their feelings were hurt," he said, adding that the prime minister has the authority to remove judges from the tribunal. "The government had to respond to this pressure." But international human rights groups said the firing undermines the tribunal's credibility and could influence other judges to favor the prosecution. They also questioned whether the tribunal's procedures for handling allegations of judicial bias and misconduct were followed. "This shows the court is not immune from political interference and may be open to being manipulated by public opinion or politicians," said Hanny Megally, director of the Middle East and North Africa program for the International Center for Transitional Justice, which is an observer in the tribunal. In the current phase of the trial, Mr. Hussein stands accused of genocide in the killing and gassing of more than 50,000 Kurds during the so-called Anfal military campaign of 1988. It is separate from his prosecution earlier this year on charges of ordering the murder of 148 people in the Shiite village of Dujail in 1982. That verdict is expected as early as next month. Criticism of Judge Amiri began to build last Tuesday, when Mr. Hussein described Kurdish witnesses testifying against him as agents of "Zionism" and then threatened to "crush your heads." The next day, a prosecutor, Munqith al-Faroon, demanded that the judge step down, accusing him of allowing Mr. Hussein "to go too far, with unacceptable expressions and words." Then, during testimony on Thursday from a Kurdish farmer who recounted how he had pleaded with Mr. Hussein to spare the life of his family, Mr. Hussein leaped up in the dock to defend himself. "Why did he try to see Saddam Hussein?" Mr. Hussein said. "Wasn't Saddam a dictator and an enemy to the Kurdish people, as they say?" Judge Amiri then said: "I will answer you: you are not a dictator. Not a dictator." Smiling, Mr. Hussein replied, "Thank you." The exchange outraged many in the Iraqi government. After the "not a dictator" exchange, members of Parliament began putting pressure on a committee of judges within the tribunal to remove Judge Amiri, said Jalaladin al-Sagheir, a Shiite member of Parliament. The statute governing the tribunal says the Presidency Council - the Iraqi president and two vice presidents - can transfer judges out of the tribunal "for any reason" on recommendation by the Council of Ministers. It was unclear whether President Jalal Talabani, a Kurd, played a role in the judge's firing. But the tribunal also has other rules and procedures devised specifically for handling allegations of bias or misconduct, human rights advocates said. "It's not clear whether the proper procedure was used or not," said Richard Dicker, the director of the international justice program at Human Rights Watch. (source: New York Times)
