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August 29, 2006

Indonesia: Death Row Christians Charged In Muslim Conflict Appeal

We reported on August 13 that the fate of three Christians, whose trial breached even Indonesia's haphazard interpretations of justice, were granted a temporary last minute reprieve, delaying their execution. The three men, Fabianus Tibo, 60, Marinus Riwu, 48, Dominggus da Silva, 42 (pictured below), were due to have been shot by firing squad at an undisclosed location on Palu in Central Sulawesi on August 12. Because of national Independence Day celebrations, the executions were delayed.

The three men were tried and sentenced to death in April 2001, accused of inciting religious attacks and committing premeditated murder of Muslims at Poso in May 2000, though there is little to no evidence to substantiate this. The riots took place on May 23, 2000, and 191 people were killed. At their trial, militant Muslims were at the courthouse, chanting for their death, which may have influenced the verdict. In addition, vital evidence was ignored by the court.

Left to right - Fabianus Tibo, 60, Marinus Riwu, 48, Dominggus da Silva, 42

Before the executions were delayed, Pope Benedict XVI and representatives of the European Union had pleaded for clemency. Last year, President Susilo Bambang Yudhoyono had rejected appeals to save the men's lives, despite appeals from Christian groups, US senators and international groups such as the Jubilee Foundation and Amnesty International.

On the Friday, the day before the executions were scheduled, the Jakarta Post reported that in the province of East Nusa Tenggara, where the men came from, thousands of people protested.

On Sunday August 13, leaders of the Indonesian Bishops Conference (KWI) wrote to the president saying that the country had ratified an international treaty on civil and political rights, which required the acknowledgement and respect of citizens' right to live, and argued for the death penalty to be abolished.

"We appeal to the government ... to abolish capital punishment for good.," the letter stated.

The lawyers for the three men also submitted names and details of 16 men who are thought to have been the real instigators of the violence which took place.

Foreign Minister Hassan Wirayuda said: "The execution has not been canceled, just delayed. We did receive letters from various quarters, including the one from the Vatican, although I didn't see it personally."

Father Maxi Un Bria, Chairman of the Commission for Justice and Peace, said: "There is no dignity in execution, because humans assume the divine authority of taking a man's life, in the name of the law."

Even Mahendradatta, lawyer for three Islamists who are due to be sentenced to death for their role in the 2002 Bali bombings, claimed the decision to execute the three Christians was suspicious, as it came so close to the proposed executions of the three Muslims.

Islamists claimed that if the three Christians were not executed, then Muslims in Poso and Tojo Una-Una would be holding protests.

On Monday August 14 the government insisted that the executions of the three Catholics would take place. Chief security minister Widodo Adi Sucipto said: "We are currently in the phase of executing the court ruling. The execution will still be carried out."

On the Saturday, Amnesty International, according to AFP had written: "Amnesty International welcomes the recent stay of executions of Fabianus Tibo, Dominggus da Silva and Marinus Riwu and urges the Indonesian government to immediately transform this act of clemency into the commutation of their death sentences. The organization also calls on the authorities to review their trial, which was reportedly unfair."

In today's Jakarta Post, it is reported that the three men have made a further request for clemency from Susilo Bambang Yudhoyono.

According to Roy Rening, lawyer for one of the three men, their second appeal was made "because their trials were full of fabrications."

Currently the three men are being held in isolation in Palu jail. Roy Rening said: "The isolation is killing them because the three are not permitted to meet their families, lawyers and spiritual leaders."

The Jakarta Post states:

Some analysts have said the government of this predominantly Muslim nation is wavering because it does not want to risk public anger by executing the Bali bombers -- Amrozi bin Nurhasyim, Ali Gufron and Imam Samudra -- before the Christians.

. Mahendratta, lawyer for the three Muslims said: "People were asking, 'Why Amrozi first, and not Tibo?' For me, it is a simple matter: just follow the death row queue. Tibo and his friends got convicted first, and they should be executed first."

The office of President Susilo has received the letter, but there is no sign that he will act to prevent the execution from going ahead.

Posted by Giraldus Cambrensis at August 29, 2006 7:44 PM

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