Lawmakers call Poso executions illegal
Ridwan Max Sijabat, The Jakarta Post, Jakarta
30 Sept 2006

A group of legislators and human rights activists lodged a protest Friday against last week's executions of three Christian men in Central Sulawesi, saying they were against the law.
The joint statement was signed by at least 28 lawmakers from the Golkar Party, the Indonesian Democratic Party of Struggle (PDI-P) and the Prosperous Peace Party (PDS). In it, they demanded that the government form a fact-finding team to thoroughly probe the sectarian conflict that gripped Poso, Central Sulawesi, around the turn of the millennium.
The three men were convicted of masterminding brutal attacks against Muslims during the conflict in 2000, leaving some 200 dead.
The signatories said the way in which the executions were carried out violated the 2002 law on amnesty, as well as the constitutionally guaranteed human rights of the three men, Fabianus Tibo, Marinus Riwu and Dominggus da Silva.
Gayus Lumbuun of the PDI-P, speaking for the legislators, said by law the men should have been allowed to live until Nov. 10, 2007, or two years after their first request for presidential clemency was rejected.
Authorities dismissed a second clemency request from the men because it came less than two years after their initial refusal.
"We know the reasons behind the early executions, but they were in fact against the law, because the three were not given a chance to seek clemency for a second time," Gayus said.
Another lawmaker, Retna Rosmanita Situmorang of the PDS, accused officials of treating the three "like animals" by refusing their last requests.
"The three asked to be accompanied by their lawyers and pastors and to have a funeral service in accordance with Catholic traditions but all the requests were rejected.
"The authorities also refused to do autopsies on the bodies of the three, which according to a public health center were covered with bruises and evidence of torture," she said.
There were suspicions that the men were beaten and tortured before being executed by firing squad.
The lawmakers said the executions should have been delayed until 16 men accused by Tibo and friends of actually masterminding the attacks faced justice.
The lawmakers said the proposed fact-finding team should include representatives of the police, military and civil society.
Noted human rights lawyers Todung Mulya Lubis and Hendardi gave their full support to the legislators' demands and said the executions would make it difficult for authorities to find the real instigators of the conflict.
"The three were key witnesses to other suspects in other cases involving the conflict. How can they testify when they have already been executed?," said Todung.
The families of the trio said they would report the alleged violations to the International Court of Justice.
Tibo's son, Robertus Tibo, was quoted by Antara as saying Friday in Jakarta that his family was disappointed with the way his father was executed.
Robertus too argued the executions were illegal because they failed to respect the trio's constitutional right to seek a second clemency.
Todung reiterated a call for the government to phase out the death penalty, which he said was against the Constitution and UN covenants on human rights.
"The death penalty based on the Criminal Code is no longer effective and applicable since it is against Chapter 29 on human rights in the Constitution as well as UN Covenants against Torture, cruel, inhumane and degrading treatment, and on civil and political rights, all of which Indonesia has ratified," he said.
Hendardi and Todung said they would file a request to the Constitutional Court to review the Criminal Code with an eye to abolishing the death penalty.
"All human beings have the fundamental right to live, which all sides, including the government, must respect, and no-one is authorized to kill other people," said Todung.