Jakarta, Palu, Kupang – The government should delay the execution of three men on death row for inciting sectarian conflict in Poso, Central Sulawesi, to ensure justice was done, legal experts say.
Gayus Lumbuun warned if prosecutors followed the book and went ahead with the executions of the three without considering new evidence, the decision could represent a serious miscarriage of justice.
National Commission on Human Rights chief Abdul Hakim Garuda Nusantara, meanwhile, warned an immediate execution could set off renewed conflict in the religiously divided area.
Prosecutors have announced they will soon execute three Christians – Fabianus Tibo, 60, Marinus Riwu, 54, and Dominggus da Silva, 43 – who were found guilty by a series of courts of masterminding attacks in Poso that killed some 200 Muslims in 2000.
However, lawyers for the three men have tabled new evidence in the case that suggests 16 other men, some members of military and intelligence forces, are the real masterminds of the attacks.
Last week, the men's legal team filed a second request to the Supreme Court to review their conviction and to the President to pardon them.
President Susilo Bambang Yudhoyono rejected a first clemency plea for the convicts last November after the Supreme Court turned down their first case review request.
The law normally only allows for one case review and one clemency request. However, legal experts say the discovery of new evidence allows the courts and the President to revisit their decisions.
"Yes, there is (normally) only one chance for a case review, but we know that there are other people who are important culprits in the attacks," Gayus said.
"With the new evidence produced, it's only appropriate that police and prosecutors probe, take the case to court and see what happens. In the meantime, it's logical that prosecutors delay the execution of the death sentence," he said.
Komnas HAM's Garuda Nusantara said capital punishment should be delayed until all avenues were explored. "In this case, the police and prosecutors should pursue the new evidence. What if this evidence resulted in a different verdict? It could set off massive disorder," he said.
Gayus urged people to question why the prosecutors were so keen to carry out the executions. "Cases where verdicts have been issued long before this case are now idle. Are there any vested interests protecting the people who were the real brains (behind the killings)?" he said.
Presidential spokesmen Andi Mallarangeng said the President had received a letter from Tibo's family, which contained some requests and a message.
A lawyer for the three men, Alamsyah Hanafiah, said Tuesday he had sent statements by public figures and former state officials supporting pleas for a stay in the men's executions to the President and Attorney General Abdul Rahman Saleh.
AGO spokesmen Masyhudi Ridwan said the office would not consider any new evidence because the proper legal processes had been followed. "All new evidence should've been produced in the first review... We will carry out the execution after everything is ready," Masyhudi said.
He said four firing squads of 44 men were undergoing mental and physical training to prepare them for the executions, which had been stalled by administrative problems.
Meanwhile, hundreds of people took to the streets in Kupang, East Nusa Tenggara and Palu, Central Sulawesi, Tuesday to call for a stay in the men's executions. They said the three were key witnesses who could reveal the real masterminds of the attacks. Legal processes against the 16 men mentioned should begin soon, they said.
The Sulawesi coordinator of the Commission for Missing Persons and Victims of Violence, Edmond Leonardo Siahaan, said an immediate execution would be a miscarriage of justice and shut the door on attempts to find out the truth behind the violence.
About 1,000 people died in the religious conflict in Poso during 2000 and early 2001.