[Deathpenalty] More Action Requested - Imminent Execution in Indonesia (sixth update to UA 109/06)

Thu Oct 16 17:03:33 CDT 2008

URGENT ACTION APPEAL
- From Amnesty International USA

Note: Please write on behalf of these persons even though you may not
have received the original UA when issued on April 28, 2008. Thanks!

16 October 2008

Further Information on UA 109/06 (28 April 2006) and follow-ups
(4 July 2006, 11 September 2007, 25 September 2007, 11 January 2008,
17 July 2008) - Imminent Execution

INDONESIA    Amrozi bin H. Nurhasyim (m)
                           Ali Ghufron alias Mukhlas (m)
                           Imam Samudera (m)

Amrozi bin H. Nurhasyim, Ali Ghufron and Imam Samudera, who
were convicted of involvement in the 12 October 2002
bombings on the island of Bali, which killed 202 people and
injured a further 209, are facing imminent execution by
firing squad within the next week.

In January 2008, police and court officials informed the
three men that their renewed demands for a second judicial
review had been rejected. The men appealed against this
decision, but on 17 July the Indonesian Supreme Court
rejected this appeal and announced that they had exhausted
their right of appeal, stating only one judicial review is
permitted.

The executions were due to take place in September, but were
delayed for the holy month of Ramadan. Jasman Simanjuntak,
spokesman for the Attorney-General's office, stated on 14
October that the date of execution will be announced on 24
October. However, as executions in Indonesia are usually
carried out in the early hours of Friday morning, and the
date of execution is never normally announced in advance,
Amnesty International fears that the announcement will
simply confirm that they have already been executed. Amnesty
International is also concerned that the men will be
executed despite their outstanding petition to the
Constitutional Court, alleging that the method of execution
by firing squad amounts to torture.

Amrozi bin H. Nurhasyim, Ali Ghufron and Imam Samudera were
sentenced to death by the Denpasar District Court in 2003.
The law they were convicted under was brought into force in
2003 and introduced the death penalty for "terrorist" acts,
and allowed for those involved in the 2002 bombings in Bali
to be tried retroactively. Under international law (Article
15 of the International Covenant on Civil and Political
Rights- ICCPR) and the Indonesian Constitution, a person
cannot be tried under legislation brought in after the
incident took place.

A pardon from President Susilo Bambang Yudhoyono is
extremely unlikely. All three men have stated that they will
not apply for Presidential pardon. The President has also
previously indicated in a television interview that he will
not give clemency and will allow the process to be seen
through to the end.

BACKGROUND INFORMATION
Death sentences in Indonesia are carried out by firing
squad. The person under sentence of death has the choice of
standing or sitting and of using a blindfold or cover for
their head. Firing squads consist of 12 people, six of whom
are supplied with live ammunition and six whose guns are
loaded with blanks. The squad fires from a distance of
between five and 10 meters.

To Amnesty International's knowledge, at least 107 people
are believed to be under sentence of death in Indonesia.
Eleven of these were convicted and sentenced to death in
2007. Indonesia has executed seven people since 26 June
2008.

In 2006, Indonesia ratified the ICCPR, which states that
"every human being has the inherent right to life."
However, the Indonesian authorities did not authorize
ratification of the Second Optional Protocol to the ICCPR,
aimed at the abolition of the death penalty.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:
- calling for the death sentences of Amrozi bin H.
Nurhasyim, Ali Ghufron alias Mukhlas and Imam Samudera to be
commuted;
- expressing concern that the Law on Combating Criminal Acts
of Terrorism, under which these men were sentenced to death,
was applied retrospectively to include all those involved in
the Bali bombings, violating international law and the
Indonesian Constitution;
- calling on the Indonesian authorities to commute all death
sentences in Indonesia;
- recognizing that Indonesia has a right and responsibility
to address serious crime, and expressing sympathy for its
victims, but pointing out that there is no clear evidence
that the death penalty is an effective deterrent;
- calling on the authorities to sign and ratify the Second
Optional Protocol to the ICCPR and establish a moratorium on
executions, as a first step towards the abolition of the
death penalty as advocated in the UN General Assembly
Resolution of 18 December 2007.

APPEALS TO:
Please remember Indonesia is 6 hours ahead of GMT, and fax machines may
be switched off outside of office hours.

President
President Susilo Bambang Yudhoyono, President RI, Istana
Merdeka, Jakarta Pusat 10110, INDONESIA
Fax:           011 62 21 345 2685
                   011 62 21 526 8726
Salutation: Dear President

Attorney General
Mr. Hendarman Supandji, Jaksa Agung,
J. Sultan Hasanuddin No. 1, Kebayoran Baru,
Jakarta, INDONESIA
Fax:           011 62 21 725 0213
Salutation: Dear Attorney General

COPIES TO:
Governor of Bali
Governor Dewa Made Beratha
Jl. Basuki Rahmat Renon Denpasar 80361,
Bali, INDONESIA
Fax:            011 62 361 236 037
Salutation: Dear Governor

Ambassador Sudjadnan Parnohadiningrat
Embassy of the Republic of Indonesia
2020 Massachusetts Ave. NW
Washington DC 20036
Fax:          1 202 775 5365
Email:       http://www.embassyofindonesia.org/detail/contactus.php

PLEASE SEND APPEALS IMMEDIATELY.
Check with the AIUSA Urgent Action office if sending appeals after 24
October 2008.

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Amnesty International is a worldwide grassroots movement
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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
600 Pennsylvania Ave SE 5th fl
Washington DC 20003
Email: uan at aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 202.544.0200
Fax: 202.675.8566

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END OF URGENT ACTION APPEAL
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