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URGENT ACTION Foreigners face firing squad in Indonesia

Indonesian President Susilo Bambang Yudhoyono has turned down requests for clemency against the death penalty in the cases filed by a Brazilian national, Marco Archer Cardosa Moreira, who is currently sitting on death row and Australian nationals, Myuran Sukumaran and Andrew Chan who are accused of attempting to carry class-one drugs out of Bali. Mr. Moreira, a pilot with doctor status, was arrested in Sumbawa, West Nusa Tenggara in 2004 after attempting to smuggle 13.7 kilograms of cocaine, concealed in the crossbar of his paraglider. He was sentenced to death by the Tangerang District Court; this sentence was upheld, in his appeal, by the west Java High Court. Although he appealed to the Indonesian Supreme Court, they rejected his case in January 2005.

The Brazilian President, Luiz Inacio Lula da Silva had sent a letter to Indonesia's President, Yudhoyono, in 2005 asking to spare the life of Mr. Moreira. But in January 2006, President Yudhoyono refused to give clemency, replying in his letter to the Brazilian President that he could not intervene in the legal process. Moreira is now facing a firing squad. Australians Mr. Chan and Mr. Sukumaran are the first Australians to be sentenced to death for drug trafficking in Indonesia. According to legal experts, Mr. Chan and Mr. Sukumaran would face a firing squad within three months. Mr. Chan, (22-years old) a former catering worker and Mr. Sukumaran (24-years old) a bank worker, were part of a group of eight men and one woman, dubbed by Australian media as the 'Bali nine', who had attempted to smuggle 8.2 kilograms of heroin out of Bali in April 2005. Police had detained some of the members at Bali's airport with heroin strapped to their bodies, while the others were arrested in a nearby hotel room. Indonesian prosecutors demanded the death penalty for both Mr. Chan and Mr. Sukumaran, while the rest of the group was sentenced to life imprisonment which has since been reduced to twenty years for some. Both men have been found guilty of "exporting heroin in an organized ring and possessing a prohibited class-one narcotic" by the Denpasar District Court.

Australia is opposed to the death penalty and its Prime Minister, John Howard has signaled that he would take up the issue with President Susilo Bambang Yudhoyono but warned that the Government could not overturn Indonesian law. The Indonesian President does have the power to question the judgment of even the highest court in Indonesia and grant clemency to the defendants sentenced to death.

Article 6 of the International Covenant on Civil and Political Rights [ICCPR] restricts a sentence of death to be imposed only for the "most serious crimes" such as intentional murder. The Indonesian government continues to apply capital punishment to cases, which are not considered 'most serious crimes', such as non-violent drug offences and for inciting communal conflict.

URGENT APPEAL - Please Write Letters to Voice Your Opinion

URGENT APPEAL

Dear President Yudhoyono,

Mr. Moreira was sentenced to death by the Tangerang District Court after attempting to smuggle 13.7 kilograms of cocaine from Indonesia. He attempted to appeal this decision in the Supreme Court but his appeal was rejected in January 2006.

Mr. Chan and Mr. Sukumaran were arrested after attempting to smuggle 8.2 kilograms of heroin from Bali. They were both sentenced to death for drug trafficking in Indonesia when the Denpasar District Court found them guilty of exporting heroin in an organised ring and possessing a prohibited class-one narcotic.

Although these offences are serious and demand equally serious punishment for the offenders, I believe that in accordance with the principles that determine our humanity towards each other, the punishment by death is disproportional to the crimes committed. According to Article 6(2) of the International Covenant on Civil and Political Rights [ICCPR], capital punishment should only be reserved for the 'most serious crimes' such as intentional murder.

Therefore I appeal to you with the greatest respect to urge the authorities in Indonesia to review the current Indonesian sentencing laws in consideration to the articles of the ICCPR, in particular, article 6. The current trend in many countries is to abolish the death penalty. This is being done in the spirit of humanity. I ask that your government take steps to abolish the death penalty in Indonesia. Finally, I implore you to introduce a moratorium, in the mean time, on all death penalty cases while your government reviews this particular law.

Yours sincerely,

........................

PLEASE SEND A LETTER TO: Mr. Susilo Bambang Yudhoyono President of the Republic of Indonesia Istana Negara Jl. Medan Merdeka Utara Jakarta Pusat 10010 INDONESIA Tel: + 62 21 3845627 ext 1003 Fax: + 62 21 3457782 Email:	Susilo Bambang Yudhoyono	PLEASE SEND COPIES TO: Mr. Abdul Hakim Garuda Nusantara Chairperson The National Commission on Human Rights of Indonesia (Komnas HAM) Jl. Latuharhary 4B Jakarta Pusat 10310 INDONESIA Tel: + 62 21 3925230 Fax: + 62 21 3925227 Email:

PLEASE SEND COPIES TO: Mr. Hamid Awaluddin Minister of Justice and Human Rights Menteri Kehakiman dan Hak Asasi Manusia, JI. H.R. Rasuna Said Kav. 6-7 Kuningan, Jakarta Selatan INDONESIA Fax: + 62 21 525 3095	PLEASE SEND COPIES TO: Mr. M. Ichsan Loulembah Chief of Conflict Area's Caucus District Legislative Council Gedung DPR/MPR RI Jl. Gatot Subroto No. 6 Jakarta INDONESIA Tel : + 62 21 5715509; 5715344; 5715621 Fax : + 62 21 5714469, 5734389 Website :www.dpr.go.id	PLEASE SEND COPIES TO: Mr. Philip Alston Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions Atten: Lydie Ventre Room 3-016, c/o OHCHR-UNOG 1211 Geneva 10 SWITZERLAND Tel: +41 22 917 9155 Fax: +41 22 917 9006 (general)

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