Supreme Court agrees to review Poso 3 case

The Jakarta Post, Palu, Central Sulawesi/Jakarta

The Supreme Court has finally agreed to a second case review for three men on death row in Poso, Central Sulawesi, although officials say its outcome would not change their sentence for masterminding sectarian violence in 2001.

Supreme Court spokesman Djoko Sarwoko announced Monday that a five-member panel of judges would deliberate the second case review of Fabianus Tibo, Marinus Riwu and Dominggus da Silva, three Christians accused of orchestrating the murders of local Muslims.

The Attorney General's Office has issued a stay of execution, citing unfinished preparations, but it has denied the order was connected to widespread protests demanding the authorities investigate other suspected leaders of the strife.

The justices will be headed by Mariana Sutadi, with members including Djoko, Timur B. Manurung, Harifin A. Tumpa and Paulus Effendi Lotulung.

"Because this is a second case review, the committee members are different from the first one," Djoko said.

He said that although the Criminal Code stated there could only be one case review, judges could not deny a request for a second because there was no relevant law or regulation. He referred to a recent case review in the election of the mayor of Depok in Greater Jakarta, which was finally granted by the Supreme Court.

Supreme Court Justice Bagir Manan earlier this month turned down the defendants' requests for a second case review, saying that all legal procedures had been exhausted. The court had upheld the verdict of the Palu High Court, and President Susilo Bambang Yudhoyono had rejected the defendants' request for clemency.

However, the Supreme Court's decision does not change their death sentence, Attorney General's Office spokesman Masyhudi Ridwan said. He also referred to the above Criminal Code procedure and said his office would not be able to accept any new ruling.

"So we're still preparing the execution, not delaying it," he told The Jakarta Post.

Djoko acknowledged that the law must be upheld, but said a stay of execution was the most appropriate course of action.

"It's for the best that there be a stay of execution until the case review is settled. I can't imagine (what would happen) if the case review was granted and the execution had already been carried out."

Catholic scholar Franz Magnis-Suseno visited the convicts Monday in Palu prison, saying he favored the abolition of capital punishment.