The Jakarta Post, August 29, 2006
The execution of Tibo
Arianto Sangaji, Palu
As the seconds ticked away, National Police Chief Gen. Sutanto announced the
postponement of the execution of Fabianus Tibo, Dominggus Da Silva and Marinus
Riwu, which was scheduled for 12:15 a.m. on Aug. 12 in Palu. The execution was
rescheduled for after Independence Day on Aug. 17, although all preparations for it
had been made. Before this decision, few believed Tibo and company would receive a
reprieve from execution.
It appears there were two factors that led to this decision. First, there were protests
throughout the country. Second, there were numerous protests from the international
community against the execution, including a telegram from Vatican State Secretary
Cardinal Angelo Sodano sent to President Susilo Bambang Yudhoyono, moments
before the execution was to be carried out.
This latest decision has sparked a new controversy, particularly from a legal
viewpoint. A memorandum from the defense team of Advocacy for Justice and Peace
Indonesia (PADMA Indonesia) -- a local legal advocacy group representing Tibo and
company -- pointed to new evidence. For example, a new piece of evidence has
emerged that disputes the accusation that Tibo and company committed the series of
attacks, killings and arson in Moengko Baru, Poso, on May 22 and 23, 2000. This
evidence clearly points to another group.
Another theory regarding Tibo's alleged complicity in the May-June 2000 violence in
Poso is that the idea the group of three are responsible for the violence is too
simplistic, especially considering the fact the three are "cultural minorities" and from a
marginal social class. As Catholic and ethnic Flores people who lived 280 kilometers
away from Poso city, working as farmers and laborers in rubber plantations, it is clear
the allegations that were leveled against them were influenced by the pressures of
identity politics and economic interests in Poso at the time. As a result of their
marginal status as economic and social minorities, it was easy to make Tibo and
company scapegoats for the violence.
Another aspect that has been systematically ignored in this case is that the
government has been considered free from responsibility. The Tibo case, and Poso
case in general, has always been cast as an intercommunal problem, whereas, in
fact, various state actors (from the civil and security apparatuses) have directly and
indirectly been connected to the violence. These actors have not been touched at all
in order to prevent the state from taking blame. Because of this, I believe the
execution of the three men constitutes an attempt to bury the facts of the Poso case.
Thus, in the case of the death sentence of Tibo and company and the Poso violence
in general, there is no other choice but to form an Independent Team for the Collection
and Search for Facts TGPFI). Only through the TGPFI can the controversies
surrounding the Tibo and Poso cases (both before the May-June 2000 episodes and
after) be solved in an objective fashion.
There are three interests that remain hidden behind the death sentences. First, there
is an interest in closing the case so as to preclude the possibility of the government
taking responsibility for the May-June 2000 violence. The executions would thereby
close the case and fortify the belief that the violence was a product of the
communities themselves. The state (both civil and security apparatuses) would
therefore be freed from legal entanglements stemming from possible involvement in
the violence. This is a model of unaccountability that repeats itself over and over in
this country.
Second, there is an interest in protecting Poso as a "conflict area." How is it possible
that the complicity of the 16 names provided by Tibo and his friends in the May-June
2000 violence (whether true or not) and that the three are only scapegoats, is believed
by a large section of the public? As a result, the unwillingness of the law enforcement
community to exhaustively investigate the connection of those names only creates a
time bomb. The names will likely be exploited as a precipitant of future conflicts.
Third, there is the potential to politicize the delay or even the annulment of the death
sentence of Tibo and company. Various parties have already made connections
between the case and the death sentences of the three Bali bombers. Whatever the
reason, the right to live of Tibo, Amrozi and others cannot be played off against each
other. These two cases must be resolved in a law enforcement context with respect to
human rights.
The writer is executive director of the Tanah Merdeka Foundation, Palu, Central
Sulawesi.
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