Case N° IDS/09 - SUKATNO - INDONESIA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995) concerning the case of Mr. Sukatno, of Indonesia,

Taking into consideration the information provided by the Indonesian delegation at a hearing held on the occasion of the 95th Inter-Parliamentary Conference (Istanbul, April 1996),

Taking into consideration the information provided by the source on 22 March 1996,

Recalling that, in August 1986, the Central Jakarta District Court which had tried and imposed a death sentence on Mr. Sukatno submitted a request for clemency to the President; and that, according to the authorities, this act corresponded to a constant practice intended to fill a vacuum in the Law on Clemency Requests,

Recalling that, according to information provided by the National Group of Indonesia at the Bucharest Conference (October 1995), the Central Jakarta District Court submitted a second request for clemency to the President of the Republic and; that, according to the Group, every legal effort was being made in favour of Mr. Sukatno,

Considering that, according to the Indonesian delegation to the 95th Inter-Parliamentary Conference, the appeal for clemency was still pending and that they did not know how long it would take before the adoption of a decision thereon; that, in the event of a refusal, Mr. Sukatno is liable to execution,

Recalling that the Indonesian Law on Clemency Requests, as brought to its knowledge by the authorities, forbids the execution of a condemned person so long as an appeal for clemency has not been lodged and rejected; recalling also that Mr. Sukatno does not wish to make any such appeal since this might lead to his execution,

Considering also that, according to the source, Mr. Sukatno is seriously ill, both physically and mentally, a matter of which the members of the Indonesian delegation to the 95th IPU Conference had no knowledge,

1. Thanks the Indonesian delegation for the information it provided;

2. Profoundly regrets once again that its repeated appeals to the President of the Republic and to the Indonesian Group with a view to obtaining Mr. Sukatno's release in view of his age or to include him in an amnesty have been to no avail;

3. Remains deeply alarmed at the prospect that the appeal for clemency lodged by the Central Jakarta District Court on Mr. Sukatno's behalf might lead to his execution on the basis of an alleged legal vacuum filled by practice, and insists that this would be arbitrary and constitute a gross violation of human rights;

4. Hopes once again that the appeal for clemency lodged by the Central Jakarta District Court will lead to Mr. Sukatno's release, and urges the Indonesian Group once again to do everything in its power to this end;

5. Reiterates its pressing appeal to the President of the Republic that he pardon Mr. Sukatno in view of the latter's advanced age, the nearly three decades he has already spent in prison and his deteriorating health;

6. Reiterates also its earlier suggestion that Parliament consider adopting an amnesty covering Mr. Sukatno;

7. Requests the Secretary General to convey these concerns to the Indonesian authorities, including the National Human Rights Commission;

8. Also requests the Secretary General to enter into contact with the President of the Republic of Indonesia and to inform him of the concerns of the IPU and its appeal for Mr. Sukatno's pardon;

9. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and to report to it at its next session (September 1996).