Case N° IDS/09 - SUKATNO - INDONESIA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 159th session
(Beijing, 21 September 1996) *

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), concerning the case of Mr. Sukatno, of Indonesia,

Taking into consideration the information provided by the Indonesian delegation at the hearing held on the occasion of the 96th Inter-Parliamentary Conference (September 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 also that, according to information provided by the National Group in October 1995, the Central Jakarta District Court has meanwhile submitted a second request for clemency to the President of the Republic; considering that, according to information supplied by the Indonesian delegation to the 96th Inter-Parliamentary Conference (September 1996), this appeal is still pending,

Recalling further 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 that, according to the source, the threat of an execution remains very real since between 1989 and 1990, more than two decades after the alleged coup attempt, six of those sentenced following the events of 1965 were executed,

Considering also that the source has once again affirmed that Mr. Sukatno is seriously ill, both physically and mentally; that the Indonesian delegation to the 96th IPU Conference (September 1996) reports having received no indication of such illness,

Bearing in mind that, at its last session in April 1996, it appealed yet again to the President of the Republic of Indonesia that he pardon Mr. Sukatno, and that the Secretary General has conveyed this request to the President,

1. Profoundly regrets that its renewed appeal to the President of the Republic has drawn no response;

2. Remains deeply alarmed at the prospect that the second 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 once again that this would be arbitrary and constitute a gross violation of human rights;

3. Strongly hopes 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 its utmost to this end;

4. 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 declining health;

5. Hopes that the Indonesian National Group will yet again do everything in its power to press with the President of the Republic its appeal that he pardon Mr. Sukatno on such compelling humanitarian grounds;

6. Cannot but reiterate its earlier suggestion that Parliament consider adopting an amnesty covering Mr. Sukatno;

7. Requests the Secretary General to bring these concerns to the attention of the National Group;

8. Further requests the Secretary General, in conjunction with his presence, on behalf of the Inter-Parliamentary Union, at the forthcoming "Forum on Tourism" in Bali, to travel to Jakarta in order to ascertain Mr. Sukatno's current situation and state of health and to explore with the competent authorities all possible means of securing a satisfactory settlement of this case;

9. Requests the authorities of Indonesia to agree to such a mission;

10. Further requests the Committee on the Human Rights of Parliamentarians to pursue the examination of this case and report to it at its next session (April 1997).