Bali Bombers' lawyers threaten rights lawsuit

Updated November 11, 2008 10:43:16

Lawyers for the Bali Bombers, who were executed at the weekend, say they'll file a lawsuit with Indonesia's Attorney General's office, accusing the government of human rights violations. Imam Samudra, Amrozi, and Muklas were executed by firing squad just after midnight on Sunday morning, for their roles in the 2002 Bali bombings. Their legal team claims that the men's rights and the rights of their families were violated because they weren't allowed to meet with the three men before they were executed.

Presenter: Zulfikar Abbany
Speaker: Wirawan Adnan, member of the legal team for the Bali Bombers

WIRAWAN ADNAN: We, as a lawyer, was never invited in the executions when according to the law we are given the right to be at the executions so that we can witness the execution. We were never informed and we've never been invited to do so.

ZULFIKAR ABBANY: And what about the families? How were their rights violated?

WIRAWAN ADNAN: Well, their right is that they've never been informed in reasonable time in advance.

ZULFIKAR ABBANY: What is a reasonable time?

WIRAWAN ADNAN: Well, three times 24 hours.

ZULFIKAR ABBANY: Well, they were informed on Thursday as far as I'm aware, and people were talking about a 72-hour clock that had started. That wasn't a reasonable time?

WIRAWAN ADNAN: Well, yeah, we'll investigate whether or not that is 72 hours because if that was 72 hours, the family did not inform us about that, you know.

ZULFIKAR ABBANY: Why do you think that you or the families may have been not allowed to meet with the three men before they were executed?

WIRAWAN ADNAN: Well, they have fear that we will go public with that information.

ZULFIKAR ABBANY: What information?

WIRAWAN ADNAN: I mean we know in advance that the execution is going to take place on a certain date and a certain time we would go in public. I believe that would be their fear.

ZULFIKAR ABBANY: But what would they have been scared of - that that could have created heightened tensions in and around the country?

WIRAWAN ADNAN: I think that's a fair thing to say, yes. But I do not know. But we believe that the public has the right to know while they don't.

ZULFIKAR ABBANY: So, how do you think the Attorney-General will be receptive to your complaints, to the lawsuit if you do indeed file it?

WIRAWAN ADNAN: I do not think they would be worried much about it because they have a lot of support from the present administration, from the majority of the population and the majority of the international community. So I do not think that they would worry much. But for the records we're going to do it.

ZULFIKAR ABBANY: Surely also the Government would want to play down any response after these executions, to ensure that there are no responses that may cause unrest in the country. So they would want to keep your complaint under a wrap?

WIRAWAN ADNAN: Yes, I think that has been their intention all along. You know, I mean, if they want to create a deterrent effect they should go public about it so that what they're doing is in accordance with the law because at this point we do not know whether or not prior to the execution there has been torture, there has been any condemnations to the people.

ZULFIKAR ABBANY: Are you saying that you're worried that there could have been acts of torture against the three men before they were executed?

WIRAWAN ADNAN: Yes, there could be...

ZULFIKAR ABBANY: But the bodies were taken under the care of the families after the executions, surely you would have seen evidence of torture?

WIRAWAN ADNAN: Well, evidence of torture is not only that, you know. Torture could come in variation of forms, you know, like you strap them too tight you would not leave any evidence. If you swear at them, you know, before the execution, that would also be violation to the human rights. All those things would not leave any evidence.

ZULFIKAR ABBANY: Now aside from your complaints as a lawyer that you and your team were not allowed to meet with the men before they were executed, about the families - surely if the families want to file a lawsuit with the Attorney-General it is also about their grief, isn't it? About them not accepting what has happened?

WIRAWAN ADNAN: Yes, yes, that is probably right but, you know, we're trying to be very careful about what we're doing right now, because I know the public are against us right now. We do not want to create (the idea) that we are opposed to this sort of punishment. We're not opposed to what the government should have done but we've tried to correct the enforcement of the law because we're talking about taking a life of a human being regardless of, you know, he has been a convicted terrorist, you know.