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Amnesty criticizes SBY over surge in blasphemy convictions
Jakarta Post - November 21, 2014
During Yudhoyono's decade in office, 106 individuals were convicted under blasphemy laws, with some receiving prison sentences of up to five years, according to a report released by Amnesty International on Friday.
"These numbers themselves paint a vivid picture. Although the blasphemy law was enacted in 1965 and is also included in the KUHP [criminal code], it was rarely used until 2004, when Yudhoyono took office and convictions under the blasphemy law skyrocketed," said Rupert Abbott, Amnesty International's South East Asia and Pacific research director.
In comparison, only 10 individuals were prosecuted and convicted for blasphemy during the New Order era, which lasted from 1966 to 1998.
"Indonesia's blasphemy laws fly in the face of international law and standards and must be repealed urgently," Abbott said, adding that he was referring to Law No. 5/1969 and Article 156(a) of the KUHP.
The history of the blasphemy law dates to 1965, when then president Sukarno enacted Presidential Decree No. 1/PNPS/165 on the prevention of religious abuse and/or defamation.
The decree was made law in 1969. In 2009, a coalition of NGOs and several prominent individuals lodged an application for a judicial review with the Constitutional Court, arguing that the blasphemy law contravened the right to religious freedom as provided for in articles 28E and 29 of the Constitution (UUD).
The court, however, upheld the validity of the blasphemy law on the grounds of "public order" and "religious values" in Article 28J(2) of the UUD.
Of the 106 individuals convicted, nine are still in jail, according to the report. "They are all prisoners of conscience and should be released immediately and unconditionally," he said, citing Tajul Muluk as an example.
Tajul is a Shia Muslim religious leader from East Java who is currently serving a four-year sentence after the local police in Sampang launched a blasphemy case against him in 2012. He was sentenced to two years in prison, later extended to four years.
Since his detention, most of his evicted Shia community has been barred from returning to their homes, with the government citing safety reasons, but doing little to provide comprehensive solutions.
Therefore, the most practical thing that President Joko "Jokowi" Widodo could do at the moment to strengthen protection for religious minorities would be to release those nine prisoners, Abbott added.
"It's been encouraging to hear the President making human rights commitments, but now is the time to deliver and put those words into action," he continued. (nfo)
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