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Defence Minister's call amounts to the obstruction of justice
Joint Statement - March 18, 2008
[The following statement was issued by Kontras, the Commission for the Disappeared and the Victims of Violence, together with eight other human rights NGOs, on 18 March 2008. Translated by TAPOL.]
The agreement reached between Minister of Defence Juwono Sudarsono and retired General Wiranto as well as Kabainkum (sic) to call on retired officers not to respond to any summons from the National Human Rights Commission, Komnas HAM is a reflection of the government's official support for the practice of impunity in Indonesia.
There is no denying that the Defence Minister has turned himself into a barrier in front of the door, obstructing those seeking justice for past human rights violations rather than someone who facilitates justice and accountability. He has shifted from focusing on the reform of the security sector to attacking another state institution, namely Komnas HAM, whose powers have recently been reinforced by state regulations.
His illegal call shows that the Minister of Defence understands nothing about the legal procedures undertaken by Komnas HAM. This is proven by his statement with regard to statements made by retired officers that would become part of any verbal procedure. Article 89(3)(b) of Law 39, 1999 on Human Rights states that one of the powers of Komnas HAM is to undertake investigations of incidents which are regarded as being gross violations of human rights.
The Obstruction of Justice call made by the Defence Minister is proof that the government is unwilling to deal with past violations perpetrated by officers of the armed forces and will trigger a reaction from the international community regarding the obligation (obligatio erga omnes) to detain, extradite and try persons responsible for gross human rights violations in the interests of those seeking justice, namely the victims and their families. Such obstruction of justice by the Defence Minister should be challenged by the community of victims and more particularly by those whose job it is to enforce the law in this country.
In view of this, we defenders of human rights in Indonesia express our support for any efforts by Komnas HAM to ignore this illegal call by the Defence Minister and to continue with their work to expose human rights violations perpetrated in the past. We also support efforts by Komnas HAM to take legal action against the Department of Defence and the Minister of Defence because they are obstructing the efforts of all those seeking justice.
We call upon President Susilo Bambang Yudhoyono to stand firm and take measures against the Minister of Defence's protection of those who have been responsible for gross human right violations in this country. The President should take into consideration Indonesia's position and standing in the world at large in giving safe haven to those who have perpetrated gross human rights violations.
We call upon the Attorney-General as the institution responsible for undertaking investigations and filing charges to continue with cases without regard for these political, social, religious, racial, cultural elements and discrimination of whatever nature, in keeping with his lawful responsibility to bring to justice all perpetrators of human rights in accordance with the UN Guidelines on the Role of Prosecutors (1990)
Statement issued by:
Kontras, Imparsial, HRGW, IDSPS, PBHI, INFID, ELSAM, YLBHI, ICW
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