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Indonesia: Police failed to protect Ahmadiyah mosque from attacks by Islamic fundamentalist group in Singaparna
Asian Human Rights Commission Urgent Appeal - May 11, 2012 (see sample letter below)
Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the attack directed by an Islamic fundamentalist group, Islam Defenders Front (Front Pembela Islam, FPI) towards an Ahmadiyah mosque in Singaparna, Tasikmalaya, West Java. The attack took place on Friday, 20 April 2012. The police was present at the time of the attack yet it did not take any action to prevent or stop the attacks directed towards the mosque. As of the time of writing, the police have not named anyone as suspects.
Case narrative:
According to information AHRC obtained from a witness, Doni Sutriana, at around 8 in the morning two police Mass Control (Pengendalian Masyarakat, Dalmas) trucks arrived in the location where the Baitul Rahim mosque is located. One platoon of police was deployed to Baitul Rahim mosque. On the previous day, there was news received from the police, the village officers as well as the religious affairs office that the FPI would come to the mosque. The FPI said it wanted to come to the mosque to put a banner which reads that the local villagers refuse the presence of Ahmadiyah in their area.
Not long after the FPI managed to place the banner, approximately 150 people came and some of them were carrying sticks. In front of the Baitul Rahim mosque, the leader of the group delivered a speech saying that, according to the Joint Decree of the Minister of Religious Affair, the Attorney General and the Indonesian Home Minister No. 3 Year 2008 as well as the Governor's Regulation No. 12 year 2011, the mosque should be closed down. These two regulations were based on the view that Ahmadiyah is a deviant form of Islam that it is considered as religious blasphemy. Religious blasphemy itself is a crime and prohibited by Law No. 1/PnPs/1965 which was later adopted in Article 156a of the Penal Code.
In his speech, the leader of the group also mentioned that they would come back again later to the mosque without any coordination with the police should there be any Ahmadiyah activities conducted at the mosque. The leader of the group later ordered the group members to ensure that the mosque was sealed. Soon after his order, the window of the mosque was destroyed to which the leader responded by asking the group not to be violent. Yet his order was simply ignored because after successfully being calmed for sometime, the group started destroying the mosque again. The group even broke the seal they put themselves on the gate of the mosque and destroyed the lamps, water taps as well as the TV aerial of the mosque.
Two Ahmadiyah men were cleaning the mosque as this happened and the group attempted to get them. One of the men fell over and suffered light injuries. The attack was ongoing for about 20 minutes and, during this time, three Molotov bombs were thrown into the mosque which started a fire. The police were present during the attack yet none of them took any measures to prevent the group from destroying the mosque. Instead, the police attempted to disperse the group only after the mosque had been severely damaged. The police said they did not know that the group was attacking the mosque as some members of the group managed to get into the mosque by using the back entrance. Yet the witnesses testified that nobody got into the mosque from the back entrance. All members of the group managed to get in by using the front entrance of the mosque.
Additional information:
Under the Law No. 2 Year 2002 regarding the Indonesian National Police, one of the main duties of the police is to provide protection to any members of society. Article 14 paragraph (1) point i of the law specifically establishes that the police is obliged to protect life, properties, the society and the environment from any kind of attacks or disruptions. In exercising such duty, the police have to respect human rights principles, one of which is the prohibition of discrimination. The Chief of the Indonesian National Police's Regulation No. 8 Year 2009 emphasises this by stating in one of its articles that 'in accordance with the principle of respect for human rights, every INP member in discharging his/her duties or in the course of their daily lives must protect and respect human rights, or at least... act justly and non-discriminatory'.
However, this obligation is rarely fulfilled by the police when it comes to cases regarding attacks towards the Ahmadiyah communities in Indonesia. A local NGO, Lembaga Studi dan Advokasi Masyarakat (Institute for Policy Research and Advocacy, ELSAM) reported that Ahmadiyah is the most persecuted religious groups in Indonesia. In 2011, 54% of freedom of religion cases in Indonesia is concerning the Ahmadiyah. The full report in English can be downloaded in here. Despite this fact, those who committed violence against the Ahmadiyah is hardly punished proportionately. Twelve people who beat three Ahmadiyah members to death last year were only sentenced to less than a year imprisonment. In other cases, the perpetrators just simply got off scot-free.
Attacks towards the Ahmadiyah seem to be encouraged and justified with the issuance of policies that prohibit any religious activities of Ahmadiyah in Indonesia. In 2008, the Indonesian Minister of Religious Affair, the Attorney General and the Indonesian Home Minister issued a joint decree banning any religious activities of Ahmadiyah in Indonesia. One of the points established in the joint decree is that the members of Ahmadiyah are prohibited to disseminate any interpretation and religious activities which are not in accordance with the mainstream Islam's teachings otherwise they will be punished for religious blasphemy, in accordance with laws. Such joint decree influenced the issuance of the Governor of West Java Regulation No. 12 Year 2011 three years later which does not only reaffirm the 2008 Joint Decree but also provides more detailed prohibition of Ahmadiyah's activities in West Java. For instance, according to Article 3 paragraph (2) of the Governor Regulation, the prohibited activities include the dissemination of Ahmadiyah's teachings in any forms, the using of any Ahmadiyah's attributes and the establishment of Ahmadiyah's name boards.
Suggested action:
Please write to the listed authorities below urging them to ensure the perpetrators to be brought to justice. Independent, impartial and effective investigation has to be conducted and the punishment imposed to the perpetrators should reflect the severity of the crimes they committed. Please also urge the relevant authorities to repeal any law and policies which are discriminatory towards religious minority groups. It is also essential to ensure that the police and other law enforcement officials have to protect every individual within Indonesia territory and jurisdiction without any discrimination.
To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-071-2012
Dear ___________,
Indonesia: Police failed to protect Ahmadiyah mosque from attacks by Islamic fundamentalist group in Singaparna
I was informed that, initially, the FPI's intention in visiting the mosque was to put a banner which reads that the local residents reject the presence of Ahmadiyah as well as its activities in their area. The leader of the group came to Baitul Rahim mosque also delivered a speech which basically asserted that the mosque should be closed down, in accordance with the 2008 Joint Regulation of the Indonesian Minister of Religious Affair, the Attorney General and the Indonesian Home Minister as well as the West Java Governor's Regulation concerning the prohibition of Ahmadiyah's religious activities. Soon after he ordered the group to make sure that the mosque had been sealed, the members of FPI started smashing the windows of the mosque. The leader's persuasion not to commit any violence was simply ignored and the members of the group kept destroying the lamp, water tab and the TV aerial of the mosque. Three Molotov bombs were also thrown into the mosque which started a fire. The police were present during the attack yet they did not take any measures until the mosque had been severely damaged.
I am aware that, under the Law No. 2 Year 2002 concerning the Indonesian National Police as well as the Chief of the Indonesian National Police No. 8 Year 2009, the police in Indonesia are obliged to ensure and protect the safety of every individual within the Indonesia territory and jurisdiction. I have also learned that, in so doing, the police have to respect the non-discrimination principle. I am therefore concerned with the fact that, in this case, the police have failed to protect the security of Ahmadiyah group in Singaparna by not taking adequate measures to prevent and stop the attacks directed by FPI against the Ahmadiyah's Baitul Rahim mosque.
I would also like to emphasise that the 1945 Constitution guarantees the right of anyone, without exception, to freedom of religion. Bearing in mind that Indonesia is a state party to the International Covenant on Civil and Political Rights (ICCPR), the interpretation of such right should be in accordance with the international human rights standard. The term 'religion' under such right should be understood in a broad sense. In General Comment No. 22, the UN Human Rights Committee upholds that the term 'religion' does not refer only to traditional religions or religions with institutional characteristics or practice analogous to those of traditional religions. The Committee, therefore, 'views with concern any tendency to discriminate against any religion or belief for any reason, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility on the part of a predominant religious community.' Based on such interpretation concerning freedom of religion, I believe the 2008 Joint Decree and West Java Governor Regulation No. 12 Year 2011 which prohibit any religious activities of the Ahmadiyah members are in violation of the right to freedom of religion.
For these reasons, I am urging you to take all the necessary measures to ensure those who are responsible for the attack towards the Baitul Rahim mosque are proportionately punished. The police and other relevant institutions who conduct investigation and examination on this case have to be impartial and do not have any prejudice against the Ahmadiyah which may undermine the settlement of the case. I am also urging you to ensure that all discriminatory laws, policies and practices are repealed and eliminated to stop Indonesia from breaching its human rights obligations and its own constitution.
Your swift and effective response on this matter is requested.
Yours sincerely,
Please send your letters to:
1. Mr. Susilo Bambang Yudhoyono
President of the Republic
of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 386 3777, 350
3088
Fax: +62 21 344 2223
2. Gen. Timur Pradopo
Chief of the Indonesian
National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
E-mail: polri@polri.go.id,
info@polri.go.id
3. Prof. Harkristuti Harkrisnowo
General Director of Human
Rights
Ministry of Law and Human
Rights
Jl. HR Rasuna Said Kav.
C-1 Kuningan
Jakarta Selatan 12920
INDONESIA
Tel: +62 21 252 1344
Fax: +62 21 45555 5676
E-mail: info@ham.go.id
4. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human
Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel:+62 21 3925 230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
5. Mr. Suryadharma Ali
Minister of Religion Affairs
Jl. Lapangan Benteng Barat
No. 3-4
Jakarta 10710
INDONESIA
Fax: +62 21 381 2306
E-mail: pinmas@kemenag.go.id,
dumas@kemenag.go.id
6. Mr. Gamawan Fauzi
Indonesian Home Minister
Jl. Medan Merdeka Utara
No. 7
Jakarta Pusat
INDONESIA
Tel: +62 21 345 0038
Fax: +62 21 385 1193, 3483
0261, 384 6430
E-mail: pusdatinkomtel@depdagri.go.id
7. Mr. Basrief Arief
Attorney General
Jl. Sultan Hassanudin No.
1, Jakarta Selatan 12160
INDONESIA
Tel: +62 21 722 1388, 720
3062
Fax: +62 21 725 1277
8. Mr. Ahmad Heryawan
Governor of West Java
Jl. Taman Sari No. 55, Bandung
INDONESIA
Tel: +62 22 250 2898
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
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