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Indonesia: Human rights defender summoned by police after speaking on TV
Asian Human Rights Commission Urgent Appeal - February 12, 2016
The Asian Human Rights Commission (AHRC) has learnt that the Criminal Investigation Agency of the Police Headquarters (Bareskrim Mabes Polri) has summoned human rights defender Mr. Erwin Natosmal Oemar for questioning regarding his statement on a TV talk show on 25 August 2015. Mr. Erwin works at the Indonesian Legal Roundtable (ILR), an NGO advocating policy on law and human rights. The police have ignored the procedure of the Indonesian Press Council (Dewan Perss), under whose jurisdiction Mr. Erwin's case falls. This is yet another case of rights defenders being criminalised for speaking out against corruption and other ills plaguing Indonesian society.
Case narrative:
On 25 August 2015, Mr. Erwin was invited to be one of the resource persons at the Indonesia Lawyer Club (ILC) program. Televised by TV One, a national private TV company, the theme of the dialogue was "Impact of Sarpin case: Supreme Court (MA) Vs Judicial Commission (KY)." The dialogue was also attended by others resource persons, including Professor Mahfud MD, former chairperson of the Constitutional Court and Police Inspector General Anton Charliyan, a national police spokesperson.
At one point in the show, Mr. Erwin was asked by the host to comment upon an earlier statement made by Inspector General Anton. Mr. Erwin put forth two points: first, that Inspector General Anton tends to be Judge Sarpin's lawyer rather than a police officer, and second, that the Indonesian police is a machine of criminalization.
Judge Sarpin is the judge who led the pretrial process involving Police Commissaries General Budi Gunawan, a suspect of graft. In his decision, Judge Sarpin canceled the suspect status of General Budi Gunawan, due to which the Corruption Eradication Commission (KPK) cannot further investigate the case, unless there is enough evidence to rename General Budi as a suspect.
Mr. Erwin's point regarding the criminalization of the police referred to a number of criminalization cases against anti-corruption activists and KPK commissioners who previously named General Budi a suspect of graft.
On 30 December 2015, Mr. Erwin received the first police summons, sent by Bareksrim Mabes Polri, stating that Erwin had violated Article 207 of the Indonesian Penal Code (KUHP) on crimes against public authority. So far, Mr. Erwin has received two summon letters, however, he decided not to attend the police examination. Instead he brought the case to the Press Council (Dewan Pers), as it is not a criminal case, rather constitutes a violation of journalism ethics. The Press Council is the only institution entitled to examine violations of journalism ethics. Uninterested in the examination process undertaken by the Press Council, the police continue to insist on questioning Mr. Erwin.
Although the police has summoned Mr. Erwin as a witness, it is likely that he will become a suspect, as according to the Indonesian Penal Code of Procedure (KUHAP), before somebody is named as a suspect, they should become a witness first.
Mr. Erwin's case is only one of many such cases involving human rights defenders in Indonesia. Despite the various threats faced by rights defenders, the government has yet to provide protection for them. Although the National Commission on Human Rights (Komnas HAM) has established a special desk for dealing with the protection of human rights defenders, it has yet to function effectively as it has no legal basis. Both the government and the parliament have been reluctant in the last decade to continue the drafting process of the bill on human rights defenders' protection.
Additional information:
In relation to Judge Sarpin and the criminalization against KPK Commissioners, there were no fewer than 51 people criminalized by the Criminal Investigation Department (BARESKRIM), because of their fight for the eradication of corruption, including commissioners of the Judicial Commission, the Indonesian Corruption Watch (ICW), and other activists.
Suggested action:
Please write to the authorities listed below, asking them to stop the fabrication of criminal charges against human rights defenders and all those who express their thoughts and opinions. These rights are protected both by the 1945 Indonesian Constitution, and international human rights law to which Indonesia is state party, such as the International Covenant on Civil and Political Rights (ICCPR).
The AHRC will
write a separate letter to the UN Special Rapporteur on the situation of
human rights defenders, and the UN Special Rapporteur on the promotion
and protection of the right to freedom of opinion and expression, calling
for their intervention into this matter.
.
To support this
case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-008-2016
Sample letter:
Dear ....................,
Indonesia: Human rights defender summoned by police after speaking on TV
On 25 August 2015, Mr. Erwin was invited to be one of the resource persons at the Indonesia Lawyer Club (ILC) program. Televised by TV One, a national private TV company, the theme of the dialogue was "Impact of Sarpin case: Supreme Court (MA) Vs Judicial Commission (KY)." The dialogue was also attended by others resource persons, including Professor Mahfud MD, former chairperson of the Constitutional Court and Police Inspector General Anton Charliyan, a national police spokesperson.
At one point in the show, Mr. Erwin was asked by the host to comment upon an earlier statement made by Inspector General Anton. Mr. Erwin put forth two points: first, that Inspector General Anton tends to be Judge Sarpin's lawyer rather than a police officer, and second, that the Indonesian police is a machine of criminalization.
Judge Sarpin is the judge who led the pretrial process involving Police Commissaries General Budi Gunawan, a suspect of graft. In his decision, Judge Sarpin canceled the suspect status of General Budi Gunawan, due to which the Corruption Eradication Commission (KPK) cannot further investigate the case, unless there is enough evidence to rename General Budi as a suspect.
Mr. Erwin's point regarding the criminalization of the police referred to a number of criminalization cases against anti-corruption activists and KPK commissioners who previously named General Budi a suspect of graft.
On 30 December 2015, Mr. Erwin received the first police summons, sent by Bareksrim Mabes Polri, stating that Erwin had violated Article 207 of the Indonesian Penal Code (KUHP) on crimes against public authority. So far, Mr. Erwin has received two summon letters, however, he decided not to attend the police examination. Instead he brought the case to the Press Council (Dewan Pers), as it is not a criminal case, rather constitutes a violation of journalism ethics. The Press Council is the only institution entitled to examine violations of journalism ethics. Uninterested in the examination process undertaken by the Press Council, the police continue to insist on questioning Mr. Erwin.
Although the police has summoned Mr. Erwin as a witness, it is likely that he will become a suspect, as according to the Indonesian Penal Code of Procedure (KUHAP), before somebody is named as a suspect, they should become a witness first.
Mr. Erwin's case is only one of many such cases involving human rights defenders in Indonesia. Despite the various threats faced by rights defenders, the government has yet to provide protection for them. Although the National Commission on Human Rights (Komnas HAM) has established a special desk for dealing with the protection of human rights defenders, it has yet to function effectively as it has no legal basis. Both the government and the parliament have been reluctant in the last decade to continue the drafting process of the bill on human rights defenders' protection.
Therefore, I respectfully request you to ensure that the Indonesian police respect and protect the right to freedom of opinion and thought as regulated in the 1945 Indonesian Constitution.
The police should stop the examination of Mr. Erwin, and rather than bringing criminal charges against him, they should use the right to answer through media or official letters; in a democratic state, the right to answer any allegation is suggested and regulated by the law.
Furthermore, the police should respect the process undertaken by the Press Council.
I look forward to your prompt action in this matter.
Yours Sincerely,
...................
Please send your letters to:
1. Mr. Joko Widodo
President of
the Republic of Indonesia
Jl. Veteran No.
16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458
595
Fax: +62 21 3484
4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna
Laoly
Minister of Law
and Human Rights
Jl. HR Rasuna
Said Kav. 6 – 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 525
3006, 525 3889
Fax: +62 21 525
3095
3. Dr. Mualimin
Abdi SH., MH
Director General
of Human Rights
Office of the
Director General of Human Rights
Jl. HR Rasuna
Said Kav. 6 – 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Badroedin
Haiti
Chief of National
Police (KAPOLRI)
Jl. Trunojoyo
No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384
8537, 726 0306
Fax: +62 21 7220
669
E-mail: info@polri.go.id
5. Mr. Bagir Manan
Chairperson of
Press Council (Dewan Pers)
Gedung Dewan
Pers Lantai VII – VIII
Jl. Kebon Sirih
No. 32-34 Jakarta Pusat 10110
Telp: +62 21-3521488,
+62 21-3504877, +62 21 3504874-75
Fak: +62 21-3452030
6. Mr. Luhut Binsar
Panjaitan
Chairperson National
Police Commission
Jl. Tirtayasa
VII No. 20
Kebayoran Baru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
7. Mr. Danang
Girindrawardana
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Nur Kholis
Chairperson National
Human Rights Commission
Jl. Latuharhary
No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392
5227-30
Fax: +62 21 392
5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-008-2016.
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