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Indonesia: Judges failed to apply a high standard for a fair trial in the murder case against a human rights defender
Asian Human Rights Commission Urgent Appeal - June 14, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information, provided by the Indonesian Forum for the Environment, a branch office of Jambi province (WALHI Jambi). It is regarding the brutal attack and murder of Mr. Indra Pelani, a land rights activist. Judges did not take into consideration the alleged involvement of the company behind the perpetrators. On the contrary, the judges convicted five defendants giving them light punishment. They ignored the fact that the murder case fell within the requirements of premeditated murder. Those charged should receive a life sentence or the death penalty under the Indonesian Penal Code (KUHP).
Updated information:
On 6 October 2015, the judges of the Muara Bulian district court, Jambi province, convicted five defendants who killed Mr. Indra Pelani, a land rights activist and a member of the Sekato Peasant Group. These five defendants were Mr. Asmadi, Mr. Ayatullah Khomaini, Mr. Diepsa Popi Sangka, Mr. M.Ridho, and Mr. Zaidian.
The judges gave 14 years imprisonment for Mr. Asmadi, Mr. Ayatullah Khomaini, and Mr. Diepsa Popi Sangka. Mr. M. Ridho was given 10 years imprisonment while another defendant, Mr. Zaidan, was given eight years.
Indra's mother, who attended the trial, expressed her disappointment. The verdict was far away from the information submitted by the public prosecutor. It was under the Indonesian Penal Code (KUHP) article 340, article 70 paragraph 1, article 338 and article 170, fixing life imprisonment or the death penalty.
The murder of Indra Pelani was carried out by personnel of the Quick Response Unit (URC) and security division of the Wira Karya Sakti Company (also known as PT WKS), a subsidiary of Asia Pulp and Paper (APP). Mr. Indra Pelani and Mr. Nick Karim, an environmental activist, were riding a motorcycle to a harvest site, located 60 km from their village, passing the security office. URC already knew that Mr. Indra would be passing the security post. Without any conversation, they surrounded Indra, brutally attacked and killed him. Nick Karim ran away to seek the help of villagers. Indra could not manage to escape, was assaulted and killed by seven security personnel of URC.
In a different case, the Asia Pulp and Paper Company was allegedly involved in an illegal forest fire in Sumatera. However, due to the lack of a police investigation, the charge of the company's involvement was erased in the final police report. The police did not consider that the murder of Mr. Indra was due to his advocacy efforts. He had fought against the company that illegally grabbed the land belonging to local peasants.
Additional information:
The murder of Indra Pelani proves that human rights defenders in Indonesia face serious threats. In the past year, the AHRC had reported other cases of murder against human rights defenders. Two examples are: the case of murder against a land rights activist who protested illegal sand mining (AHRC-UAC-130-2015) and the murder of an environmental activist who campaigned vigorously against environmental damage (AHRC-UAC-080-2015).
Suggested action:
Please write to the authorities listed below, asking them to further investigate the alleged involvement of the Wira Karya Sakti Company in the murder of Indra Pelani. It is expected that the government would provide assistance and compensation for the victim's families. It is the government's duty of care to ensure the protection of human rights defenders, without any discrimination, so a repeat of this criminal activity does not recur in the future.
The AHRC is writing separate letters to the UN Special Rapporteur on the independence of judges and lawyers, and the UN Special Rapporteur on the situation of human rights defenders, calling for the Rapporteur's intervention in this matter.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAU-011-2016
Sample letter:
Dear....................,
Indonesia: Judges failed to apply a high standard for a fair trial in the murder case of a human rights defender
On 6 October 2015, the judges of the Muara Bulian district court, Jambi province, convicted five defendants who killed Mr. Indra Pelani, a land rights activist and a member of the Sekato Peasant Group. These five defendants were Mr. Asmadi, Mr. Ayatullah Khomaini, Mr. Diepsa Popi Sangka, Mr. M.Ridho, and Mr. Zaidian.
The judges gave 14 years imprisonment for Mr. Asmadi, Mr. Ayatullah Khomaini, and Mr. Diepsa Popi Sangka. Mr. M. Ridho was given 10 years imprisonment while another defendant, Mr. Zaidan, was given eight years.
Indra's mother, who attended the trial, expressed her disappointment. The verdict was far away from the information submitted by the public prosecutor. It was under the Indonesian Penal Code (KUHP) article 340, article 70 paragraph 1, article 338 and article 170, fixing life imprisonment or the death penalty.
The murder of Indra Pelani was carried out by personnel of the Quick Response Unit (URC) and security division of the Wira Karya Sakti Company (also known as PT WKS), a subsidiary of Asia Pulp and Paper (APP). Mr. Indra Pelani and Mr. Nick Karim, an environmental activist, were riding a motorcycle to a harvest site, located 60 km from their village, passing the security office. URC already knew that Mr. Indra would be passing the security post. Without any conversation, they surrounded Indra, brutally attacked and killed him. Nick Karim ran away to seek the help of villagers. Indra could not manage to escape, was assaulted and killed by seven security personnel of URC.
In a different case, the Asia Pulp and Paper Company was allegedly involved in an illegal forest fire in Sumatera. However, due to the lack of a police investigation, the charge of the company's involvement was erased in the final police report. The police did not consider that the murder of Mr. Indra was due to his advocacy efforts. He had fought against the company that illegally grabbed the land belonging to local peasants.
Therefore, I respectfully call upon the Indonesian government to ensure that further investigation of the alleged involvement of the Wira Karya Sakti Company in the murder case against Indra Pelani be conducted.
The government must accept the responsibility to provide assistance and compensation for the families of the victims. In addition, the government must ensure protection of human rights defenders, without any discrimination, to ensure that this criminal activity will not recur in the future.
I look forward to your prompt action in this matter.
Yours Sincerely,
...................
Please send your letters to:
1. Mr. JokoWidodo
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
KebayoranBaru,
Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384
8537, 726 0306
Fax: +62 21 7220
669
E-mail: info@polri.go.id
5. Professor.
AmzulianRifai S.H, LL.M, PhD
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
6. Dr. HM. Azis
Syamsuddin, SH
Chairperson of
the Commission III of The House of Representative
KetuaKomisi III
DPR RI
Gedung Nusantara
II DPR RI, Lt I
JalanJenderalGatotSubroto,
Jakarta,
INDONESIA
Telp: +62 21
-5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566
7. Mr. Luhut Binsar
Panjaitan
Chairperson National
Police Commission
Jl. Tirtayasa
VII No. 20
KebayoranBaru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
8. Mr. Imdadun
Rahmat
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
9. Mr. Abdul Haris
Semendawai
Chairperson of
the Agency for Victims and Witness Protection
Lembaga Perlindungan
Sakdi dan Korban (LPSK)
JL. Proklamasi
No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606/+62
21 31927881
10. Mr. H.M. Prasetyo
Attorney General
of Republic of Indonesia
KejaksaanAgung
RI
Jl. Sultan Hasanuddin
No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21
7221337, 7397602
Fax: + 62 21
7250213
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAU-011-2016.
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