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Indonesia: Judges fail to meet standard of fair trial in activist murder case
Asian Human Rights Commission Urgent Appeal - June 28, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the result of the trial process with respect to the assault and torture to death of Mr. Salim Kancil, a land rights defender and environmental activist, who fought against illegal sand mining in Selok Awar-Awar Village, Lumajang Regency, East Java Province. The judges of Surabaya district court failed to apply the standard of fair trial and stonewalled allegations of the involvement of broader actors in illegal sand mining in Selok Awar-Awar Village.
Updated information:
On Thursday, 23 June 2016, Mr. Hariyono, Headman of Selok Awar-Awar Village and Mr. Mat Dasir, Chair of the Community Institution of the Forest Village (LMDH), were sentenced to 20 years imprisonment by judges of Surabaya district court, for masterminding the assault and murder of land rights activist Mr. Salim Kancil.
The sentence is lower than that in the petition submitted by the Public Prosecutor, who was pushing for life imprisonment. Based on the Prosecutor's petition, the defendants were found guilty and in violation of Article 340 of the Indonesian Penal Code (KUHP), which regulates premeditated murder and has a maximum sentence of life imprisonment.
The basic weakness of the trial is that since the police investigation began, and public prosecutor led proceedings continued, there was no serious effort to investigate the allegation of the involvement of the State apparatus and police officers. On the contrary, the police and the Prosecutor, and even the judges, were reluctant to delve deeper into the case.
The judges also have not taken into consideration the national law on human rights, and international human rights law that has already ratified by the government, to strengthen the standard of the trial and judgment. Therefore, the trial has resulted in light punishment and has ignored the rights of the victim and his family. The light sentence against the two masterminds will not contribute to the protection of human rights defenders, and the same crimes will recur in the future.
Additional information:
The AHRC, along with its local partner, has monitored the trial that has been conducted in Surabaya district court, East Java Province. The trial into the murder of Salim Kancil is a lesson for the law enforcement agency on how to deal with serious crimes. The law enforcement agency should be able to understand and be capable of applying a high standard of the law, which in this case relate to several key international human rights instruments, which Indonesia is a part of. The light punishment in the Salim Kancil case has shown us that human rights defenders remain unprotected, with no guarantee of due process of law, and no remedy provided by the government.
Previously, the AHRC also noted and documented light punishment for the killing human rights defenders. It can be read at AHRC-UAU-011-2016.
Suggested action:
Please write to the authorities listed below, asking them to monitor and ensure that the judges in the higher courts will apply a high standard of fair trial, and to ensure that the police continue the investigation process, to find the alleged members of the state apparatus who were involved in the assault and murder, and also the illegal sand-mining in Selok Awar-Awar Village.
The AHRC is writing separate letters to the UN Special Rapporteur on the independence of judges and lawyers, the UN Special Rapporteur on the Situation of Human Rights Defenders, and the Special Rapporteur on extrajudicial killing, calling for the Rapporteur's intervention into this matter.
To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAU-013-2016
Sample letter:
Dear....................,
Indonesia: Judges fail to meet standard of fair trial in activist murder case
On Thursday, 23 June 2016, Mr. Hariyono, Headman of Selok Awar-Awar Village and Mr. Mat Dasir, Chair of the Community Institution of the Forest Village (LMDH), were sentenced to 20 years imprisonment by judges of Surabaya district court, for masterminding the assault and murder of land rights activist Mr. Salim Kancil.
The sentence is lower than that in the petition submitted by the Public Prosecutor, who was pushing for life imprisonment. Based on the Prosecutor's petition, the defendants were found guilty and in violation of Article 340 of the Indonesian Penal Code (KUHP), which regulates premeditated murder and has a maximum sentence of life imprisonment.
The basic weakness of the trial is that since the police investigation began, and public prosecutor led proceedings continued, there was no serious effort to investigate the allegation of the involvement of the State apparatus and police officers. On the contrary, the police and the Prosecutor, and even the judges, were reluctant to delve deeper into the case.
The judges also have not taken into consideration the national law on human rights, and international human rights law that has already ratified by the government, to strengthen the standard of the trial and judgment. Therefore, the trial has resulted in light punishment and has ignored the rights of the victim and his family. The light sentence against the two masterminds will not contribute to the protection of human rights defenders, and the same crimes will recur in the future.
Therefore, we call for the government to monitor and ensure that the judges in the higher levels of the court will apply a high standard of fair trial, and that the police will continue the investigation process to find the alleged members of the State apparatus involved in the assault and murder and also illegal sand mining in Selok Awar-Awar Village.
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. YasonnaLaoly
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. MualiminAbdi
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. 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
6. Professor.
Amzulian Rifai 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
7. Dr. HM. Azis
Syamsuddin, SH
Chairperson of
the Commission III of The House of Representative
Ketua Komisi
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
8. Mr. Abdul Haris
Semendawai
Chairperson of
the Agency for Victims and Witness Protection
LembagaPerlindunganSakdidanKorban
(LPSK)
JL. Proklamasi
No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606/+62
21 31927881
9. M.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
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-072-2016.
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