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Indonesia: Judges of Central Jakarta District Court refuse Prosecutor's indictment and order rehabilitation of 26 defendants
Asian Human Rights Commission Urgent Action – November 30, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has been updated by Jakarta Legal Aid regarding the prosecution against 23 labor activists, two public lawyers, and one university student in the Central Jakarta District Court. The Judges have stated that there is not enough evidence to punish the 26 defendants, and therefore the judges have refused the indictment of the Public Prosecutor; the judges stated that the 26 defendants are not guilty and must be rehabilitated.
Updated information:
On Thursday 22 November 2016, judges of the Central Jakarta District Court released two legal aid lawyers, Mr. Tigor Gempita Hutapea and Mr. Obed Sakti Luitnan, as well as 23 labor activists and one university student. The 26 activists were charged and indicted by the Public Prosecutor due to their participation in a public protest in front of the Presidential Palace on 30 October 2015. At the time, the protest was regarding cancelation of Government Regulation No. 78 of 2015 on wages.
At that time, the police forcibly dispersed the protest, and destroyed some vehicles and sound systems belonging to the protesters. Then, the police arrested and charged the 26 activists. Even though the police released all of them, the case continued and finally the Public Prosecutor submitted the indictment to the Central Jakarta District Court. The trial process upon the 26 activists occurred between February 2016 and November 2016.
In the judgment, the judges have stated that the defendants conducted public protest in line with the regulation. The judges also stated that the protest was conducted peacefully, and that there was no destruction committed by the activists. On the contrary, the judges stated that the police officers themselves committed repressive actions and forcibly dispersed the peaceful public protest. The judges also acknowledged that the police officers committed violence and destroyed the vehicles and property belonging to the protesters.
At that time, the protesters obeyed the announcement and orders of the police and therefore the sound system vehicle that was used to lead the protest retreated and left the protest arena. However, the sound system vehicle was moving slowly as there were many participants in the public protest. The participants were blocking the way of the sound system vehicle, because at that time the police had shot the protesters with tear gas. Many police officers who wore T-shirt written "Turn Back Crimes" chased and arrested the protesters. The judges stated that the indictment of the Public Prosecutor failed to prove that the protesters violated the law. Therefore, the Judges stated that the protesters are not guilty.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the government should ensure the protection of human rights defenders and stop any form of criminalization and fabrication of charges against human rights defenders, labor activists, lawyers, and various civil society organizations who fighting for their rights. The police should react professionally and proportionally and also respect the right of every citizen on freedom of opinion and expression.
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-UAU-026-2016
Sample letter:
Dear ....................,
Indonesia: Judges of Central Jakarta District Court refuse Prosecutor's indictment and order rehabilitation of 26 defendants
On Thursday 22 November 2016, judges of the Central Jakarta District Court released two legal aid lawyers, Mr. Tigor Gempita Hutapea and Mr. Obed Sakti Luitnan, as well as 23 labor activists and one university student. The 26 activists were charged and indicted by the Public Prosecutor due to their participation in a public protest in front of the Presidential Palace on 30 October 2015. At the time, the protest was regarding cancelation of Government Regulation No. 78 of 2015 on wages.
At that time, the police forcibly dispersed the protest, and destroyed some vehicles and sound systems belonging to the protesters. Then, the police arrested and charged the 26 activists. Even though the police released all of them, the case continued and finally the Public Prosecutor submitted the indictment to the Central Jakarta District Court. The trial process upon the 26 activists occurred between February 2016 and November 2016.
In the judgment, the judges have stated that the defendants conducted public protest in line with the regulation. The judges also stated that the protest was conducted peacefully, and that there was no destruction committed by the activists. On the contrary, the judges stated that the police officers themselves committed repressive actions and forcibly dispersed the peaceful public protest. The judges also acknowledged that the police officers committed violence and destroyed the vehicles and property belonging to the protesters.
At that time, the protesters obeyed the announcement and orders of the police and therefore the sound system vehicle that was used to lead the protest retreated and left the protest arena. However, the sound system vehicle was moving slowly as there were many participants in the public protest. The participants were blocking the way of the sound system vehicle, because at that time the police had shot the protesters with tear gas. Many police officers who wore T-shirt written "Turn Back Crimes" chased and arrested the protesters. The judges stated that the indictment of the Public Prosecutor failed to prove that the protesters violated the law. Therefore, the Judges stated that the protesters are not guilty.
Therefore, I respectfully request that you ensure the government protects the human rights defenders and stops any form of criminalization and fabrication of charges against human rights defenders, labor activists, lawyers, and various civil society organizations that fight for their rights. The police should react professionally and proportionally and also respect the right of every citizen to exercise their freedom of opinion and expression.
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 Pol.
Drs. H.M. Tito Karnavian, M.A., Ph.D
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. Ms. Poengky
Indarti
Commissioner
of the 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
KetuaKomisi III
DPR RI
Gedung Nusantara
II DPR RI, Lt I
Jalan Jenderal
Gatot Subroto, 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
Lembaga Perlindungan
Saksi dan Korban (LPSK)
JL. Proklamasi
No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606/+62
21 31927881
9. M. Imdadun
Rahmat
Chairperson of
the National Commission on Human Rights (Komnas HAM)
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
10. Mr. HM Prasetyo
Attorney General
of Republic of Indonesia
Kejaksaan Agung
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-026-2016.
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