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Indonesia: Rights defender charged with criminal defamation for circulating drug dealer testimony alleging official involvement in drug trade
Asian Human Rights Commission Urgent Appeal - August 11, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappearances and Victims of Violence (KontraS) regarding criminal defamation charges against its coordinator Mr. Haris Azhar. Haris received and shared information from death row inmate Mr. Freddy Budiman regarding the alleged involvement of high ranking police and military personnel in the illegal drug business. Consequently, the police, military and National Narcotic Board (BNN) requested Haris to prove this information. Haris was then charged with criminal defamation under the Indonesian Penal Code and the Law No. 11 of 2008 on Information and Electronic Transaction (ITE).
Case narrative: (Based on the story published by KontraS)
On 29 July 2016, Haris Azhar, a coordinator of KontraS, a prominent national human rights NGO, circulated information through WhatsApp and other social media about his experience when he visited Nusakambangan prison, Central Java province in 2014.
Haris visited the prison on an invitation from a church organization that used to provide religious services there. Haris met with some detainees in the prison, including convicted drug kingpin Freddy Budiman. Freddy requested Haris to listen to his story, and share it with the public.
According to Freddy's story, Freddy had cooperation from the police and BNN for smuggling drugs to Indonesia. Freddy added that he was also accompanied by a military general when he smuggled drugs from Medan, North Sumatera to Jakarta. According to Freddy, he drove a military vehicle with the Major General sitting beside him. Freddy told Haris that in total, he had transferred IDR 450 Billion to the BNN, and IDR 90 Billion to the police.
Freddy added that when he smuggled drugs from China to Indonesia, he always phoned and communicated with officials at the BNN and the Police in order to ensure that the drugs would reach Indonesia safely. He bought the drugs from the factory in China at IDR 5000 per piece, and there were some requests for him to increase the price to be IDR 10.000 or IDR 30.000. Freddy accepted the request and sharing the profit.
Subsequently, before Freddy and other death row inmates were to be executed on 29 July 2016, Haris phoned President Joko Widodo's spokesperson Mr. Johan Budi, in order to submit Freddy's story directly to the President. Haris convinced Mr. Johan that the story received from Freddy is important enough to be submitted to the President directly.
However, Mr. Johan seemingly did not follow up the request, and on the contrary, he only promised Haris that he will communicate this matter to President Widodo. In fact, until Freddy was executed by firing squad, Mr. Johan failed to ensure that President Widodo learned Freddy's story about official involvement in the illegal drug business.
Due to the lack of response from President Widodo, Haris decided to circulate Freddy's testimony through WhatsApp and other social media, and suddenly the information became national headline news and a trending topic in social media.
Shortly thereafter, police, military and BNN requested Haris to prove to what extent there was high level official involvement in the illegal drug trade. Those institutions announced that if Haris failed to prove this, then he would be held responsible before the law.
On August 4, Haris was reported to the National Police's Criminal Investigation Department (Bareskrim) and charged with criminal defamation as regulated under the Indonesian Penal Code (KUHP) and the Law No. 11 of 2008 on the Information and Electronic Transaction (ITE), with a maximum sentence of six year imprisonment and penalty IDR 1.000.000.000 (One Billion Rupiah).
Due to strong public pressure on the government, the police have recently decided to postpone any examination against Haris, and instead are establishing an independent team to investigate the accuracy of Freddy Budiman's story as circulated by Haris.
Additional information:
Although Indonesia has begun political reform for 18 years since the resignation of dictator Soeharto, criminal defamation is still leveled against anyone who speaks against the state. Recently, the Asian Human Rights Commission (AHRC) has documented and reported criminal defamation charged against a rights activist who criticized the police on a TV talk show. The story can be read at AHRC-UAC-008-2016.
While the extent of the involvement of security forces and state apparatus in the illegal drug business remains a mystery in Indonesia, largely due to the unwillingness of the authorities to investigate and prosecute such acts, the Chair of the BNN, Police Commissaries General (Komjem Pol) Budi Waseso, has earlier publicly acknowledged that the eradication of the illegal drug business is very difficult due to the involvement of state apparatus.
Suggested action:
Please write to the authorities listed below, asking them to ensure that Freddy Budiman's testimony is not ignored by the BNN, the Police and the Military. These institutions must conduct internal investigations to uncover the extent of the involvement of their officials (staff) in the illegal drug business. Furthermore, President Widodo should ensure that all criminal charges against Haris Azhar are dropped, and instead prosecute all those officials found to be guilty of assisting the illegal drug trade. The President should also seriously evaluate the policy of capital punishment in the country.
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-101-2016
Sample letter:
Dear....................,
Indonesia: Rights defender charged with criminal defamation for circulating drug dealer testimony alleging official involvement in drug trade
On 29 July 2016, Haris Azhar, a coordinator of KontraS, a prominent national human rights NGO, circulated information through WhatsApp and other social media about his experience when he visited Nusakambangan prison, Central Java province in 2014.
Haris visited the prison on an invitation from a church organization that used to provide religious services there. Haris met with some detainees in the prison, including convicted drug kingpin Freddy Budiman. Freddy requested Haris to listen to his story, and share it with the public.
According to Freddy's story, Freddy had cooperation from the police and BNN for smuggling drugs to Indonesia. Freddy added that he was also accompanied by a military general when he smuggled drugs from Medan, North Sumatera to Jakarta. According to Freddy, he drove a military vehicle with the Major General sitting beside him. Freddy told Haris that in total, he had transferred IDR 450 Billion to the BNN, and IDR 90 Billion to the police.
Freddy added that when he smuggled drugs from China to Indonesia, he always phoned and communicated with officials at the BNN and the Police in order to ensure that the drugs would reach Indonesia safely. He bought the drugs from the factory in China at IDR 5000 per piece, and there were some requests for him to increase the price to be IDR 10.000 or IDR 30.000. Freddy accepted the request and sharing the profit.
Subsequently, before Freddy and other death row inmates were to be executed on 29 July 2016, Haris phoned President Joko Widodo's spokesperson Mr. Johan Budi, in order to submit Freddy's story directly to the President. Haris convinced Mr. Johan that the story received from Freddy is important enough to be submitted to the President directly.
However, Mr. Johan seemingly did not follow up the request, and on the contrary, he only promised Haris that he will communicate this matter to President Widodo. In fact, until Freddy was executed by firing squad, Mr. Johan failed to ensure that President Widodo learned Freddy's story about official involvement in the illegal drug business.
Due to the lack of response from President Widodo, Haris decided to circulate Freddy's testimony through WhatsApp and other social media, and suddenly the information became national headline news and a trending topic in social media.
Shortly thereafter, police, military and BNN requested Haris to prove to what extent there was high level official involvement in the illegal drug trade. Those institutions announced that if Haris failed to prove this, then he would be held responsible before the law.
On August 4, Haris was reported to the National Police's Criminal Investigation Department (Bareskrim) and charged with criminal defamation as regulated under the Indonesian Penal Code (KUHP) and the Law No. 11 of 2008 on the Information and Electronic Transaction (ITE), with a maximum sentence of six year imprisonment and penalty IDR 1.000.000.000 (One Billion Rupiah).
Due to strong public pressure on the government, the police have recently decided to postpone any examination against Haris, and instead are establishing an independent team to investigate the accuracy of Freddy Budiman's story as circulated by Haris.
Therefore, I respectfully request you to ensure that Freddy Budiman's testimony is not ignored by the BNN, the Police and the Military. These institutions must conduct internal investigations to uncover the extent of the involvement of their officials (staff) in the illegal drug business.
Furthermore, President Widodo should ensure that all criminal charges against Haris Azhar are dropped, and instead prosecute all those officials found to be guilty of assisting the illegal drug trade.
Lastly, the President should seriously evaluate the policy of capital punishment in the country.
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
JalanJenderalGatotSubroto,
Jakarta,
INDONESIA
Telp: +62 21
-5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566
8. Mr. Abdul Haris
Semendawai
Chair person
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
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-101-2016.
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