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Indonesia: Weak independent team fails to prove involvement of high ranking officials in illegal drug trade
Asian Human Rights Commission Urgent Appeal - September 22, 2016
Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the case of Haris Azhar, a human rights defender and executive director of the Commission for the Disappearances and Victims of Violence/KontraS, a prominent national human rights NGO. After Haris disseminated information on the alleged involvement of high ranking police and military personnel in the illegal drug trade, he was reported to the police under Law No. 11 of 2008 on the Electronic and Information Transaction. This resulted in strong public pressure for the police and President to drop all criminal charges against him, as well as to further investigate into the relationship between senior public officials and the illegal drug trade. Although an independent team was established to do so, it has failed to prove the information from former drug dealer Freddy Budiman, as circulated by Haris. The basic problem of the team is that its mandate is very weak and its time frame is too short.
Updated information:
In order to follow up on the alleged involvement of high ranking police and military officers in the illegal drug business, on 8 August 2016 the Indonesian Police (POLRI) established an independent team (TPF) to further investigate the information disseminated by Haris Azhar.
Haris disseminated information received from Freddy Budiman, a drug dealer on death row about the involvement of senior police, military and National Narcotic Board (BNN) officials in the illegal drug business.
On 15 September 2016, the TPF launched its report to the journalists. The TPF had made four conclusions. First, the TPF confirmed that the meeting between Haris Azhar and Freddy Budiman in Nusakambangan prison did occur. Second, the TPF stated there is no evidence of the money transferred (IDR 90.000.000.000) from Mr. Freddy to high ranking police officers in the police headquarters. Previously, the Financial Transaction Reports and Analysis Centre (PPATK) had stated there was some mysterious sum of money transferred from Freddy's network to the bank account allegedly belonging to one of the police officers. Third, the TPF did not find significant information based upon Freddy's written petition submitted to the court, as claimed by Freddy and disseminated by Haris. Fourth, the TPF only found abuse of power conducted by a middle ranking police officer with the initials KPS, who conducted extortion against Mr. Akiong, Freddy's boss, a convicted drug dealer on death row, amounting to IDR 668.000.000.
Additional information:
The establishment of the TPF was also proposed by civil society groups, in order to avoid criminal charges against Haris Azhar under Law No. 11 of 2008 on the Electronic and Information Transaction (ITE), and article 27 on criminal defamation with a maximum sentence of six year imprisonment and penalty of IDR 1.000.000.000 (One Billion Rupiah).
The basic problem of the TPF is that its mandate is very weak, the investigation method too normative and its time period too short.
The uncovering of official involvement in the illegal drug trade is very difficult in Indonesia. Despite considerable information and data provided by the public as well as victims who face extortion, there is no significant effort taken by the authorities to investigate or prosecute police and military officials. This stagnation should be addressed by the President. Without strong commitment and courageous actions, it will not be possible to dismantle Indonesia's syndicate of illegal drugs involving state officials.
Suggested action:
Please write to the authorities listed below, asking them to ensure that the information circulated by Haris Azhar must be treated as preliminary information to delve deeper into the alleged involvement of state officials in the illegal drug trade. Despite the TPF failing in its work, the President should ensure protection for everyone who provided information or data regarding the alleged involvement of the officials in the drug trade. The President should learn further about the report of the TPF, and if needed, the President should form a new team with a more powerful and broader mandate to complement the TPF's report.
The AHRC is writing separate letters to the UN Special Rappertour 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-017-2016
Sample letter:
Dear....................,
INDONESIA: Weak independent team fails to prove involvement of high ranking officials in illegal drug trade
After Haris disseminated information on the alleged involvement of high ranking police and military personnel in the illegal drug trade, he was reported to the police under Law No. 11 of 2008 on the Electronic and Information Transaction. This resulted in strong public pressure for the police and President to drop all criminal charges against him, as well as to further investigate into the relationship between senior public officials and the illegal drug trade. Although an independent team was established to do so, it has failed to prove the information from former drug dealer Freddy Budiman, as circulated by Haris. The basic problem of the team is that its mandate is very weak and its time frame is too short.
In order to follow up on the alleged involvement of high ranking police and military officers in the illegal drug business, on 8 August 2016 the Indonesian Police (POLRI) established an independent team (TPF) to further investigate the information disseminated by Haris Azhar.
Haris disseminated information received from Freddy Budiman, a drug dealer on death row about the involvement of senior police, military and National Narcotic Board (BNN) officials in the illegal drug business.
On 15 September 2016, the TPF launched its report to the journalists. The TPF had made four conclusions. First, the TPF confirmed that the meeting between Haris Azhar and Freddy Budiman in Nusakambangan prison did occur. Second, the TPF stated there is no evidence of the money transferred (IDR 90.000.000.000) from Mr. Freddy to high ranking police officers in the police headquarters. Previously, the Financial Transaction Reports and Analysis Centre (PPATK) had stated there was some mysterious sum of money transferred from Freddy's network to the bank account allegedly belonging to one of the police officers. Third, the TPF did not find significant information based upon Freddy's written petition submitted to the court, as claimed by Freddy and disseminated by Haris. Fourth, the TPF only found abuse of power conducted by a middle ranking police officer with the initials KPS, who conducted extortion against Mr. Akiong, Freddy's boss, a convicted drug dealer on death row, amounting to IDR 668.000.000.
Furthermore, I also respectfully request you to ensure that information circulated by Haris Azhar must be treated as preliminary information to delve deeper into the alleged involvement of public officials in the illegal drug trade. I also request that criminal charges against Haris Azhar must be dropped to avoid public trauma and fear when they report similar cases in the future.
Despite the TPF failing in its work, the President should ensure protection for everyone who provided information or data regarding the alleged involvement of the officials in the drug trade. The President should learn further about the report of the TPF, and if needed, the President should form a new team with a more powerful and broader mandate to complement the TPF's report.
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
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 29681551/+62
21 29681557
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-UAU-015-2016.
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