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Indonesia: Rights activist Buchtar Tabuni in trial on charges of subversion
Asian Human Rights Commission Urgent Appeal - February 24, 2009 (see sample letter below)
Urgent Appeal Case: AHRC-UAU-004-2009
Dear Friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that the subversion charges against rights activist Mr. Buchtar Tabuni, referred to as Buktar Tabuni in previous appeal have not been dropped, and that he is currently facing trial at Jayapura District Court, Indonesia. The main charge against him is under article no. 106 of the Indonesian Penal Code, which, in effect, criminalizes the expression of certain political opinions.
Updated information:
On February 18, 2009 the trial against Mr. Buchtar Tabuni started at Jayapura Disctrict Court. Mr. Tabuni was arrested after a political demonstration in October 2008. The charges against him are 'subversion' under article 106 of the Indonesian Penal Code; 'incitement' under article 160 as well as 'resisting personnel of the state' under article 212.
The prosecutor Maskel Rambolangi SH specified that these crimes are said to have been committed in relation to a demonstration held on October 16, 2008 in support of the International Parliamentarians for West Papua (IPWP). Mr. Tabuni is accused of having organized this demonstration, which the prosecutor argued was evidenced by the fact that he had delivered political speeches at two mass demonstrations at the campus of University of Cenderwasih on the same day of the IPWP demonstration.
The prosecutor also used a number of banners with political messages, such as; 'Referendum Yes, Special Autonomy No'; 'We want International dialog' and 'The UN Invasion of West Papua. We Want Peace', as evidence of Mr Tabuni's guilt.
The trial will continue on February 25, 2009 when the defence will deliver their response to the accusations.
Background information:
Mr. Tabuni was originally arrested on December 3, 2008 by the Criminal Investigation Department (CID) of the police of Papua, and taken into custody. Since then he has been kept in various detention centers such as Jayapura police prison and Abepura prison. In the latter he was subjected to torture by prison guards (for more information on the arrest, and subsequent torture of Mr Tabuni, see: AHRC-UAC-262-2008 and AHRC-UAC-014-2009)
Mr. Tabuni is currently being tried under article 106, 160, and 212 of the Indonesian Penal Code. These articles criminalize:
"The attempt to bring the territory of the state wholly or partially under foreign domination or to separate part thereof shall be punished by life imprisonment or a maximum imprisonment of twenty years." (Art. 106)
"Any person who orally or in writing incites in public to commit a punishable act, a violent action against the public authority or any other disobedience, either to a statutory provision or to an official order issued under a statutory provision, shall be punished by a maximum imprisonment of six years." (Art. 160)
"Any person who by violence, or threat of violence, resists an official acting in the lawful performance of his official duties, or persons who thereby aid him by virtue of statutory obligations or at his request shall, being guilty of rebelliousness be punished by a maximum imprisonment of one year and four months" (Art. 212)
Additional information:
Mr Tabuni is part of an increasing number of rights activists in Papua who are being harassed by Indonesian state agents for their political opinions and activities.
A climate of political repression has evolved in the region, characterized by public fear of state agents, and hesitation with regards to expressing political opinion in public. The repressive political climate is being backed and justified by the subversion laws, under which Mr. Tabuni now stands charged.
The application of the subversion laws has seen an increase in the last ten years in conflict regions such as Papua. Events that would earlier have been considered political issues and handled through dialogue, are now increasingly seen as criminal issues, and dealt with by jailing the people involved.
This is a very worrying development in Papua. Bearing this in mind, it is unlikely that Mr Tabuni will be freed of the charges laid against him, and that the trial will be transparent and fair. Hence, it is plausible to assume that Mr. Tabuni will be sentenced to up to 20 years of imprisonment, as a direct consequence of having exercised his freedom of expression.
Suggested action:
Please write to the concerned authorities below requesting for their appropriate intervention promptly. Mr. Tabuni should be released unconditionally and the charges against him should be instantly withdrawn.
The AHRC has also written to the Special Rapporteur on Freedom of Expression calling for intervention in this case.
Dear __________,
Indonesia: Rights activist Buchtar Tabuni in trial on charges of subversion
I am disturbed to hear that the criminal charges against Mr. Buchtar Tabuni have not been dropped, and that the trial against him has started on February 18, 2009 at Jayadura District Court. He is charged with subversion; incitement and resisting personnel of the state, under articles 106, 160 and 212 of the Indonesian Penal Code.
Mr Tabuni's alleged crimes are said to have been carried out in relation to a demonstration on October 16 2008 in support of the International Parliamentarians for West Papua, which he accused of having organized.
The prosecutor argued that Mr Tabuni's guilt was evidenced by the fact that he had delivered political speeches at two mass demonstrations at the campus of University of Cenderwasih on the same day of the IPWP demonstration. Further, the prosecutor used several banners with political pro-independence messages written on them as evidence.
The outcome of the trial is not yet clear, and trial will continue on February 25, 2009, when the defence will deliver their response to the allegations. Given the political content of the trial however, it is likely that Mr. Tabuni will be found guilty and sentenced to a lengthy period of imprisonment.
I ask that you immediately free Mr. Tabuni of all the charges laid against him. The fact that Mr Tabuni was voicing his political opinion on October 16, 2008, and helped arrange a demonstration so that people could enjoy their freedom of expression, should not constitute a punishable crime. The laws criminalizing the freedom of expression are absurd and should be obsolete in a democracy such as Indonesia, and should hence be instantly removed from the Indonesian Penal Code.
Imprisoning Mr. Tabuni for having exercised his freedom of expression would be a mockery to the stated democratic ambitions of Indonesia, and would as such constitute a glaring example of the country's failure to guarantee the indiscriminate basic freedoms of all its citizens.
I call on you to counter these appalling anti-democratic tendencies by freeing Mr Tabuni of all the charges laid against him. Further, I strongly recommend an impending revision of the Indonesian Penal Code, especially with regards to article 106, which is frequently used to jail rights activists in Papua and West Papua provinces.
Yours Sincerely,
Please send your letters to:
1. Irjen Polisi Drs. F.X.
Bagus Ekodanto
Chief of the Papuan Regional
Police
Kepolisian Daerah Papua
Jl. Dr. Sam Ratulangi No.
8
Jayapura
INDONESIA
Tel: +62 967 33317/31835
2. R. Widyopramono SH,M.Hum.
Kejaksaan Tinggi Papua
Jl. Anggrek No.6 Tj. Ria
Jayapura
INDONESIA
Tel: +62 967 542764/541130
3. Paulus Waterpauw,
Director of the Criminal
Unit
Papua Regional Police
Jl. Samratulangi
No. 8 Jayapura
INDONESIA
Tel: + 62 967 531834
4. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No.
1
Jakarta Selatan
INDONESIA
Fax: + 62 21 7250213
Tel: + 62 21 7221337, 7397602
E-mail: postmaster@kejaksaan.or.id
5. Gen. Bambang Hendarso
Danuri
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277
Tel: +62 21 721 8012
E-mail: polri@polri.go.id
6. Mr. Andi Matalatta
Minister of Justice and
Human Rights
JI. H.R. Rosuna Said Kav.
6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095
7. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Fax: + 62 21 231 41 38,
345 2685, 345 7782
Tel: + 62 21 3845627 ext
1003
E-mail: presiden@ri.go.id
8. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human
Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3151042/3925227
Tel: +62 21 3925230
E-mail: info@komnasham.or.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
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