Indonesia
28.09.01
Urgent Interventions
Indonesia: release of 9 activists out of a total of 12 detainees
Case IDN 240801.1
Follow-up of the Case IDN 240801
Release / Arbitrary arrest and detention / Fair trial
The International Secretariat of OMCT has received new information concerning the following situation in Indonesia.
New information
The International Secretariat of OMCT has been informed by a reliable source of the release from the Polda Barat Jawa Prison, West Java, Indonesia, of 9 activists out of a total of 12 that have been detained since June 15th, 2001.
According to the information received, the court decided to release 9 of the 12 detainees since the charges pending against them have been considered too weak to justify their continued detention. However, their trials are set to continue.
The following persons were released: L.V Mardiyono, Fransiskus Black, Kahpi, Albertus Budi Pratomo, Hiskia Hartono, Edy Irwansah, Maraden Sinaga, Deny Nugraha, Wirya Wangsa Direja, Deny Kusmarna.
The 3 activists that are still being detained are (name, age, occupation, charge):
- Fransiskus Black, 21, worker, PRD (Art. 160, 170);
- George Dominggus Hormat, 21, student at ITB, LMND (Art. 160, 170);
- Normalinda, 22, student at UNPAD, LMND (Art. 160, 170);
The International Secretariat of the OMCT welcomes these releases, but is still gravely concerned for the 3 remaining detainees’ physical and psychological integrity during their prolonged detention, considering the allegations of torture that had been reported in the Case IDN 240801.
Remarks
OMCT wishes to thank all those institutions, organisations and individuals who intervened on the detainees’ behalf.
Brief reminder of the situation
According to the information received, 12 of the 19 activists that were arbitrarily arrested during a demonstration held on June 15th, 2001, being organised to protest against changes in labour laws and an increase in oil prices, were being detained in Bandung Prison, West Java, Indonesia.
According to the information received, the 12 detainees had been forced into making false statements, which put them in danger of being convicted of serious offences carrying long prison sentences. The activists were reportedly forced to make the statements as soon as they were arrested, without the presence of a lawyer, which is a violation of the detainees’ rights and of Indonesia’s “Kitab Hukum Acara Pidana” Code, which specifies that a lawyer must be present for charges that could result in imprisonment for one year or more. The 12 activists were reportedly brought before a Judge on August 14th. According to Indonesian Law, the accused may be kept in custody for a period of 14 days before the first trial, but in this case they were detained for 40 days before the first hearing. During the hearing the activists’ lawyers pleaded their innocence and claimed that they were being victimised by the police. The lawyers also pointed out the violations of human and workers rights that the detainees have been subjected to. The Judge adjourned the hearing for a week and sent them back to prison.
Action requested
Please write to the authorities in Indonesia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the remaining detainees;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Mrs. Megawati Sukarnoputri, President, Republic of Indonesia, Presidential Palace, Jakarta, Istana Negara, Indonesia. Fax: (62 21) 345 7782
· Gen. Surojo Bimantoro, National Chief of Police, Jl. Trunojoyo, No. 3 Kebayoran Baru, Jakart Selatan, Indonesia, Tel: +(6221) 721 8001, Fax: +(6221) 720 7277
· Chief of Police, West Java Province, Fax: 62 22 7800236
Please also write to the embassies of Indonesia in your respective country.
Geneva, September 28, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of the Case IDN 240801
Release / Arbitrary arrest and detention / Fair trial
The International Secretariat of OMCT has received new information concerning the following situation in Indonesia.
New information
The International Secretariat of OMCT has been informed by a reliable source of the release from the Polda Barat Jawa Prison, West Java, Indonesia, of 9 activists out of a total of 12 that have been detained since June 15th, 2001.
According to the information received, the court decided to release 9 of the 12 detainees since the charges pending against them have been considered too weak to justify their continued detention. However, their trials are set to continue.
The following persons were released: L.V Mardiyono, Fransiskus Black, Kahpi, Albertus Budi Pratomo, Hiskia Hartono, Edy Irwansah, Maraden Sinaga, Deny Nugraha, Wirya Wangsa Direja, Deny Kusmarna.
The 3 activists that are still being detained are (name, age, occupation, charge):
- Fransiskus Black, 21, worker, PRD (Art. 160, 170);
- George Dominggus Hormat, 21, student at ITB, LMND (Art. 160, 170);
- Normalinda, 22, student at UNPAD, LMND (Art. 160, 170);
The International Secretariat of the OMCT welcomes these releases, but is still gravely concerned for the 3 remaining detainees’ physical and psychological integrity during their prolonged detention, considering the allegations of torture that had been reported in the Case IDN 240801.
Remarks
OMCT wishes to thank all those institutions, organisations and individuals who intervened on the detainees’ behalf.
Brief reminder of the situation
According to the information received, 12 of the 19 activists that were arbitrarily arrested during a demonstration held on June 15th, 2001, being organised to protest against changes in labour laws and an increase in oil prices, were being detained in Bandung Prison, West Java, Indonesia.
According to the information received, the 12 detainees had been forced into making false statements, which put them in danger of being convicted of serious offences carrying long prison sentences. The activists were reportedly forced to make the statements as soon as they were arrested, without the presence of a lawyer, which is a violation of the detainees’ rights and of Indonesia’s “Kitab Hukum Acara Pidana” Code, which specifies that a lawyer must be present for charges that could result in imprisonment for one year or more. The 12 activists were reportedly brought before a Judge on August 14th. According to Indonesian Law, the accused may be kept in custody for a period of 14 days before the first trial, but in this case they were detained for 40 days before the first hearing. During the hearing the activists’ lawyers pleaded their innocence and claimed that they were being victimised by the police. The lawyers also pointed out the violations of human and workers rights that the detainees have been subjected to. The Judge adjourned the hearing for a week and sent them back to prison.
Action requested
Please write to the authorities in Indonesia urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the remaining detainees;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Mrs. Megawati Sukarnoputri, President, Republic of Indonesia, Presidential Palace, Jakarta, Istana Negara, Indonesia. Fax: (62 21) 345 7782
· Gen. Surojo Bimantoro, National Chief of Police, Jl. Trunojoyo, No. 3 Kebayoran Baru, Jakart Selatan, Indonesia, Tel: +(6221) 721 8001, Fax: +(6221) 720 7277
· Chief of Police, West Java Province, Fax: 62 22 7800236
Please also write to the embassies of Indonesia in your respective country.
Geneva, September 28, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.