Groups Call on President of Indonesia to Release Papuan Political
Prisoners, Change Law
c/o PO Box 21873
Brooklyn, NY 11202 USA
etan@etan.org
August 16, 2010
Susilo Bambang Yudhoyono
President
Republic of Indonesia
Istana Merdeka
Jakarta Pusat 10110 Indonesia
Via Fax, E-mail
Dear President Yudhoyono:
As Indonesia's National Day on 17 August approaches, we the undersigned
non-governmental organizations engaged in the defense of human rights in
Indonesia are deeply concerned that dozens of Papuans are incarcerated in
prisons in Papua and West Papua simply for having been involved in
non-violent demonstrations or expressions of opinion.
In most cases, these prisoners have been sentenced under Criminal Code
Articles 106 and 110 regarding "rebellion." These articles are a legacy from
the Dutch colonial era and are in violation of the Indonesian Constitution,
Articles 28(e) and 28(f) which respectively afford "the right to the freedom
of association and expression of opinion," and "the right to communicate and
obtain information for the development of his/her personal life and his/her
social environment, and shall have the right to seek, acquire, possess,
keep, process and convey information by using all available channels."
Moreover, Articles 106 and 110 are inconsistent with your country's
international obligations under the International Covenant on Civil and
Political Rights (ICCPR) which Indonesia ratified in 2006. While the ICCPR
(article 19) notes that these rights are subject to certain restrictions
"for the protection of national security and of public order or public
health or morals," the 1995 Johannesburg Principles on National Security,
Freedom of Expression, and Access to Information identify clear standards
for application of national security restrictions. These Principles provide
that persons should not be restrained for expressing their opinions.
Governments should only take action against such expression of views on the
grounds of national security if they can demonstrate that they would incite
acts of imminent violence. The prosecution of the aforementioned Papuan
political prisoners has offered no evidence of any such threat of imminent
violence in association with their physical or verbal actions.
While we strongly believe that none of these prisoners should have been
prosecuted in the first place, we are also deeply concerned about the
disproportionately harsh sentences imposed on these political prisoners
given their non-violent acts. One prisoner arrested in 2004 and charged
under these articles is serving a 15-year sentence while others have been
given sentences of three or four years. Moreover, there have been alarming
reports of maltreatment of the prisoners by prison warders and the lack of
essential medical facilities. In one case, a prisoner with a serious
prostate disorder had to wait eight months before being allowed to travel to
Jakarta for essential treatment recommended by the local doctor. Severe
Beatings of prisoners and detainees are frequently and credibly reported.
We the undersigned have on a number of occasions welcomed the democratic
progress in Indonesian since the fall of the Suharto dictatorship, inspired
by the Indonesian people. We recognize that this progress had been achieved
despite frequent threats by the as yet unreformed Indonesian security
forces.
In view of the tradition to mark Indonesia's National Day on 17 August by
announcing the release of prisoners and bearing in mind the restriction on
essential freedoms such as those contained in Articles 106 and 110 of the
Criminal Code we respectfully call on you to mark this year's celebrations
by:
- releasing all Papuan political prisoners, including those already
convicted and those waiting trial;
- securing the deletion of Articles 106 and 110 of the Criminal Code;
- ordering an immediate investigation into conditions in the prisons
where the prisoners are being held and ensure the punishment of all
prison personnel held responsible for maltreatment.
We look forward to your response.
Sincerely,
Aliansi Nasional Timor Leste Ba Tribunal Internasional (ANTI)/ Timor-Leste
National Alliance for an International Tribunal
Australia West Papua Association Adelaide
Australia West Papua Association Brisbane
Australia West Papua Association Melbourne
Australia West Papua Association Newcastle
Australia West Papua Association Sydney
East Timor and Indonesia Action Network (ETAN) (U.S.)
Foundation Akar (The Netherlands)
Foundation Manusia Papua (The Netherlands)
Foundation of Papuan Women (The Netherlands)
Foundation Pro Papua (The Netherlands)
Free West Papua Campaign UK
Freunde der Naturvolker e.V./FdN (fPcN) (Germany)
Human Rights Watch
KontraS (Indonesia)
Land is Life (U.S.)
La'o Hamutuk (Timor-Leste)
Perkumpulan HAK (HAK Association) (Timor Leste)
Tapol (Britain)
West Papua Advocacy Team (U.S.)
West Papua Network Germany
Indonesia Human Rights Committee (New Zealand)
Maluku Masa Depan (The Netherlands)
Papua Cultural Heritage Foundation (The Netherlands)
Usdatara (The Netherlands)
see also West
Papua Report