Weekly Update Human Rights in Indonesia – 01-12-2014 Comments Impunity The Jakarta Globe, 30 November 2014 Pollycarpus released One of Indonesia’s most prominent human rights groups has called on President Joko Widodo to revoke a parole order which allowed the murderer of activist Kompas, 30-11-2014 Munir Said Thalib to walk free. The Commission for Missing Persons and Victims of Violence (Kontras), which was founded by Munir to advocate justice for the The conditional release of Pollycarpus Budihari Priyanto, convicted for the victims of abuses committed by the state, joined other human rights murder of human rights activist Munir, has been criticized by many. The decision organizations on Sunday in condemning the early release of Pollycarpus Budihari is considered to violate the feeling for justice in society, said the director of the Priyanto. Lembaga Bantuan Hukum Jakarta, Febi Yonesta, (29/11). According to Febi there are two governmental decisions (Peraturan Pemerintah Nomor 99 Tahun 2012 Putri Kanesia, head Kontras’ civil rights division, said the president has the power juncto Peraturan Menteri Hukum dan HAM Nomor M.2.PK.04-10 Tahun 2007) to overturn the order, which saw Pollycarpus freed on Friday after serving just that do not allow for remission when the crime is exceptionally cruel and violates eight years of a 14-year sentence for the deadly poisoning of Munir in 2004. “We human rights. Pollycarpus has been sentenced by the Supreme Court to 20 years also urge Jokowi [Joko] to tell the Justice and Human Rights Ministry to not give a imprisonment. However this sentence was changed into 14 years. With a number remission to Pollycarpus,” Putri was quoted as saying by news portal of occasions while in prison, he got reduction of his sentence so that he has in Tribunnews.com. total served about 8 years. Pollycarpus was released from Sukamiskin Penitentiary in Bandung, West Java, on Friday morning. He is now required to report regularly to parole officers and is forbidden to leave the country. The Justice Ministry’s director general of corrections, Handoyo Sudrajat, confirmed Pollycarpus’s release on Friday and said the newly installed minister, Yasonna.H. Laoly, had signed the parole document after agreeing that Pollycarpus had met the requirements for an early release. Kontras spokesperson Putri said that all commissions in the House of Representatives (DPR) related to justice and human rights should review Munir’s This Amnesty International Netherlands clipping service is made for Amnesty members and others interested in the human rights developments in Indonesia – for information only – not to be quoted as Amnesty information. For more information or to be included in or deleted from the mailing list, write to [email protected]. For back issues view http://www.marthameijer.org/page36.php 1 Weekly Update Human Rights in Indonesia – 01-12-2014 case, which is unsolved. “We also urge the fact-finding team looking into Munir’s decision] of course we will revisit the release, and I am open to criticism,” murder to publicly disclose the facts that they have found,” Putri said. Yasonna said. Response by the government Rights groups have lined up to condemn the government over Pollycarpus’s release, with some suggesting that Munir’s case be looked at again. The Jakarta Globe, 01-12-2014 The activist’s life came to a painful end on Sept. 7, 2004, on board a flight from Indonesia’s justice minister has responded to mounting criticism over the early Jakarta to Amsterdam. Former Garuda Indonesia pilot Pollycarpus was seated release of Pollycarpus Budihari Priyanto, the murderer of prominent human next to Munir on the flight, which included a stop in Singapore to refuel and take rights advocate Munir Said Thalib. “We have to be able to respect the rights of all on more passengers. Pollycarpus was seen offering Munir a coffee at Singapore’s inmates regardless of the criticisms,” the minister, Yasonna H. Laoly, told Changi International Airport. A court later found that the drink had been spiked Detik.com on Monday. Pollycarpus was released on parole from Sukamiskin with arsenic. Munir reboarded the plane on to Amsterdam while Pollycarpus Penitentiary in Bandung on Friday after serving eight years of a 14-year sentence remained in Singapore. The activist and staunch critic of the Indonesian for the deadly poisoning of Munir in 2004. Yasonna, who signed the parole government and military died in agony before the plane landed in the document after agreeing to Pollycarpus’s release, said every inmate who had Netherlands. served two-thirds of their conviction was eligible for parole. Pollycarpus was sentenced to 20 years in prison for the murder but given 14 on The parole decision has led to a storm of criticism from human rights groups, who appeal. He applied for early release in November 2012 but it was not granted say it undermines President Joko Widodo’s talk of human rights protection while because he had applied for a case review at the same time. on the campaign trail. Yasonna, however, tried to distance himself and his office from the decision on Monday, saying the Justice Ministry was only responsible Febi Yonesta, the director of the Jakarta Legal Aid Foundation (LBH Jakarta), said for upholding the law and ensuring inmates’ rights were respected. “It’s not our Pollycarpus did not deserve parole as he had consistently refused to reveal the ministry that must act harshly; it should have been started at the court,” he said. alleged mastermind behind the murder — speculated to be from the ranks of the “We are only authorized to determine whether or not an inmate deserves to National Intelligence Agency (BIN). Muhammad Isnur, another lawyer at LBH have a sentence cut or be released on parole. Please do not force us to break the Jakarta, said the release had hurt the public’s and the country’s sense of justice. rules.” “During the verdict of the appeal in Pollycarpus’s case, the judges stated that However, he left the door open to a review of the decision, which has been Pollycarpus’s crime was inhumane and had humiliated Indonesia at an demanded by human rights activists. “If there was something wrong with it [the international level,” Muhammad said. This Amnesty International Netherlands clipping service is made for Amnesty members and others interested in the human rights developments in Indonesia – for information only – not to be quoted as Amnesty information. For more information or to be included in or deleted from the mailing list, write to [email protected]. For back issues view http://www.marthameijer.org/page36.php 2 Weekly Update Human Rights in Indonesia – 01-12-2014 Freedom of Religion space for the religion empty, in compliance with the wish of some religious leaders. They have expressed the wish that the government allows for the inclusion of other faiths than the six that have been accepted. The Muslim Amnesty campaigning on freedom of religion organization, Majelis Ulama Indonesia has already stated its agreement with this In relation to the launch of Amnesty International’s report in Jakarta several side compromise (Kompas, 14/11). events have taken place. The research team spoke with government officials, human rights defenders and the press. Read a compilation here: Interfaith marriage https://storify.com/oblomqvist/a-week-in-indonesia The Jakarta Globe, 25 November 2014 Your religion on your ID-card Asked about their stance on interfaith marriage as part of a judicial review hearing at the Constitutional Court, three religious leaders on Monday offered Kompas, 27-11-2014 conflicting views, increasing the petitioners’ confidence in a successful outcome. The Minister for Religion, Lukman Hakim Saifuddin, has stressed that the noting In September, a group of University of Indonesia (UI) law students sought a of religion on the ID-cards will not be deleted. The space to note a person’s judicial review of Article 2(i) of the 1974 Marriage Law, which states that a religion will be retained as part of a person’s identity. ”The suggestion to delete marriage is only lawful “when entered in accordance with the laws of the that space on the ID-cards is not right. We will keep that,” said Lukman last th respective religions and beliefs of the parties.” Wednesday in Banjarmasin at the occasion of the 50 Dies Natalis of the Institut Agama Islam Negeri (State Institute for the Muslim Religion, IAIN). He also said This effectively outlaws interfaith marriages, given that nuptials conducted in one that it had not been his idea to delete that space as he is aware that religion is an religion will not be “in accordance” with the laws of another. The petitioners important aspect of a person’s identity, his feeling to belong to a people and to a argue that this clause violates their constitutional right to be allowed to get state. married as they choose to. In Indonesia, six religions have been accepted and these are the main religions On Monday, the Constitutional Court held its second hearing in the case, listening for the Indonesia people, viz. Islam, Catholicism, Hinduism, Buddhism and to statements from representatives from the Bishops’ Conference of Indonesia Confucianism. A minority of Indonesians have a different religion of confession. (KWI), the Indonesia Hindu Dharma Association (PHDI) and the Supreme Council Those minorities, Lukman said, are currently what he is concerned about (saat ini for Confucian Religion in Indonesia (Matakin). pihaknya masih mengkaji hal itu). As reported earlier, the Minister of Home Affairs, Tjahjo Kumolo, has pleaded that people for the time being can leave the This Amnesty International Netherlands clipping service is made for Amnesty members and others interested in the human rights developments in Indonesia – for information only – not to be quoted as Amnesty information.