No : 475/SK-KontraS/VII/2014
Subject : The Rejection by the State Administrative Court onNon-governmental Organizations’ Lawsuit Against National Election Commission,which have passed the Alleged Perpetrator as Presidential Candidate of Republic of Indonesia
Mr. Pablo de Greiff
Special Rapporteur on the promotion of truth,
justice, reparation and guarantees of non-recurrence
Palais des Nations
CH-1211 Geneva 10
Fax: + 41 22 917 9006
Dear Sir/ Madam,
On behalf of KontraS (The Commission for The Disappeared and Victims of Violence)- a human rights non-governmental organisation in Indonesia, we would like to give information regarding a lawsuit, which submitted by non governmentalorganizations [NGOs] in Indonesia. The NGOs consist of KontraS, the Assosiation of Legal Aid and Human Rights [PBHI], The Indonesian Human Right Monitor [Imparsial], and Setara Institute to the State Administrative Court [known PTUN] Against National Election Commission [KPU], who have passed Prabowo as Presidential Candidate of Republic of Indonesia.
Nevertheless, the State Administrative Court, finally,rejected the NGOs’ lawsuit based on the argumentation that this case is beyond the PTUN authorities and should be brought to the authority of Elections Supervisory Agency (known Bawaslu).
The coalition of NGOs through the lawsuit demanded to the State Administrative Court to withdraw the decision of National Election Commission concerning the requirement and selection processes of the list of President and Vice President, on 1st of June 2014, considering the one of the Presidential Candidate does not meet with the requirement of the Law and regulations referring to his human rights track record in the past.
Our concerns are based on several facts, inter alia;
First, The decision of the National Election Commission is deliberately ignoring or did not take any consideration the fact, data and allegation of the involvement ofMr. PrabowoSubiantoin theabduction and enforced disappearances case occurred between 1997 and 1998, as well as his involvement in the May riot occurred between May 13 to 15 of 1998. Those facts and allegations are based on the result of a pro justicia investigation / inquiry which conducted by the National Human Rights Commission [known Komnas HAM].
Second, the decision of the National Election Commission did not take into consideration the Article 5I, and 5C of Law No. 42/2008 on General Election of President and Vice President Election. This article required the President and Vice President had never committed a disgraceful act and including; neverinvolved in corruptionandother serious crime. In 2005.The NationalCommission onHuman Rights[Komnas HAM] has conducteda pro justiciainvestigationinthiscase, conclude that ;
"Individualssuspectedof committing crimesagainst humanitybecause oftheir positionand actionsat the level ofcontroland in charge ofthe militarycommand, composedofas 20militaryand2police. One of them isPrabowoas acommander of KopassusinDecember 1995-March 20, 1998. He was responsible, orat leastknow theoccurrence ofenforced disappearancescarried out bya team ofrose (Tim Mawar). Theinvolvementeither directlyor indirectly, among others, in the form ofan order to theexecution of an operationwhich thenformed a team ofroseorat leastknew theact ofkidnappingand the detentioninPoskotisCijantungcommitted underthe control of him"
Third, The National Election Commission does not take into consideration the decision of Honorary Officers Council [known DKP],in 1998, which states Prabowo has order Tim Mawar to illegaly arrest and detainpro democracy activists between 1997 and 1998. We emphazise the fact that his former Commander, Mr Wiranto, as a former commader of the Indonesian Military Forces [known Panglima TNI], has publicly announced that the case of kidnap and enforce disappearances was conducted without his order.
Fourth, The National Election Commission decision is contrary to the Article 28 paragraph (4) of the Constitution. Stated, it is the obligation of the state to provide protection, promotion, enforcement and fulfillment of human rights in a way not to pass the human rights violator as the Presidential candidate;
Fifth, the decision of National Election Commission had violated the principle of legal certainty, professionalism, accountability, and the principle of accuracy.
Therefore, we regret the decision of the State Administrative Court by rejecting our lawsuit against the National Election Commission. We believe this information is essential for you for the information on the precarious human rights situation in Indonesia. We respectfully ask you to urge the Government of Indonesia to publicly clarify and explain its reason why the KPU finally passed Mr. Prabowo Subianto, who allegedly involve in the past human right abuses, as one of the presidential candidate.
8th of July 2014
Shall you need any further information, please contact Ms. Rei Firdha Amalia (email: firstname.lastname@example.org or fax: 021-3926821)