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No                    : SK-KontraS/ IX/2014
Subject             : The Unfair Military Judiciary On the Persecution of Serious Human Rights Violations Against Indigenous Group in Indonesia: Suku Anak Dalam

To:          
Mrs. Gabriela Knaul
Special Rapporteur on the Independence of Judges and Lawyers
Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
8-14 Avenue de la Paix 1211
Geneva 10 Switzerland 
Fax: +41 22 917 9006 
E-mail:SrindependenceJL@ohchr.org

Dear Excellency,
KontraS (The Commission of the Disappearances and Victims of Violence) would like to give information regarding the unfair military judiciary on the persecution of serious human rights violations against indigenous group in Indonesia, known as Suku Anak Dalam. The judge of military court Palembang sentenced three months to six perpetrators who served in Indonesian military who were committed to the killing of Puji Hartono and persecution of Titus Simanjuntak. Both of the victim were farmers in Bungku Village, Jambi and part of Suku Anak Dalam. They were persecuted by members of the Army Battalion 142/ KJ Jambi at PT. Asiatic Persada on March 5, 2014. The perpetrators exist of six members of Indonesian military such as;

  1. Lance Corporal Ahmad Sufi Supardi,
  2. Lance Corporal Yoyon Setiono
  3. Private 1st Class Febri Agra
  4. private in charge. Uut Usio Budi Utomo
  5. Private 1st Class Marsudiyono
  6. Staff Sergeant Kaleb Dunand

We believe, the Military Court Judge is unfair in sentencing the perpetrators, based on facts that we found below:

First, Military Police Detachment Investigator II/b Jambi committed a case manipulation by using only Article 351 pharagraph 1, relating to persecution. While in the other hand, the crime committed to the victims is not only persecution but more than that, the extrajudicial killing which resulted in the loss of right to life of Mr. Puji Hartono another victim, Mr. Titus Simanjuntak was wounded and defect. In this case, the article that should be applied is Article 351 paragraph [2] and [3] relating to the persecution and persecution to death and Article 52 of the Penal Code, because the defendant has violated the obligations of the office and do a criminal act by means of power, opportunity or means given to him because of his position.

Second, military prosecutors did not execute correction on the alleged violations of penal code article on this case by Military Police Detachment II/b. The miliatry prosecutors shall conduct lawsuits in accordance with the facts of crimes and did the fair trial.
Third, the Military Court Judges are not independent in exploring facts and on the process of decision making. The judges with its authority supposedly can perform in-depth exploring facts through witnesses, victims and the impartial evidence. The judges also shall give a guarantee of security protection of witnesses, including through coordination with the Witness and Victim Protection Agency.
Fourth, the military court process, including inquiry, investigation, prosecution and verdict were ignoring the rights of victim, such as right to remedies, right to medical treatment, and compensation.

Indonesia as a state party of the International  Covenant of Civil and Political Rights shall ensure that the right to fair trial as protected on article 14 of the ICCPR where the court held by a competent, independent and impartial tribunal. However, in Indonesia, the military court is lack of accountability and most of the sentences are lighter than it should be, such reflected on this case. Further more, the government of Indonesia has also failed on protecting the right to life as protected on the article 6 of the ICCPR and regulated on the 1945 Indonesia Constitution on article 28A, and Human Rights Law on 1999 that everyone has the right to life. Therefore, the Indonesian government has the obligation to ensure the right to life and the right to fair trial.

Based on the facts above, we would like to respectfully request to the Special Rapporteur on the Independence of Judges and Lawyers :

  1. Demand to the government of Indonesia to conduct re-examination of this case, especially the persecution that led to the death of the victims.
  2. Demand to the Judicial Commission to conduct an examination of the judges of Military Judiciary on case No.: 98-K / PM 1-04 / AD / VI / 2014;
  3. Demand to the Government to ensure all of the military body to not backing up the corporate’s security on handling the conflict between corporate and local residents.
  4. Demand to the government and Indonesian Parliament, to amend the law no.31 of 1997 regarding the Military Judiciary to guarantee no discrimination against civilians who happened to be the victims of human rights violations by the military. 
  5. Demand to the Witness Protection Agency and the military institution to initiate a memorandum of understanding to handle the fulfillment of victim’s rights in the military justice mechanisms.

Thank you for your consideration, we look forward to hear from you.

2nd  September 2014,

 

Haris Azhar
Executive Coordinator

Shall you need further information, please contact Ms. Rei Firdha Amalia through email: rei.firdhaamalia@kontras.org or phone +62 85793017953.

 

Indonesian Authorities Address

1. Mr. Susilo Bambang Yudhoyono 
President Republic of Indonesia 
Presidential Palace 
Jl. Medan Merdeka Utara 
Jakarta Pusat 10010 INDONESIA 
Fax: + 62 21 231 41 38, 345 2685, 345 7782 
Phone: + 62 21 3845627 ext 1003 
E-mail: presiden@ri.go.id 

2. Mr. Hafid Abbas
National Commission on Human Rights
Jl. Latuharhary No.4B Menteng 
Jakarta, Indonesia 10310
Phone: +62 21 3925230
Fax: +62 21 3925227

3. Mr. Abdul Haris Semendawai
Agency of Witness and Victim Protection (Lembaga Perlindungan Saksi dan Korban)
Gedung Perintis Kemerdekaan (Gedung Pola) Lt. 1
Jl. Proklamasi No. 56
Jakarta Pusat 10320
Phone: +62 21 3190 7021
Email: lpsk_ri@lpsk.go.id 

4. TNI Commander Military General Moeldoko
TNI Headquarters
Mabes TNI Cilangkap, Jakarta Timur
Phone: +62 21 84595576, 8459-5326
Fax: +62 21 84591193

5. Ministry of Foreign Affairs
Jl. Pejambon No.6. Jakarta Pusat, 10110
Indonesia
Fax  : (+62 21) 3855- 481
E-mail :kontak-kami[at]kemlu.go.id