Subject : Calling for Intervention and Official Clarification to Government of Indonesia concerning Criminalization against Papuan’s Indigenous Human Right Defender, Mr. Gustaf Rudolf Kawer
Special Rapporteur on the situation of human rights defenders,
Mr. Michel Forst
c/o Office of the High Commissioner for Human Rights – Palais Wilson
United Nations Office at Geneva
CH 1211 Geneva 10
The Commission for The Disappeared and Victims of Violence (KontraS) has obtained consent from Mr. Gustaf Rudolf Kawer, a Human Rights Defender from Papua, to inform you regarding criminalization case against Mr. Gustaf. Mr. Gustaf was reported to the Police by Vice Chairman and Judge of Jayapura Administrative Court because of his speech to the judges previously in trial process of his client on 12 June 2014.
Mr.Gustaf is the lawyer of Mr. AgusYoku suing chief of National Land Agency (Hereinafter referred as NLA) of Jayapura of Papua Province, regarding indigenous land rights. On the legal process or trial process there were indications that the judge was siding on the head of NLA. These indications were seen by the rejection of judges against the request of Mr. Gustaf to postpone the trial for a week. While in the other hand, the judges have already been fulfilling the request from the other party for postponing the trial three times.
Clerk of the court refused to grant the request to delay the trial Gustav for a week on June 12, 2014, despite the very obvious reason that was brought up,Mr. Gustav has another agenda in the court hearings of Class IA of Jayapura District Court. However the request was denied and the trial was continued.
Meanwhile, clerk of the trial has treated the chief of NLA in a different way. Thelawyer of the chief of NLA has delayed the trial for three times with improper reasons, such as the colleague’s death, another duty out of the area, and had another meeting.
At that time Gustaf finally decided to go to the trial in Jayapura administrative court to submitted his objection regarding the trial. Mr.Gustaf spoke directly to the judge who is reading the verdict. Nevertheless, the judge continued the trial. In its verdict, the court does not accept the claim of Mr. Gustaf’s client.
The criminalization occurred on 22 August 2014, when the police from Papua regional police sent him a summons as a witness as the alleged crimes against public authorities accordance with Article 211 and 212 of the Indonesian Criminal Code [known KUHP].The letter was sent again to Mr. Gustaf through the Jayapura branch office of the Indonesian Advocates Association(hereinafter referred to as Peradi Papua) on 25thAugust 2014 and the letter stated that Mr. Gusaf shall presented as a witness on the examination on 1st September 2014. The letter was replied by Peradi Papua statement that they would clarify in 14 days. After that, the police announced if there is no clarification stated in 14 days, they will committed arbitrary arrest to Gustaf.
We believe that these measures are not in accordance with the procedure because the call does not match with the agreement between the national police and Indonesian Advocates Association relating the investigation process of the professional advocate. More over, In Act concerning the behavior of the judge mentioned that “The judge in his judicial duties prohibited showed a sense of likes or dislikes or show partiality".
While, Indonesia as a democratic state and uphold human rights principles shall respected the Declaration on Human Rights Defenders to take all necessary measures to ensure the protection of everyone against any violence, threats, retaliation, adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the Declaration. Furthermore, as the state party of International Convention on Civil and Polical Rights, the Government of Indonesia shall be equal before the courts and tribunals..and entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law as mentioned on article 14.
Based on the explanation above, we respectfully request you in accordance to your mandate as follow :
- To transmit this information to the Government of Indonesia and conduct meaningfull dialogue regarding this issue.
- To demand the government of Indonesia to withdrawal this case and protect and ensure the freedom of Mr.Gustaf.
- To ensureto the government of Indonesia for respecting the Human Rights Defender Declaration by protecting all human rights defenders in Indonesia from any threat.
Thank you for your consideration. We look forward to hear from you.
Jakarta, 25th September 2014
Shall you need further information please contact Ms. Rei Firdha Amalia (email :firstname.lastname@example.org or phone : +021 3926 983)
Suggested Action :
Government Official Address :
1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Jl. Veteran No. 16, Central Jakarta
Tel: +62 21 3458 595
Fax: +62 21 3483 4759
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Gen. Sutarman
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 720 7277
4. Mr. Djoko Suyanto
Chairperson of National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
Tel: +62 21 739 2317
Fax: +62 21 739 2317
E-mail: email@example.com, firstname.lastname@example.org