Arbitrary Arrest Against the Deputy of the Commission of the Eradication Corruption (KPK), Indonesia
The Commission for The Disappeared and Victims of Violence (KontraS) – a human rights non-governmental organization in Indonesia would like to inform you regarding the allegedly arbitrary detention of Mr. Bambang Widjajanto the Deputy of the Commission of the Eradication Corruption (hereinafter reffered to KPK) today, on January 23, 2015.
Mr. Widjajanto was abducted this morning at 07.30 Indonesia time, after he brought his daughter to school. The persons who abducted him were allegedly from the Criminal Investigation Bureau Indonesian National Police Institution (Polri), Based on the media monitoring, the arrest is related with the false testimony at the Constitional Court, which given by him for the case of the dispute of the local election in Central Kalimantan, Palangkaraya, in 2010. We acknowledge that this case received by Polri on January 15, 2015.
We believe that this arrest by Polri is breaching the procedure of the case of examination in which regularly at first the person will be provided with the letter states the later process of investigation. This has violated the article 112 paragraph 1 of the Ciminal Procedure Code relating the letter to call the alleged suspect to give the testimony
Mr. Bambang Widjajanto has been dedicated his life for human rights before being involved in Anti-Corruption advocacy and in KPK as well. He was one of the founder of KontraS and Indonesia Corruption Watch, while he also been awarded for Kennedy Human Rights Award in 1993.
We believe this case is relating to the conflict among The Indonesian National Police and the KPK. The conflict between them has been going for a long time, since several police was named by KPK as the corruption case suspects for the “fat Bank accounts” scandal. Recently, KPK named Police Commissioner General Budi Gunawan, the one and only candidate for the Chief of Police which directly appointed by the President, Joko Widodo. Budi Gunawan allegedly involved as one of the suspects of the fat Bank account scandal in internal police. We regret that many parties in domestic politics have been trying to weaker the KPK, including Polri.
In terms of arbitrary arrest, we regret that the Government of Indonesia has failed to protect its citizen not to be subjected of the arbitrary arrest, as stated on the ICCPR article 9, that everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention, and no one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Furthermore, the government of Indonesia has also failed to protect Mr. Bambang Widjajanto as the human rights defender which neglecting the Declaration of Human Rights Defenders in 1998.
With those explanations above, Government of Indonesia must resolve the institutional disputes on the matter of law enforcement. Second, the UN Special Rapporteur should request the Government to provide legal assistence, in order to ensure there is no violated rights during the investigation process to Mr. Widjajanto. Third, the government of Indonesia has to ensure the enabling environment of the Human Rights Defenders work, particularly on their work for the anti-corruption and human rights advocacy. Fourth, the government must strengthen the capacity and the mandates of the law enforcement institutions particularly KPK to conduct their work on eradicating corruption in Indonesia.