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LETTER TO THE CHAIRMAN OF the House of Representatives: The follow up of the Parliament Plenary Session (2004-2009) on the case of enforced Disappearances Activists 1997/98

Subject: To follow up the decision of the Plenary Session of the House of Representatives (2004-2009) on the case of enforced Disappearances Activists 1997/98

Dear,
Mr. H. Marzuki Alie, SE. MM
Chairman of the House of Representatives
In --
         Jakarta

 

Warms greetings,
 
First of all, we would like to congratulate on the election of Mr. Marzuki Alie as Chairman of the Parliament 2009-2014. Similarly to all members of the House of Representatives elected. The hope all members of the House of Representatives 2009-2014 can run the trust of public and the Indonesian constitution as possible.

Furthermore, through this letter, we intend to convey the victim's family hopes the case of Disappearance activists in 1997-1997. The expectations are that the Parliament Decision 2009-2014 should follow up the Parliament Plenary 2004-2009 period. The verdict refers to the work and recommendations of the Special Committee (Special Committee) on Enforced Disappearances in period 1997 to 1998, which was held on 28 September 2009. These recommendations as follow;

1. Recommend to the President to establish an Ad Hoc Human Rights Court.
2. Recommend to the President and all government institutions and related parties to immediately conduct a search of 13 people who by the National Commission on Human Rights is still missing;
3. Recommend to the Government to rehabilitate and provide compensation to the families of the missing
4. Recommend to the government to immediately ratify the Convention against Enforced Disappearances '[About the International Convention on Protection of All Persons from Enforced Disappearances]' as a form of commitment and support to stop the practice of Enforced Disappearances in Indonesia.

Related to the above recommendations, we present a number;

First, the four recommendations above is a positive progress in the handling of this case. Therefore the victim's family and we appreciate the co-victims of work and commitment of the House of Representatives in about handling these cases. Furthermore, the House of Assembly's decision this case an automatic end to the legal debate about the establishment of procedures for the ad hoc Human Rights Court of the Attorney General and the Parliament.

Second, the future, these recommendations become a precedent for Parliament and the political foundation in encouraging the formation of ad hoc human rights court for other cases of gross human rights violations, which occurred in the past in Indonesia.

Third, the recommendation above (especially point 2) becomes important to be followed-up since in this case there are a number of victims who were removed. International human rights instruments' [About the International Convention on Protection of All Persons from Enforced Disappearances] emphasized the importance of efforts to search and clarity of the existence members who became victims of the practice of enforced disappearances. It is assumed that those who are not in a state omitted died. If they are alive, they are not idle.

These recommendations complement the legal basis and the establishment of ad hoc human rights court for the President, according to Article 43 of Law 26/2000 on Human Rights Court, which states;
 
1. The violations of human rights that occurred prior to heavy promulgation of this Act shall be examined and decided by the ad hoc Human Rights Court
2. The Ad hoc human rights court as referred to in paragraph (1) is formed on the basis of the proposal the House of Representatives of Indonesia based on a specific event by a Presidential Decree.

Specifically on the role of the Parliament 2009-2014;

Apart from legal mandates as outlined above, there is also the Parliament's constitutional obligations as stipulated in the 1945 Constitution Article 20 A paragraph (1) and the House Standing Orders in Chapter II, Article 4 that "the House of Representatives has a legislative function, budgetary function and control function". Therefore based on the legal and constitutional mandate we expect the Parliament to supervise 2009-2014 period to ensure the above recommendations with the government run as soon as possible and sincerely. This supervision can be done by the Parliament as follows;

1. To ensure that administrative and procedural recommendations have been submitted to the President of the Republic of Indonesia, Mr. Susilo Bambang Yudhoyono.
2. The consideration of the importance of this case, the House should immediately follow-up point 1 above by doing the consultation meeting with the President of Indonesia, Mr. Susilo Bambang Yudhoyono. This is according to the rules of the House leadership duties; "To hold consultations with the President and other leaders of state institutions in accordance with the decision of the House" is also mentioned in the order of the House, Chapter XV of the Consultation and Coordination of State Institution Fellow, Article 212, paragraph I letter, a "Consultation and coordination between the House with other state agencies in the form of a meeting held between the leadership of the House with the President ... ...." And verse 4 says "consultation and coordination meetings, can be done either on the initiative of the House and certain institutions of other countries".
3. As soon as possible to conduct the Public Hearings Meeting (RDPU) or Working Meeting with the Attorney General, National Human Rights Commission and the Department of Justice and Human Rights to find a plan and follow up the steps to be taken of each agency in implementing the above recommendations.
4. The 2009-2014 House of Representatives must be prepared to use the constitutional rights of individual members of Parliament, such as the right to ask (right of interpelation) which occurs if efforts neglect or rejection of the Government to implement recommendations 4 House of Representatives Special Committee in the case of missing people and kidnapping of activists 1997-1998. As stipulated in the 1945 Constitution, Article 20 A (2) that "In Implementing functions, in addition to the rights provided for in other Articles of the Constitution, every member of the House of Representatives has the right to ask, questionnaire rights and rights of expression"

The Commitment of morally and politically from all factions and all members of the House of Representatives which are very long-awaited by the families of those missing or killed in order to later justice can really be enforced.

So the letter was delivered. Thanks for your attention and cooperation.

Jakarta, October 28, 2009

Haris Azhar (KontraS)
Mugiyanto  (IKOHI/The victims of disappeared)
Nurhasanah (the mother of Yadin Muhidin)
Paian Siahaan (the father of Ucok Siahaan Munandar)    
Sipon (the wife of Wiji Thukul)
Suyadi (the brother of Suyat)  
Tuti Koto (the mother of Yani Afri)