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INDONESIA: 19 Bandung Detainees - a backlash against democracy

July 31, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

 

1 August 2001

 

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UA-27-2001 - 19 Bandung Detainees - a backlash against democracy

 

INDONESIA: political detentions, police brutality, denial of right to freedom of assembly, expression, association

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The latest UPDATE for this appeal is available at:

http://www.ahrchk.net/ua/mainfile.php/2002/210/

 

http://www.ahrchk.net/ua/mainfile.php/2001/184/

 

http://www.ahrchk.net/ua/mainfile.php/2001/169/

 

http://www.ahrchk.net/ua/mainfile.php/2001/151/

 

 

 

The latest RESPONSE for this appeal is available at:

http://www.ahrchk.net/ua/mainfile.php/2001/183/

 

 

The pro-democracy 'reformasi' movement in Indonesia is facing a severe backlash. After one and a half months in jail, and with the presidency crisis resolved, the 'Bandung 19' political prisoners need your Urgent Action to call for their release. All the information you need for this action, including a sample letter, is included below. Please read as much as you can, but most importantly write the letter to Pres. Megawati.

 

AHRC's Early Warning "Civil Society under siege" (UA-14-2001 issued 4/5/2001) has been confirmed accurate by the latest brutal response by the Indonesian police force in response to a legitimate, peaceful rally organised by those seeking the dissolution of Suharto's Golkar party. The police have reportedly fired tear gas and warning shots and beaten the pro-democracy activists, who were protesting against today's Supreme Court decision to not dissolve the party that was deposed by the people after 32 years of Suharto's dictatorship. A plaintiff in the case was quoted as saying "The judges were not trying to find the truth. This is not an honest trial. Suharto's people are still in charge of Indonesia." Four students were attacked by Golkar supporters after throwing a chicken in front of the court as a peaceful but poignant protest against the court ruling. One of the pro-democracy activists sustained serious head injuries, but none of the Golkar supporters were arrested.

 

This latest attack on freedom of association, expression and assembly contrasts with the lack of police intervention when leftist organisations, activists and literature were targeted for destruction by the Golkar-supported "Anti-Communist Alliance". And there has been little or no progress in identifying the professional assassins who last week killed Justice Syaifuddin Kartasasita, 61, the judge who upheld an 18-month jail sentence for Suharto's millionare son Tommy, who was convicted for his role in an $11m property scam. It appears the police are as unable or unwilling to find the killers as they have been to find Tommy who has been on the run since the sentence was upheld.

 

Most disturbingly of all, at least 19 young activists are still being held (since June 15) as political prisoners in detention in the Police Headquarters of West Java (Polda Jawa Barat) for their peaceful involvement in protests against changes to labour laws and increases in oil prices. The changes proposed by the government would mean even less job security (restricting right to compensation and right to strike) and even greater poverty for the working people, unemployed and students of Indonesia. The protests where they were arrested were at Gasibu in the city of Bandung, in the province of West Java, which neighbours Jakarta.

 

19 BANDUNG DETAINEES

 

The 19 'Bandung Detainees' are from the Young Christian Workers movement (YCW), the Student League for National Democracy (LMND) and the Partai Rakyat Demokratik (PRD) political party, amongst other groups. They have been charged under criminal laws that prohibit displaying signs that may cause humiliation to the Indonesian government (Art. 155), Indonesian people (Art. 157), Public Authorities (Art. 160) or any similar person/institution (Art. 161); and for openly using violence against people or goods (Art. 170).

 

The prisoners have been treated extremely badly. They went on a hunger strike for 8 days, and eventually were given medical attention and ordered to end their fast. Here is what one of the prisoners, Mardiyono from YCW, wrote in a letter from prison:

 

"The condition in the custody is very bad (inhumane). Each day we are provided with rice and only salted fish and fermented beans. The policemen in charge call the roll every day and anytime we may get a punch or a kick. We feel depressed, bored and frustrated. When members of family came, they could only shed tears......In the first five days we got torture that hurt us. We suffer physically and mentally. The police have dreadfully violated the human rights. Therefore we will keep struggling for democracy and human rights in Indonesia."

 

The 19 prisoners (name, age, occupation, organisation, charges) are:

1. L.V. Mardiyono, 23, worker at PT Tiansi, YCW (Art. 160, 170)

2. Normalinda, 22, student at UNPAD, LMND (Art. 160,170)

3. George Dominggus Hormat, 21, student at ITB, LMND (Art. 160,170)

4. Fransiskus Xavarius Farneubeun, 21, worker, PRD (Art. 160,170)

5. Kahpi, worker, PRD (Art. 160,170)

6. Albertus Budi Pratomo, 21, worker at PT MSP, PRD (Art. 160,170)

7. Hiskia Hartono, 31, student (Art. 160,170)

8. Edy Irwansah, 20, labourer at PT JM, YCW (Art. 160,170)

9. Maraden Sinaga, 23, student at UNDAP, YCW (Art. 160,170)

10. Deny Nugraha, 33, worker, YCW (Art. 160,170)

11. Wirya Wangsa Direja, 24, labourer, YCW (Art. 160,170)

12. Deny Kusmarna, labourer at PT Trijaya Utama, YCW (Art. 160,170)

13. Dindin Suherman, NGO worker at "Dewan Kota" (Art. 160, 161, 155, 157)

14. Asep Ruhyat, NGO worker at "Dewan Kota" (Art. 160, 161, 155, 157)

15. Andy Hartono, 22, student at ITB, LMND (Art. 160, 161, 155, 157)

16. Anton Jauhari, student, GPRI (Art. 160, 161, 155, 157)

17. Donny Danudirjo, 21, student at ITB, LMND (Art. 160, 161, 155, 157)

18. Yovi Wijaya, 21, student at ITB, LMND (Art. 160, 161, 155, 157)

19. Sri Darwanti, 24, student at STSI, GPK (Art. 160, 161, 155, 157)

 

BACKGROUND

 

The popular uprising that overthrew Suharto after 32 years of dictatorship was led by students and independent trade unions. The unseating of Suharto paved the way for democratic reforms and elections, resulting in the appointment of President Wahid in late 1999. But Suharto's family and allies in the military and business sector have reacted violently to the attempts to bring the military under government control, to prosecute Suharto's family and to introduce human rights legislation and courts. The recently impeached president Wahid brought Suharto and his son Tommy to court, introduced a Human Rights court, and removed some of the top military officials from their posts. The backlash has come in the form of the provocation of the Maluku 'religious' conflict by the military, the bombings of mosques, churches and the attorney general's office and threats to human rights defenders. The backlash seems to have intesified already under the leadership of President Megawati Sukarnoputri, who relied on the support of Suharto's Golkar party to wrest power from Wahid.

 

The changes to the labour laws and the increase in fuel prices are being implemented at the behest of the International Monetary Fund (IMF), who have loaned money to Indonesia and are now using this as a means of 'liberalizing' the economy.

 

Regarding the court system, many of the current judges are still those appointed by Golkar, and there is an historical system of determining court decisions through bribes (the higher the bribe, the shorter the sentence). The court system is in need of a complete overhaul to remove political allegiances and corruption.

 

SUGGESTED ACTION

 

Please write urgently to the Chief of police of West Java, the National Police Chief and the National Human Rights Commission, demanding immediate and unconditional release of the prisoners, who are being detained in sub-human conditions for exercising their right to freedom of expression, assembly and association. In addition, please call for an inquiry into the police involved in beating and firing teargas at protesters at the rallies on June 12-15 and July 31.

 

You may also send solidarity messages to the 19 detainees by email to:

 

 

SAMPLE LETTER

 

Your Excellency

 

I am alarmed to discover that 19 people are still being detained since their arrest on June 15 in association with the legitimate protests against the changes to labour laws and increases in fuel prices. I understand that labour conditions are already relatively poor and that many will not be able to survive if the fuel subsidies are removed, so I can understand that these people would take to the streets to make use of the right to freedom of expression and assembly. I cannot understand that they could be detained for this under sub-human conditions, and I am equally disturbed by the brutal response of the police to those protesting against the Golkar party on July 31.

 

The 19 'Bandung Detainees', being held at the Police Headquarters of West Java (Polda Jawa Barat) are:

1. L.V. Mardiyono, 23, worker at PT Tiansi

2. Normalinda, 22, student at UNPAD

3. George Dominggus Hormat, 21, student at ITB

4. Fransiskus Xavarius Farneubeun, 21, worker

5. Kahpi, worker

6. Albertus Budi Pratomo, 21, worker at PT MSP

7. Hiskia Hartono, 31

8. Edy Irwansah, 20, labourer at PT JM

9. Maraden Sinaga, 23, student at UNDAP

10. Deny Nugraha, 33, worker

11. Wirya Wangsa Direja, 24, labourer

12. Deny Kusmarna, labourer at PT Trijaya Utama

13. Dindin Suherman, NGO worker at "Dewan Kota"

14. Asep Ruhyat, NGO worker at "Dewan Kota"

15. Andy Hartono, 22, student at ITB

16. Anton Jauhari, student

17. Donny Danudirjo, 21, student at ITB

18. Yovi Wijaya, 21, student at ITB

19. Sri Darwanti, 24, student at STSI

 

Many in Indonesia and around the world are looking to you now to take a firm stand in favour of democracy and human rights. Imprisoning peaceful pro-democracy activists for exercising their human rights will surely disillusion Indonesians hungry for reform, and bring international condemnation. However, the immediate and unconditional release of these political detainees and a thorough investigation into the police brutality evident at the June 12-15 labour law and fuel prices protests (in Bandung, Surabaya and Jakarta) and the latest protest about the Golkar party in Jakarta would send a message that you will uphold human rights and prevent a return to the political repression that you and many others worked against under Suharto.

 

yours sincerely

 

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SEND LETTERS TO

 

Mrs. Megawati Sukarnoputri

President, Republic of Indonesia

Presidential Palace, Jakarta

Istana Negara, Indonesia.

Fax: (62 21) 345 7782

SALUTATION: Your Excellency

 

Gen. Surojo Bimantoro

National Chief of Police

Jl. Trunojoyo

No. 3 Kebayoran Baru

Jakart Selatan

Indonesia

Tel: +(6221) 721 8001

Fax: +(6221) 720 7277

SALUTATION: Dear Gen. Bimantoro

 

Chief of Police

West Java Province

Fax: 62 22 7800236

 

SEND A COPY OF YOUR LETTER TO

 

Ms. Hina Jilani

Special Representative of the Secretary-General on the situation of human rights defenders

c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland

Fax: 41 22 917 9006

webadmin.hchr@unog.ch

PLEASE MARK: ATT - SPECIAL RAPPORTEUR HIMA JILANI

 

Mr. Asmara Nababan

Secretary General

Komnas HAM

Jl. Latuharhary No. 4B Menteng

Jakarta Pusat

FAX: (62 21) 392 5227

EMAIL: info@komnas.go.id

SALUTATION: Dear Mr. Nababan

 

YCW Indonesia (send solidarity letters and a copy of protest letters)

Email: indonesia_ycw@hotmail.com

 

 

Document Type :
Urgent Appeal Case
Document ID :
UA-27-2001
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.