Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the illegal charges against Stanly Handry Ering, an informant in a corruption case. On 13 December 2011, the Tondano district court sentenced Stanly to five months imprisonment for defamation. Meanwhile, the cases of corruption revealed by Stanly are still being examined.
UPDATED INFORMATION:
In its urgent appeal of 19 July 2011 (AHRC-UAC-123-2011), the AHRC raised concerns about the defamation charges against Stanly Handry Ering, the whistleblower in a corruption case. Ph E A Tuerah, Rector of the University of Negeri Manado (UNIMA) reported Stanly to the Minahasa district police for defaming him as an alleged corrupt person. Rector Tuerah and his subordinates tried to threaten, abduct and harm Stanly. They also intimidated students to give fake testimony so that charges could be laid against Stanly. The Minahasa district police and Tondano district office of public prosecutor ignored the rights Stanly is entitled to as a whistleblower in a corruption case; a whistleblower cannot be charged with defamation for the information provided in a case, unless it is found incorrect in court.
(photo: Stanly Handry Ering, lecturer at the Manado State University appearing before court. source: courtesy of Pacific TV Manado)
According to the information received from KontraS, on December 13, 2011, the Tondano district court, North Sulawesi sentenced Stanly to five months imprisonment, although the corruption case reported by Stanly is still being examined. This verdict violated article 10 of law no. 13/2006 concerning witness and victim protection, and as provided in the circular of Indonesia police No: B/345/III/2005/bareskrim, whereby a witness or whistleblower cannot be charged with defamation for the information provided before the information has been examined in court. Furthermore, there is no examination for the bribing allegation conducted by Alfons Tilaar, as mentioned in the previous urgent appeal.
The AHRC is very concerned that local authorities in Tondano laid defamation charges upon Stanly in flawed processes that lack proper evidence. The Minahasa district police, Tondano prosecutor and Tondano judges have shown a serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. The AHRC deplores the dysfunction and apparent politicisation of courts in Tondano, which leaves people without access to impartial and legally based justice mechanisms they are entitled to.
SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to thoroughly review and examine the trial process against Stanly, and conduct an investigation into the procedural violations at the Minahasa District Police and the Tondano district office of public prosecutor and for the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – KPK) to investigate possible corruption taking place in the Minahasa District Police and Tondano Disctrict Office of the public prosecutor.
Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the independence of judges and lawyers, calling for strong interventions.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Tondano district court sentenced corruption informant to five-months imprisonment
Name of victim: Stanly Handry Ering (male, 41 years, UNIMA's lecturer)
Names of alleged perpetrators: Judges at Tondano district court who examined the case
Date of incident: 13 December 2011
Place of incident: Tondano district court, North Sulawesi
I am writing to express my serious concern over the sentence given to Stanly Handry Ering, the informant of the corruption allegedly carried out by the Rector of the University of Negeri Manado (UNIMA).
I am aware that on 24 February 2011, Stanly Handry Ering (41) a lecturer at the University of Negeri Manado, reported allegations of corruption at the University of Negeri Manado (UNIMA) carried out by the rector, to Indonesia's Corruption Eradication Commission (KPK).
Following this, Ph E A Tuerah, Rector of UNIMA reported Stanly to the Minahasa district police for defaming him as an alleged corrupt person. Rector Tuerah and his subordinates tried to threaten, abduct and harm Stanly. They also intimidated students to give fake testimony so that charges could be laid against Stanly. The Minahasa district police and Tondano district office of public prosecutor ignored the rights Stanly is entitled to as a whistleblower in a corruption case; a whistleblower cannot be charged with defamation for the information provided in a case, unless it is found incorrect in court.
On December 13, the Tondano district court, North Sulawesi sentenced Stanly to five months imprisonment, although the corruption case reported by Stanly is still being examined. This verdict violated article 10 of law no. 13/2006 concerning witness and victim protection, and as provided in the circular of Indonesia police No: B/345/III/2005/bareskrim, whereby a witness or whistleblower cannot be charged with defamation for the information provided before the information has been examined in court. Furthermore, there is no examination for the bribing allegation conducted by Alfons Tilaar, as mentioned in the previous urgent appeal.
I am very concerned that local authorities in Tondano laid defamation charges upon Stanly in flawed processes that lack proper evidence. The Minahasa district police, Tondano prosecutor and Tondano judges have shown a serious disregard for the basic criminal procedure standards and fundamental principles of rule of law. The verdict in this case appears to be quite blatantly fabricated. I deplore the dysfunction and apparent politicisation of courts in Tondano, which leaves people without access to impartial and legally based justice mechanisms they are entitled to.
Therefore, I urge you to thoroughly review and examine the trial process against Stanly, and conduct an investigation into the procedural violations at the Minahasa District Police and the Tondano district office of public prosecutor, and for the KPK to investigate any possible corruption taking place in the Minahasa District Police and Tondano Disctrict Office of the public prosecutor.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel : +62 21 3863777, 3503088.
Fax: +62 21 3442223
2. Mr. Marwan Effendy
Jaksa Agung Muda Pengawasan Republik Indonesia (Solicitor General on Supervision of Indonesia)
Jl. Sultan Hasanudin No. 1
Kebayoran Baru, Jakarta 12160
INDONESIA
Tel : +62 21 7221337, 7397602.
Fax: + 62 21 7250213
3.Chairman of Judicial Commission
Komisi Yudisial Republik Indonesia
Jl. Kramat Raya No. 57, Jakarta Pusat
INDONESIA
Tel: +62 21 3905455;
Fax: +62 21 3905455;
Email: kyri@komisiyudisial.go.id
4. Corruption Eradication Commission
Direktorat Pengaduan Masyarakat
PO BOX 575 Jakarta 10120
INDONESIA
Tel : +62 21 2557 8389
Fax: +62 21 5289 2454
Email: pengaduan@kpk.go.id
5. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
6. Chief of the Regional Police of North Sulawesi
Jl. Tumetenden 1, Manado.
INDONESIA
Tel: +62 438-868046
Fax: +62 438-841122
7. Chief Justice of the Republic of Indonesia
Mahkamah Agung
Jalan Medan Merdeka Utara No.9-13, Jakarta 10110
INDONESIA
Telepon (021) 3843557 -3453348
Fax (021) 383541
8. Chairman of Tondano District Court
Jl. Manguni No. 75, Tondano
North Sulawesi 95615
INDONESIA
Tel : +62 431 321122, 321241
Fax: +62 431 321241
Yours sincerely,
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
