ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-004-2019
April 10, 2019
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INDONESIA: Human Rights Activist Interrogated by Police After Criticizing the Military
ISSUES: Freedom of expression and opinion, human rights defenders, fair trial, legal aid
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding criminal charges laid against Mr. Robertus Robert, a university lecturer, pro-democracy activist and well-known human rights defender. Robert was arrested and examined by the Police. He had been scheduled to sing a 1998 student activists’ protest song against the repressive practices of the Indonesian Armed Forces (at the time was known as ABRI).
CASE NARRATIVE:
Mr. Robertus Robert was arrested by the Police on Thursday March 7, 2019 at 00.30 am local time in his home at Depok City, West Java Province. Mr. Robert was arrested based upon Police Registration Report Number: SP. Kap/25/III/2019 issued by the Cyber Directorate Police Unit (Dittipidsiber) of Police Headquarters.
After being examined and investigated, he was subsequently named as a suspect. He was charged under the Law and Electronic Transaction (ITE) No. 19 of 2016, Article 28 paragraph 2 concerning hate speech. Robert was additionally charged under Article 207 of Indonesia’s Criminal Code (KUHP).
While the Police have claimed that Mr. Robert was arrested as a measure to protect him from potential reprisals from certain actors in the Indonesian National Military (TNI) or its sympathizers. The fact that he was charged with insulting an authority figure and a public institution can leave no doubt that freedom of expression is being criminalized in Indonesia.
Despite the fact that Mr. Robert was released after being examined for 24 hours, the investigation and prosecution against him is still on-going. He will be tried before a Criminal Court.
ADDITIONAL INFORMATION:
To use criminal provisions, after an insult is lodged against an authority figure or a public institution, is inconsistent with Indonesia’s human rights obligations. Public officials should be able to tolerate more criticism than private individuals. Using Defamation Laws, including Article 207 of the Criminal Code, with the purpose of affecting change by inhibiting legitimate criticism of the Government or public officials, violates the right to freedom of expression. Our organizations oppose laws promoting insult or disrespect of Heads of State, public figures, the military or other public institutions or flags and symbols.
Article 207 of Indonesia’s Criminal Code stipulates “Any person with deliberate intent in public, verbally or in writing, insults a public authority or institution in Indonesia, shall be punished by a maximum imprisonment of one year and six months or a maximum fine of four thousand and five hundred rupiahs”.
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that the Police drop any charges against Mr. Robertus Robert and other human rights defenders for their peaceful exercise of their right to freedom of expression. Furthermore, the Government should provide a safe environment for human rights defenders so that they can carry out their work without fear of punishment, reprisal or intimidation.
The AHRC is writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders and Special Rapporteurs regarding the promotion and protection of the right to freedom of opinion and expression.
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SAMPLE LETTER
INDONESIA: Human Rights Activist interrogated by Police after criticizing the Military
Name of victim: Mr. Robertus Robert
Names of alleged perpetrators: Police officers who filed the report against Mr. Robertus Robert
Date of incident: Thursday March 7, 2019
Place of incident: In front of the Presidential Palace, Jakarta, Indonesia
I am writing to voice my deep concern regarding criminal charges laid against Mr. Robertus Robert, a university lecturer, pro-democracy activist and well-known human rights defender. Robert was arrested and examined by the Police. He had been scheduled to sing a 1998 student activists’ protest song against the repressive practices of the Indonesian Armed Forces (at the time was known as ABRI).
Mr. Robertus Robert was arrested by the Police on Thursday March 7, 2019 at 00.30 am local time in his home at Depok City, West Java Province. Mr. Robert was arrested based upon Police Registration Report Number: SP. Kap/25/III/2019 issued by the Cyber Directorate Police Unit (Dittipidsiber) of Police Headquarters.
After being examined and investigated, he was subsequently named as a suspect. He was charged under the Law and Electronic Transaction (ITE) No. 19 of 2016, Article 28 paragraph 2 concerning hate speech. Robert was additionally charged under Article 207 of Indonesia’s Criminal Code (KUHP).
While the Police have claimed that Mr. Robert was arrested as a measure to protect him from potential reprisals from certain actors in the Indonesian National Military (TNI) or its sympathizers. The fact that he was charged with insulting an authority figure and a public institution can leave no doubt that freedom of expression is being criminalized in Indonesia.
Despite the fact that Mr. Robert was released after being examined for 24 hours, the investigation and prosecution against him is still on-going. He will be tried before a Criminal Court.
Therefore, I respectfully make the following requests of you. Petition and ensure that the Police drop any charges against Mr. Robertus Robert and other human rights defenders for their peaceful exercise of their right to freedom of expression. The Government provide a safe environment for human rights defenders in which they can carry out their work without fear of punishment, reprisal or intimidation.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
9. Mr. Drs. Hasto Atmojo Suroyo, M.Krim.
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
10. Mr. HM Prasetyo
Attorney General of the Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
11. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
