Dear Friends,
The Asian Human Rights Commission (AHRC) has information that after pressure and intensive lobbies conducted by national and international civil society organizations, the Attorney General’s Office (AGO), Mr. HM Prasetyo, decided to stop prosecution against a senior Corruption Eradication Commission investigator, Mr. Novel Baswedan. He also dropped the cases of Mr. Abraham Samad and Mr. Bambang Widjojanto, former chief and deputy chief commissioner of the Corruption Eradication Commission (KPK).
UPDATED INFORMATION:
On 1 February 2016, the Attorney General issued an order to cease its’ prosecution proceedings (SKPP) No B-03/N.7.10/Ep.1/02/2016 concerning the case of Mr. Novel. After long process of discussion, the AGO decide to stop the prosecution due to lack of evidence upon the case, whereas another reason is that the case has expired.
Previously, Novel’s case have been forwarded to Bengkulu’s District Court on 29 January 2016. Three days later, on 2 February 2016, prosecutors for his case retracted their charges to be revised. However, after the AGO has discontinued the prosecution, on 1 March 2016 a person who claimed as a victim of Novel Baswedan submitted pretrial lawsuit to the Bengkulu district court to examine whether or not the case eligible or not to be discontinued.
As stated in previous AHRC’s letter, Novel was allegedly responsible for the shooting against thieves conducted by his subordinate, when he was the Chief of the Intelligence and Criminal Unit at the Bengkulu Police Resort. Nonetheless, the case remains unclear, because the police never conducted investigation properly and failed to explain what was happened in 2004 properly. In contrast, we do believe that Novel have been victim of fabrication charges, in particular due to his involvement along with chief and deputy chief commissioners of KPK in the investigation team upon the case of Police Commissaries General Budi Gunawan, who previously had been named as a suspect of graft by KPK, but recently the suspect status has been canceled by a controversial verdict of the South Jakarta District Court after Commissaries General Budi submitted pretrial lawsuit to the court.
We also appreciated the AGO has dropped the cases of Mr. Abraham Samad and Mr. Bambang Widjojanto. The AGO announced that he has been used his prerogative mandate to drop the cases based upon the Law No 16 of 2004 on Prosecution, article 35c. According to the law that the AGO can drop cases by considering the good for public interest.
The AHRC has learned and believed that one of the main public interests is that prosecuting commissioners and investigation of KPK will be endangering the future of the Corruption Eradication Commission. Further reason is that considering massive public pressure and international attention upon the cases, where the AHRC also engaged and called for the government to stop the cases.
ADDITIONAL INFORMATION:
Previously the AHRC has reported and documented the cases through urgent appeal No AHRC-UAC-070-2015 and AHRC-UAU-001-2016. Further, the AHRC also issued a statement upon the case concerning stop fabrication of charges and ensure continuation of police reform.
Recently, more or less 40 people still become victims of fabrication charges, and out of the number countless people in the country who are mostly ordinary people such as local peasants, labor activists, etc face fabrication of charges and many of them do not have chance to be assisted by legal councils.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the AGO’s decision to discontinue and drop the cases of a senior investigator of KPK and former chief and deputy chief commissioners of the Corruption Eradication Commission (KPK) must be respected by all parties. The government should really consider that massive public pressure who call for dropping the cases are truly represented public interest as stated by the Law No 16 of 2004 on Prosecution, therefore the AGO’s decision is fully legitimate.
The AHRC is writing separate letters to the UN Special Rapporteur on the independence of judges and lawyers, calling for the Rapporteur’s intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Congratulation to the Attorney General, all parties should respect the AG’s decision discontinued prosecuting of fabrication cases
Name of victim: Mr. Novel Baswedan, Mr. Abraham Samad, and Mr. Bambang Widjojanto
Names of alleged perpetrators: The Indonesian Police
Date of incident: Between 30 April and 2 May 2015, and continuing in January 2016
I am writing to voice my deep concern regarding the Attorney General’s Office (AGO), Mr. HM Prasetyo, decided to stop prosecution against a senior Corruption Eradication Commission investigator, Mr. Novel Baswedan. He also dropped the cases of Mr. Abraham Samad and Mr. Bambang Widjojanto, former chief and deputy chief commissioner of the Corruption Eradication Commission (KPK).
On 1 February 2016, the Attorney General issued an order to cease its’ prosecution proceedings (SKPP) No B-03/N.7.10/Ep.1/02/2016 concerning the case of Mr. Novel. After long process of discussion, the AGO decide to stop the prosecution due to lack of evidence upon the case, whereas another reason is that the case has expired.
Previously, Novel’s case have been forwarded to Bengkulu’s District Court on 29 January 2016. Three days later, on 2 February 2016, prosecutors for his case retracted their charges to be revised. However, after the AGO has discontinued the prosecution, on 1 March 2016 a person who claimed as a victim of Novel Baswedan submitted pretrial lawsuit to the Bengkulu district court to examine whether or not the case eligible or not to be discontinued.
As stated in previous AHRC’s letter, Novel was allegedly responsible for the shooting against thieves conducted by his subordinate, when he was the Chief of the Intelligence and Criminal Unit at the Bengkulu Police Resort. Nonetheless, the case remains unclear, because the police never conducted investigation properly and failed to explain what was happened in 2004 properly. In contrast, we do believe that Novel have been victim of fabrication charges, in particular due to his involvement along with chief and deputy chief commissioners of KPK in the investigation team upon the case of Police Commissaries General Budi Gunawan, who previously had been named as a suspect of graft by KPK, but recently the suspect status has been canceled by a controversial verdict of the South Jakarta District Court after Commissaries General Budi submitted pretrial lawsuit to the court.
We also appreciated the AGO has dropped the cases of Mr. Abraham Samad and Mr. Bambang Widjojanto. The AGO announced that he has been used his prerogative mandate to drop the cases based upon the Law No 16 of 2004 on Prosecution, article 35c. According to the law that the AGO can drop cases by considering the good for public interest.
The AHRC has learned and believed that one of the main public interests is that prosecuting commissioners and investigation of KPK will be endangering the future of the Corruption Eradication Commission. Further reason is that considering massive public pressure and international attention upon the cases, where the AHRC also engaged and called for the government to stop the cases.
Therefore, I respectfully call upon the Indonesian government to ensure that the AGO’s decision to discontinue and drop the cases of a senior investigator of KPK and former chief and deputy chief commissioners of the Corruption Eradication Commission (KPK) must be respected by all parties.
The government should really consider that massive public pressure who call for dropping the cases truly represented public interest as stated by the Law No 16 of 2004 on Prosecution, therefore the AGO’s decision is fully legitimate.
Furthermore, I also respectfully expect that the government and the AGO can discontinue and drop other fabrication of charges to strengthen and ensure right to fair trial for every citizens without any exceptions.
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 Badroedin Haiti
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. 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
6. Dr. HM. Azis Syamsuddin, SH
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
7. Mr. Luhut Binsar Panjaitan
Chairperson 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
8. Mr. Nur Kholis
Chairperson National Human Rights Commission
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
9. Mr. HM Prasetyo
Attorney General of Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
