INDONESIA: Alleged threats to lawyers in Medan by military personnel

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the public threats on two advocates from the Medan Legal Aid Institute (LBH Medan) by six members of the Indonesia Armed Forces (TNI-AD) on 5 June 2007, during a court trial at Pancur Batu State Court. It is reported that the military personnel came into the court dressed in full uniform and carrying firearms. We are concerned that no one, including the judge, the prosecutors or judicial officers at the court took any action against the soldiers. It is reported that the client, whom the two lawyers are defending, were accused of murdering a man, who is the family member of one of the six soldiers. The AHRC is seriously concerned about the security of the two lawyers because this is not the first time they received threats by the military officer concerned.

CASE DETAILS:

Oktober Siahaan (Okto) and Ahmad Irwandi both work for the Medan Legal Aid Institute (LBH Medan), in which at the moment they are working on the case of Pijer Sinuraya (34), a farmer from Jalan Desa Bintang Meriah, Pancur Batu Subdistrict, Deli Serdang Province, who, alongside several of his friends, is accused of the murder of Abdi Sembiring. Bina Satria Sembiring, a lieutenant from Battalion Yon Kav-6 Kodam I/BB, is the victim’s family member.

On 5 June 2007, the fifth court session was taking place at Pancur Batu State Court with the intention of hearing the testimony of a witness who would provide a claim for a lesser charge. During this process, six armed soldiers headed by Bina Satria suddenly appeared from the direction of the court’s window, directly behind Okto and Irwandi. The threatening voice of Bina Satria was clearly heard stating, “What are you, how could you bring a lesser charge again, I will stab you later!” Everyone in the court room from the audience, the prosecutor and the judge presiding over the trial heard the threat being made, but once against there was no reaction.

After the trial finished that afternoon, the two LBH Medan advocates were walking out of the courtroom when without any notice Bina Satria grabbed Okto’s shoulder. Bina Satria warned them not to defend Pijer whilst his right hand was trying to take the bayonet from his waist. Okto tried to reason with Bina Satria by telling him that his rights as the victim’s family is being represented by the prosecutor, and there is no need for this violent behavior. Bina Satria was full of emotion and wanted to speak to Okto in private. Fortunately, both lawyers were not harmed by the soldiers.

This was not the first time that Okto and Irwandi were threatened by Bina Satria. On 30 May 2007, while eating at a food stand not far from the state court, Okto and Irwandi received a phone call from Bina Satria, who said that he would come and get Okto that night. Okto was not intimidated by the phone call and he answered it in a casual manner because he realized that this is the risk of being a human rights defender.

ADDITIONAL COMMENTS:

The Medan Legal Aid Institute (LBH Medan) is a branch of the Indonesian Legal Aid Foundation that was created to advocate for human rights in Indonesia, and provide access to justice for the poor and marginalized in the society. Based on the litigation law of Indonesia, people who have the likelihood of being sentenced to five years or more have to be represented in court by a lawyer. When necessary, the Legal Aid Institute may handle and advocate the case before the court.

The activities of the LBH Medan is protected by Chapter IV of Law No. 18 of 2003 concerning Advocates, which states that lawyers have the right to freely conduct their profession and they cannot be identified with their client, in such a way that it may cause them to be targeted by authorities or society. In accordance with the Indonesian rule of law, the lawyers of LBH Medan have a right to defend their clients no matter if they are guilty or innocent because that is the due process of the law, and the military should not meddle into the affairs of the judiciary.

Furthermore, one of the AHRC’s main concerns with this case is the lack of legal measures taken by the judiciary and the police regarding the threats being made by the military personnel, who blatantly entered into an official courtroom carrying firearms. Such impunities cannot be allowed to prevail in the Indonesian court system because lawyers will not be able to carry out their profession in a safe environment.

In the Declaration on Human Rights Defenders, the United Nations (UN) has affirmed the importance of the work of human rights activists by declaring that the state has a responsibility to guarantee the protection of human rights defenders. The Declaration reads:

“The State shall take all necessary measures to ensure the protection by competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.” (Article 12.2).

As signatory to this declaration, the Indonesian government has a duty to punish those that try to attack activists and restrict the activities of human rights organizations. It has been reported that since the visit of Ms. Hina Jilani, the UN Secretary General’s Special Representative on Human Rights Defenders (also see press release of her visit), there has been several cases of military attacks and intimidation in other parts of Indonesia, notably West Papua. The Chairman of Komnas Ham (The Indonesian Human Rights Commission) in West Papua, Alberth Rumbekwan received threatening text messages, phone calls, and visits by what he believed to be members of the national intelligence agency (BIN) after he tried to expose the human rights violations in the province. These reported cases demonstrate that the Indonesian government still does not have effective oversight over their security forces, and further action needs to be committed in order to ensure that there is accountability on the part of the state.

The Medan Legal Aid Institute (LBH Medan) has already conducted action towards this case on 8 June 2007, by writing a complaint letter to the Regional Military Commander (Pangdam I/BB), demanding punishment against Bina Satria Sembiring’s threatening behavior towards the two lawyers. In addition, LBH Medan has sent letters to TNI headquarters in Jakarta, including the related institutes of the military, such as the central military police (Puspom-AD) and the head staff of TNI-AD (Kastaf TNI-AD) in Jakarta.

SUGGESTED ACTION:

Please write to the local authorities listed below and demand urgent intervention in this matter and urge them to bring disciplinary action towards Lieutenant Bina Satria Sembiring and the other personnel. For your information, the AHRC has already written a letter to Mr. Leandro Despouy, Special Rapporteur on the independence of judges and lawyers for her consideration.

To support this case, please click here: SEND APPEAL LETTER