UPDATE (Indonesia): Parliament must formally revoke 2001 recommendation and call for ad hoc human rights court to prosecute Trisakti and Semanggi killings 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-045-2006
ISSUES: Administration of justice,

[RE: UA-23-2002: Sign petition for attorney general to bring justice to May 1998 riot victims; UP-81-2005: Attorney General Refuses to investigate gross violations of human rights that were committed at Trisakti/Semanggi; UP-102-2005: House of Representatives must recommend the establishment of an ad-hoc human rights court on the Trisakti/Semanggi killings in its coming plenary session.]
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UP-045-2006: INDONESIA: Parliament must formally revoke 2001 recommendation and call for ad hoc human rights court to prosecute Trisakti and Semanggi killings

INDONESIA: Impunity; ineffective remedies
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to you with updated information regarding the Trisakti and Semanggi killings of 1998-99. In our previous appeals (see UP-102-2005UP-81-2005UA-23-2002) we noted that Indonesia’s House of Representatives in 2001 denied that the killings constituted gross human rights violations. Although this denial was revoked by the Third Commission of the House of Representatives in June 2005, it needs to be confirmed by the parliament. This did not occur in its plenary session of August 2005, as had been expected. Since then, while there has been lip service and other symbolic gestures made by parliamentarians towards the victims’ families, no effective action towards justice has been taken.

The Chief of the House of Representatives has on numerous occasions promised the families of the victims that under internal mechanisms, a discussion would be held in either the chair meeting (Rapat Pimpinan) or the forum body meeting (Rapat Badan Musyawarah) regarding the decision of the Third Commission. The forum body meeting has been held already, with no mention of the Trisakti and Semanggi case.

On 17 February 2006, the chair meeting was held and it was agreed that for ethical reasons the 2001 recommendation must be revoked. However, the parliament refused to accept this decision as it is based on an internal mechanism, rather than a formal decision of the parliament. This caused much outrage amongst victims’ families, students and local activists.

On 23 February 2006, during another forum body meeting it was agreed to have a further discussion regarding this matter in the Third Commission of the parliament. The Commission is now obliged to discuss the issue and bring it to the next plenary session of the parliament. However, there seems to be no time frame regarding when this discussion should occur.

Until the parliament formally revokes its 2001 recommendation and calls for the establishment of an ad hoc human rights court, the victims of the Trisakti and Semanggi killings will obtain no justice. Under Indonesian law, the establishment of an ad hoc human rights court is the only legal remedy available for gross human rights violations committed before 2000. Its establishment requires a parliamentary recommendation and a presidential decree.

SUGGESTED ACTION:
Please write letters to the Chief of the House of Representatives and the Chairman of the Third Commission and urge them to immediately address this issue. The parliament must revoke its 2001 recommendation urgently, and call for the establishment of an ad hoc human rights court to provide justice in this case.

 

 

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

SAMPLE LETTER

Dear_________,

INDONESIA: Parliament must formally revoke 2001 recommendation and call for ad hoc human rights court to prosecute Trisakti and Semanggi killings

I am writing to you in concern at the lack of effective action taken by the parliament to ensure that justice is served to the victims of the Trisakti and Semanggi killings of 1998-99.

According to the information I have received, although the Third Commission revoked the recommendation made in 2001 that the killings do not constitute gross human rights violations in June 2005, until now, this has not been confirmed by a formal decision of the parliament.

I urge you to take all necessary measures and steps to bring about such a decision at its earliest. The victims of the 1998-99 violence have already been waiting for over five years to obtain justice. You will be aware that without a parliamentary recommendation and presidential decree, an ad hoc human rights court cannot be established. Such a court is the only mechanism through which the Trisakti and Semanggi victims can obtain remedies.

Being the representatives of the Indonesian people, it is incumbent upon the parliament to ensure that their rights are safeguarded. Until the parliament formally revokes its 2001 recommendation and calls for the establishment of an ad hoc human rights court, the victims' right to effective remedy will not be realised.

I trust you will take the necessary action regarding this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Agung Laksono
Chief of Indonesia House of Representatives 
Gedung DPR/MPR RI
Jl. Gatot Subroto No. 6 
Jakarta
INDONESIA
Tel: + 62 21 5715509, 5715344, 5715621
Fax: + 62 21 5714469, 5734389

2. Mr. Trimedya Panjaitan
Chairman
Third Commission (Commission on Law and Human Rights)
Indonesia House of Representatives
Gedung DPR/MPR RI 
Jl. Jend. Gatot Subroto 
Jakarta 10270
INDONESIA
Tel: + 62 21 5717769
Fax: + 62 21 571 5532, 5715566

3. Mr. Abdul Rahman Saleh
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id


PLEASE SEND COPIES TO:

1. Mr. Susilo Bambang Yudoyono 
President 
Republic of Indonesia 
Presidential Palace 
Jl. Medan Merdeka Utara 
Jakarta Pusat 10010 
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782

2. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
JI. H.R. Rasuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA 
Fax: + 62 21 525 3095

3. Mr. Abdul Hakim Garuda Nusantara
Chairperson
National Commission on Human Rights KOMNAS HAM 
Jl. Latuharhary No. 4B Menteng 
Jakarta Pusat 10310
INDONESIA
Tel: + 62 21 3925230  
Fax: + 62 21 3151042, 3925227
E-mail: info@komnasham.or.id

4. Mr. Philip Alston 
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions 
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG 
1211 Geneva 10 
SWITZERLAND
Tel: + 41 22 917 9155
Fax: + 41 22 917 9006 (general)
E-mail: lventre@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : UP-045-2006
Countries : Indonesia,
Issues : Administration of justice,