INDONESIA: The Attorney General should conduct investigations in the cases of Trisakti, Semanggi student killings

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) November 17, 2009 -- FOR IMMEDIATE RELEASE
November 17, 2009
AHRC-OLT-031-2009

An Open Letter to the Attorney General of Indonesia by the Asian Human Rights Commission (AHRC)

Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA

Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213

INDONESIA: The Attorney General should conduct investigations in the cases of Trisakti, Semanggi student killings

Dear Mr. Supandji,

The Asian Human Rights Commission (AHRC) is writing to urge you to conduct an investigation to follow up the recommendation of the National Commission for Human Rights (Komnas HAM). With regard to the commemoration of the Semanggi I case on November 13, we also wish to remind the national and international community that this case is not finished yet. Despite more than eleven years of political reform there is no progress in the settlement of past human rights abuses, in particular, the cases of Trisakti, Semanggi I and II, during which students who called for reforms in Indonesia were killed and injured by the armed forces. (photo on right: Mrs. Sumarsih, mother of a student killed at demonstration in 1998)

So far, stagnation of the law process has caused inconsistencies in the office of the Attorney General (The AG) with regard to the interpretation of Law No. 26 of 2000 regarding Human Rights Courts. In particular article 43 paragraph 2 mentions the recommendation from the House of Representatives to establish an ad hoc Human Rights Court for gross violations of human rights that were perpetrated before 2000. In previous experiences, such as for the cases of East Timor in 1999 and Tanjung Priok in 2003, the AG interpreted the law No. 26 of 2000 properly and followed up the recommendation from the Komnas HAM through investigation directly instead of requesting a prior recommendation from the DPR to do so.

The Constitutional Court, through decree No. 18/PUU-V/2007 from February 21, 2008, regarding article 43 of Law No. 26/2000, reinterpreted the article so that mere allegations of gross violations of human rights were not a sufficient basis for the parliament to establish an ad hoc Human Rights Court. Instead, a case has to be judicially investigated by the AG before such action can be taken. To fulfill this requirement, the Attorney General has to conduct an investigation before being able to present sufficient information to the Parliament to enable it to establish such a court.

To read the full open letter, please visit: http://www.ahrchk.net/statements/mainfile.php/2009statements/2297/

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