E/CN.4/2000/4/Add.2
page 17
65.
On the basis of the information conveyed to it, the Working Group
considers that the majority of individuals facing charges in connection with
the above-mentioned symbolic flag-raising ceremonies were arrested for having
mostly peacefully exercised their beliefs, and that their detention is
arbitrary within the meaning of category II of the Group's methods of work.
Category III
66.
According to the Group's methods of work, detention is considered
arbitrary under this category if there is serious non-observance of some or
all international norms relating to the right to a fair trial. The following
examples encountered by the Working Group during its visit are not exhaustive.
Right to be tried by an independent and impartial tribunal
67.
At Cipinang prison in Jakarta, the Group interviewed four prisoners Asep Suryaman (aged 73), I Bungkus (aged 71), Nataneal Marsudi (aged 71), and
Abdul Latief (aged 72) - who have been in prison since they were detained
between October 1965 and September 1971 and, with the exception of
Abdul Latief, have been sentenced to death. They are part of a group of
10 elderly men detained for their alleged links with the Indonesian Communist
Party (PKI) or involvement in an alleged coup attempt against then
President Soekarno which was blamed on the PKI. 10 According to the
information given to the delegation, the trials of the above-mentioned four
detainees, whether before a civil or a military tribunal, did not meet
international standards for a fair trial. Thus, Mr. Marsudi, arrested on
1 October 1965, was not tried until July 1976. Throughout the entire period,
he remained without legal assistance and he met his representative for the
first time during the hearing before the military tribunal. Similarly,
Mr. Suryaman, detained in 1971, did not meet with a legal representative until
the start of his trial before the District Court of Jakarta in 1975.
68.
While some of the PKI members had clearly been involved in the use
of violence, others clearly had not. The Working Group does not have
sufficient evidence to make a definite determination for all PKI detainees it
interviewed, but it considers that all those still detained who did not commit
violent or criminal acts are detained under category II of its methods of
work. In any event, all are detained under category III, as they were not
accorded a fair trial, which confers upon their deprivation of liberty an
arbitrary character.
69.
During its meeting with the Minister of Justice, the Group made
reference to the resolution of the Commission on Human Rights which requests
it to monitor in particular the situation of long-serving prisoners, and asked
that, in the context of amnesty decisions taken by President Habibie, priority
be given to the release of the above-mentioned 10 PKI prisoners, imprisoned,
in some cases, for over 30 years. The Group subsequently learned that the
10 prisoners convicted in connection with the 1965 coup attempt and still
detained were released on 25 March 1999, following a presidential pardon. By
letter dated 21 May 1999 addressed to the Permanent Mission of Indonesia to
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