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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