E/CN.4/2000/4/Add.2
page 14
53.
The Working Group welcomes the important amnesty measures announced by
President Habibie. Nonetheless, it has received a number of criticisms
concerning the following issues:
The inadequate transparency of these measures (the decrees are rarely
published) does not permit verification of the number of the
beneficiaries (240 according to a Minister, 200 according to an official
document), nor their identification;
According to information received from a variety of sources, a number of
individuals released after serving their sentence or from detention are
officially portrayed as having benefited from an amnesty;
The absence of legal or judicial criteria for granting amnesty has
resulted in cases of discrimination. The Group was told, for example,
of the release of all the Islamic militants involved in the events of
Lampung 4 and who had all been sentenced to heavy prison terms,
sometimes to life imprisonment, whereas other prisoners sentenced to
lighter terms (for example, certain members of the PRD) remain in
prison.
III.
DYSFUNCTIONS IN THE OPERATION OF THE LEGAL SYSTEM ENCOUNTERED
BY THE WORKING GROUP
Cases of arbitrary detention and their causes
54.
In accordance with its methods of work, the Working Group considers
“arbitrary” any deprivation of liberty which falls within one of the three
categories mentioned hereunder. Indonesia is not a party to the International
Covenant on Civil and Political Rights, however the Government is examining
the possibility of ratifying it. The Group has, accordingly, considered it
useful to underline issues which would raise problems of incompatibility with
provisions of the Covenant, so that the Government may take these observations
into account in the process of adapting domestic laws to the provisions of the
Covenant.
Category I
55.
Under Category I of the Working Group’s methods of work, deprivation of
liberty is considered arbitrary when it is impossible to invoke any legal
basis justifying the deprivation of liberty.
56.
The Group interviewed several members of the People’s Democratic Party
(Partai Rakyat Demokratik) (PRD) who had been detained without warrant,
without access to lawyers, without being brought before a judge or judicial
officer and without trial or judgment from 12 March 1998 to the end of
April 1998. They were detained in a public area in a Jakarta hospital on
12 March and taken to an unknown location - which they believe to have been
the camp of the special forces command (KOPASSUS) at Cinjantung, Jakarta situated approximately an hour's drive from the place of arrest, where they
were held incommunicado in underground cells.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents