|
|
Support HRW |
|
|
Human Rights Watch calls on the Government of Indonesia:
* to uphold its international obligations to respect freedom of speech, of the press, of assembly, of association, and of peaceful demonstration, and to cease arrests, harassment, and arbitrary detention of individuals based on their political views.
* to amend or repeal all articles of the Criminal Code which have been used to imprison individuals for their legitimate peaceful activities, including the provisions of the old subversion law which have been retained in the revised code, and so-called "hate-sowing" articles, all of which remain in force. The Latter include: Article 154, "...the public expression of feelings of hostility, hatred or contempt toward the government;" Article 155, prohibiting the expression of such feelings or views through the public media; Article 160, prescribing the "incitement" of others to disobey a government order or to break the law; Article 134, prohibiting "insulting the President;" and Article 137 providing criminal penalties for anyone who "disseminates, demonstrates openly or puts up a writing or portrait containing an insult against the President or Vice President."
* to repeal or amend article 106 of the Indonesian Criminal Code, outlawing "rebellion," to bring it into accordance with international standards. As currently exists, the law allows for prosecution of those engaged in peaceful advocacy of independence.
* to ensure that any legislation relating to the holding of demonstrations does not restrict the peaceful exercise of freedom of expression and assembly. In October 1998, a new law on "Freedom of Expression in Public Places" was passed. The law states that three days' notice should be given to the police of demonstrations, rallies, large gatherings and public speeches. The law, widely criticised by human rights and political activists, requires that the police be informed of the purpose of the event and the names and addresses of the organisers. Papuan activists claim that the law has been selectively applied in ways that have violated the right to peaceful assembly.
* to adhere at all times to international standards governing the policing of civilian protest:
- Peaceful, lawful assemblies should not be disturbed;
- Officials should at all times act in accordance with the United Nations' Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, including its requirements that all law enforcement officials exerciserestraint in the use of force and act in proportion to the nature of the threat they face, "minimize damage and injury and respect and preserve human life," and use firearms only when less dangerous means are not practicable.
* to treat all individuals arrested or detained during protest rallies in accordance with internationally recognized standards of criminal justice:
- Under no circumstances should individuals be arrested for exercise of their rights to free expression, association and assembly;
- Individuals arrested for suspected participation in violent acts should be informed immediately of the charges against them, and be presumed innocent unless and until proven guilty according to law in a public trial with all guarantees necessary for their defense;
- No individuals arrested or detained should be subjected to battery;
- All claims of use of excessive force by security forces against protesters and other civilians should be subject to full and impartial investigation by an independent body, and those found responsible should be prosecuted to the full extent of the law.