AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

On 30 December 2002, an Indonesian court found Joy Lee Sadler, a U.S. nurse, and Lesley McCulloch, a British academic based in Australia, to be in violation of the terms of their travel visas and sentenced Sadler to four months and McCulloch to five months in jail. Both women were arrested on 11 September 2002 for violating the terms of their visas by visiting a rebel group in Aceh province. Both women deny the charges. Dr. McCulloch has stated that she was in Aceh on a personal vacation and was not doing any work. Sadler, who is a registered nurse from Waterloo, Iowa, said that she was traveling with Dr. McCulloch and that both women intended to go to a nearby island resort. When they could not find a boat to transport them, they visited a nearby refugee camp and Sadler treated some of the wounded refugees there.

When they were stopped at an army checkpoint this past September, the two women refused to allow officials to search their belongings. However, the guards insisted and found several documents about the Aceh conflict saved on Dr. McCulloch's laptop computer. Dr. McColloch is a lecturer at the University of Tasmania who has written extensively about human rights violations in Indonesia and the 26-year struggle for independence that has claimed more than 10,000 lives. The two women were arrested and both claim to have been mistreated, including being beaten and sexually harassed by military officials.

Prosecutors delayed the case by several weeks, apparently to further investigate evidence to support charges of espionage. The government finally chose not to pursue the espionage charges, but to charge the women with violating their visas, which carries a maximum penalty of five years in jail or a fine of 25 million rupiah (about $5000 USD). The trial began on 25 November 2002, but adjourned for a day to allow witnesses to travel to the provincial capital, Banda Aceh, where the trial is being held. When the trial resumed on 27 November, the judge granted the prosecution's request to postpone the trial for three weeks. On 1 December 2002, Joy Lee Sadler started a hunger strike to protest the delay. Sadler suffers from an HIV-related illness and the hunger strike has taken an extreme toll on her already fragile health.

Visa violations in Indonesia usually result in the deportation of the offender. According to one source, academics regularly travel to Indonesia on tourist visas to conduct research; imposing the maximum fine or holding trials is quite unusual. International human rights groups believe that the harsh treatment and sentence is in response to Dr. McCulloch's human rights activism. Speaking from her jail cell, Dr. McCulloch stated, "I know that the judge was under pressure from the military to make me pay for some past misdeeds by exposing some of the military and police corruption that's been going on, then relating it to the human rights abuses here." She believes her arrest is supposed to serve as a warning to other academics and human rights activists that their human rights reporting will not be tolerated by the government.

With time already served, Joy Lee Sadler is scheduled to be released in January and Lesley McCulloch will be released in February.

(Sources of information for this case include: Physicians for Human Rights-USA, Indonesia Network, The Age (Melbourne), Associated Press, and Deutsche Presse-Agentur.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Universal Declaration of Human Rights

• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 20(1): Everyone has the right to freedom of peaceful assembly and association.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing concern about the arrest and sentencing of Dr. Lesley McCulloch and Joy Lee Sadler, as it appears that the two women are being targeted for exercising their international human rights of freedom of expression and association;
• Expressing serious concern about the reports that Dr. McCulloch and Ms. Sadler were mistreated while in detention; and
• Requesting that Indonesia make all efforts to uphold the provisions of the Universal Declaration of Human Rights, which provides for freedom of expression and association.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

President Megawati Sukarnoputri
President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110
INDONESIA
Fax: 011 62 21 345 2685 (or 345 8726 or 345 7782)
Salutation: Dear President Megawati:

COPIES SENT TO:

Ambassador Soemadi Djoko M. Brotodiningrat
Embassy of the Republic of Indonesia
2020 Massachusetts Ave. NW
Washington DC 20036
Fax: 1 202 775 5365
Salutation: Dear Mr. Ambassador:

Indonesia Network
kurt@indonesianetwork.org

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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