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AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

Date: 25 April 1997
Case Number:in9554_bin
Victim:Sri Bintang Pamungkas
Country:Indonesia
Subject:Economist detained under anti-subversion law
Issues:Freedom of association and assembly; Freedom of opinion and expression
Type of alert: Update

FACTS OF THE CASE:

Sri Bintang Pamungkas, an economist, former member of Indonesia's Parliament, and a leading opponent of the Suharto regime was arrested on 5 March 1997 under the country's Anti-Subversion Law. The charges stem from greeting cards distributed by Sri Bintang during the Muslim celebration of Idul Fitri outlining the three-point agenda of the United Democratic Party of Indonesia (Partai Uni Demokrasi Indonesia [PUDI]). The agenda urges citizens to boycott the May 1997 parliamentary elections, oppose the re-election of President Suharto in 1998, and prepare for a new post-Suharto political order. Under the subversion charges, Sri Bintang, who is a prisoner of conscience, may be detained for one year without trial and could face the death penalty.

Sri Bintang has been an outspoken critic of the Suharto government since his forced resignation from office for challenging the president's re-election and for forming the PUDI in May 1996. Government restrictions allow for only three government-approved political parties. In 1996, Sri Bintang was tried under Article 134 of Indonesia's Criminal Code for criticizing President Suharto while presenting a lecture in Berlin and was sentenced to two years and ten months in prison. He had not been detained for these charges pending a decision on his request for an appeal, but was denied the right to travel outside of Indonesia.

Since 1963, the Anti-Subversion Law, which Indonesia's own National Commission for Human Rights demanded be repealed, has been used to detain or execute people for the peaceful exercise of the rights to freedom of expression and association. Moreover, once arrested and detained, due to a lack of regulations protecting detainees' rights, individuals are at risk of torture, unfair trial, "disappearance," and extra-judicial execution.

Sri Bintang's arrest and detention constitute serious violations of international human rights standards, including those enumerated in the Universal Declaration of Human Rights, which include the right to be free from arbitrary arrest and detention (Article 3 and 9); the right to freedom of expression (Article 19); the right to freedom of association (Article 20); and the right to take part in the government of one's country, either directly or through freely chosen representatives (Article 21).

(Source of information on this case includes "Democrat Faces Death Penalty", The Sydney Morning Herald, 7 March 1997 and March 1997 Amnesty International brief [AI Index: ASA 21/11/97

RECOMMENDED ACTION:

Please send telexes, faxes, and airmail letters:

  • demanding the immediate and unconditional release of Sri Bintang Pamungkas;
  • expressing concern about Sri Bintang's detention under the Anti-Subversion Law, which Indonesia's National Commission for Human Rights has recommended for repeal; and
  • urging the Indonesian government to uphold its international legal obligations under the Universal Declaration on Human Rights, including the right to freedom of expression and the right to free association.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

    Agung Singgih S.H.
    Attorney General
    Jaksa Agung
    J1. Sultan Hasanuddin No. 1
    Kebayoran Baru
    Jakarta Selatan
    INDONESIA
    fax: 6221-720-8557

    Haji Utoyo Usman S.H.
    Minister of Justice
    Menteri Kehakiman
    J1. HR Rasuna Said Kav 6-7
    Kuningan
    Jakarta Selatan
    INDONESIA
    fax: 6221-525-3095

COPIES SENT TO:

    Indonesian National Commission on Human Rights
    Komisi Nasional Hak Asazi Manusia (Komnas HAM)
    J1. Permuda No. 104
    Jakarta
    INDONESIA

    The Jakarta Post
    fax: 6221-549-2685

    Kompas
    fax: 6221-548-6085

    Merdeka
    fax: 6221-555-6063


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