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ETAN, Amnesty International, Tapol and Watch Indonesia:
Truth-Seeking and Formal Public Apology Essential for
1965/1966 Resolution
Luhut Panjaitan
Coordinating Minister for Politics, Law and Security Affairs
Jl. Medan Merdeka Barat No. 15
Jakarta Pusat 10110
Indonesia
29 April 2016
Dear
Minister,
TRUTH-SEEKING AND FORMAL PUBLIC APOLOGY ESSENTIAL FOR 1965/1966
RESOLUTION
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Indonesia symposium Examining the 1965 Tragedy: A Historical
Approach' Photo by AJAR. |
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Amnesty International, ETAN (East Timor and
Indonesia Action Network), TAPOL and Watch Indonesia! are
writing to urge you to take the important steps necessary to ensure that
the national symposium on the 1965 tragedy, held in Jakarta on 18 and 19
April, leads to justice, truth and reparation for victims.
This initiative must be followed with a full
investigation into human rights violations committed between 1965 and
1966. This is to not only establish the truth of what happened but also,
where sufficient admissible evidence exists, ensure that those suspected
of committing crimes are prosecuted. Further, the authorities must also
ensure that victims and their relatives are provided with full and
effective reparation. A formal public apology, including acknowledgement
of the facts and acceptance of state responsibility, must not be ruled
out.
The symposium, 'Examining
the 1965 Tragedy: A Historical Approach'
(Membedah Tragedi 1965: Pendekatan
Kesejarahan),
brought together survivors,
scholars, human-rights activists, artists, members of the Indonesian
military and government officials to give testimony about the events
that happened across Indonesia following an abortive coup in
September 1965. These crimes, which have been documented by human rights
organisations, include: unlawful killings, torture, enforced
disappearances, rape sexual slavery and other crimes of sexual violence,
slavery, arbitrary arrest and detention, forced displacement and forced
labour. Many victims and their families faced violations of their
social, economic and cultural rights, and continue to experience
discrimination in both the law and in practice. There have been many
instances where internal meetings or public events about the 1965-1966
violations held by victims or human rights NGOs, especially around the
50th anniversary in 2015, were disbanded or harassed by
vigilante groups while police failed to intervene.
A three-year
investigation into the violations was carried out by the National Human
Rights Commission (Komnas HAM) and completed in July 2012. The
Commission found evidence of widespread human rights violations
committed across the country between 1965 and 1966, and that violations
continued at a lower level well into the late 1970s. According to the
Commission, these findings meet the criteria of gross human rights
violations, and include crimes against humanity, as defined by the
Indonesian Law No. 26/2000 on Human Rights Courts. To date, however,
there has been no indication that the Attorney General will even launch
an investigation. Meanwhile attempts to establish a truth commission on
the national level have stalled due to a lack of political will.
A number of key
recommendations were highlighted in the concluding comments delivered
directly at the symposium to move the process forward. Some of these
calls echo those made over decades by many human rights groups calling
for an end to impunity for the appalling human rights violations
committed across Indonesia between 1965 and 1966 including: the need to
recognise state involvement and its role in the events; the need to
provide right to truth, justice and reparation victims and their
families; an end to the stigmatisation of survivors and the
discriminatory laws and practices that prevent them enjoying full
citizenship; and a call to authorities to end all forms of restrictions
against the right to freedom of expression and assembly for any public
discussion of the events.
The symposium will serve as a useful step towards
ending impunity for human rights violations committed by the Indonesian
security forces against suspected members and sympathisers of the
Indonesian Communist Party (PKI)
between 1965 and1966.
Our
organizations reiterate that the government's commitment to establish a
non-judicial mechanism to resolve past human rights cases, does not
change Indonesia's obligations under international law to investigate
and, if sufficient admissible evidence exists, prosecute those suspected
of human rights violations and crimes under international law in fair
trials without recourse to the death penalty. Furthermore, this
mechanism does not replace the government's obligations to provide
rights with an effective remedy including the truth and full and
effective reparation to address the harm they have suffered.
RECOMMENDATIONS:
Amnesty
International, ETAN, TAPOL and Watch Indonesia! call on the Indonesian
government to undertake the following steps as a matter of priority:
-
Take steps to ensure that the Indonesian authorities fulfil their
obligations to provide the victims of 1965 rights with access to
truth, justice and reparationsand include a full investigation into human rights violations
committed between 1965 and 1966 to establish the truth and, where
sufficient admissible evidence exists, ensure that those suspected
of committing crimes including those with command responsibility,
are prosecuted in civilian courts in proceedings which meet
international fair trial standards, without recourse to the death
penalty;
-
Issue formal public apology, including acknowledgement of the facts
and acceptance of responsibility;
-
Ensure that all forms of restrictions
against public discussions on 1965 are lifted and ensure that the
government starts listening to victims and others, instead of
supressing their voices.
Please do not hesitate to
contact us if you have any questions. We would be pleased to discuss
this matter with you.
Yours sincerely,
Rafendi Djamin (Director for Southeast Asia
Pacific Regional Office of Amnesty International)
John Miller
(National Coordinator of ETAN)
TAPOL
Alex Flor (Watch
Indonesia!)
cc:
Sidarto Danusubroto The Presidential
Advisory Council
Agus Widjojo Governor of the National
Resilience Institute (Lemhanas)
M. Imdadun Rahmat Chairperson
of the National Commission of Human Rights (Komnas HAM)
see also
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