Head of Indonesian Intelligence Agency Targets Human Rights Advocates

Alert Issued: October 13, 2004

Indonesian human rights defender Hendardi is being sued by the director of the State Intelligence Agency for more than 1 million dollars and could have his house seized as a result. This lawsuit comes on the heels of comments by the intelligence chief identifying 20 nongovernmental organizations as security threats in the run-up to the presidential election.

Last July one of Indonesia’s foremost human rights lawyers, Hendardi, told the press that the State Intelligence Agency (Badan Intelijen Negara, or BIN) was preoccupied with harassing government critics instead of chasing terrorists. He urged the president to fire BIN’s director, Lt. General (ret.) A.M. Hendropriyono, who then promptly filed a libel suit for 1.1 million dollars, demanding that Hendardi’s house be seized as a guarantee against possible damages.

Similar libel suits by military, civilian, and intelligence officials have been filed in Jakarta, and in the provinces of Papua, and East Nusa Tenggara, in an attempt to silence criticism of public officials. Government officials should not use their agencies or the courts as tools in a personal vendetta against activists exercising their freedom of expression.

Background

The political context

Indonesia faces a real and serious threat from a regional network of terrorists, some of whom are thought to be linked to al-Qaeda. The police have been praised for their investigative work, particularly after the 2002 Bali bombing, and there is undoubtedly a need for an effective intelligence network to identify attacks before they occur. However, critics charge that intelligence and military officials have used the terrorist bombings as justification for strengthening their power. The specter of terrorism has also been used to target human rights defenders, who report an increase in intimidation and attacks in recent years. In May 2004 Hendropriyono told the House of Representatives that 20 local and foreign NGOs were a threat to security in the run-up to the July 5 presidential elections. He warned that the country might need to return to “old measures” against people who “sell out their country.” Soon after Sidney Jones, a leading Indonesia analyst and regional director of the International Crisis Group, was forced to leave country. Hendardi was referring to this incident in his criticism of Hendropriyono.

The use of legal proceedings to silence opposition has become a common form of repression in the region, most prominently in Singapore and Malaysia, and there is reason to worry about this growing trend in Indonesia. A prominent environmentalist named Indro Cahyono, who made comments critical of BIN on Dutch radio, found men measuring his house one day for a kind of lien (hak sita) requested by another suit filed by Hendropriyono. Libel suits have also been filed against human rights and anti-corruption activists in the provinces of Papua and East Nusa Tenggara. In Jakarta, a criminal defamation suit was recently decided against three journalists for their criticism of an influential businessman, and the Megawati administration has revived the use of Soeharto-era criminal statutes that threaten freedom of expression.

A new president takes power on October 20. During his campaign President-elect Yudhoyono made several positive statements regarding human rights. However it will be his actions over the next few months that determine if his administration is truly committed to respecting the rights that Indonesians have fought so hard for.

The Lawsuit

The civil suit, filed on August 13, 2004 at the South Jakarta District Court, cites section 1365 of the Civil Code which states: “Every act contrary to law, which brings harm to another person, obligates the person whose act produced that loss to compensate for said loss.” The very first line of the suit identifies the plaintiff as “A.M. Hendropriyono, as Head of the State Intelligence Agency of the Republic of Indonesia.” There is concern that Hendropriyono may be using his official position to intimidate the defendants and possibly influence the court proceedings.

The suit cites a number of public statements by Hendardi, including calls for the intelligence chief to be fired for incompetence. It also singles out Hendardi’s claim that BIN is targeting members of civil society instead of terrorists: “Thus the demonstrated capacity is still in the area of spying on, investigating, [issuing] negative propaganda and opposing citizens or groups such as NGOs, students, social organizations, and critics of Indonesia . . .”

In addition to the million dollars in damages, the suit cites a provision in the civil code and demands that Hendardi publish an apology in Indonesian and English newspapers. The apology must include the words, “This apology was made genuinely and on my own initiative without compulsion from any party whatsoever.”

At the time of his statement, Hendardi was head of a respected human rights organization called PBHI (Perhimpunan Bantuan Hukum dan Hak Azasi Manusia Indonesia, or Indonesian Legal Aid and Human Rights Association). PBHI, representing Hendardi, has defended his freedom of opinion as protected in the constitution and international standards, further arguing that it was normal for citizens to demand satisfactory work of public servants in uncertain times marked by frequent bombings.

Hendropriyono

Hendropriyono has been intelligence chief since 2001, after a long career in the military. As a colonel, his role in a 1987 massacre of villagers earned him the nickname “the Butcher of Lampung.” As Minister for Transmigration and Resettlement he is thought to have played an important role in funding and organizing both the East Timorese militias and the forced population transfer into West Timor after the 1999 referendum.

The BIN website states: “BIN’s intelligence collection and analysis mandate has not changed in a significant manner since 1998. That said, political reforms in Indonesia have made it paramount that all government bodies act in a responsible and open manner.” While it is somewhat surprising that neither the enormous political transformation of the last six years nor the rise of terrorism has changed BIN’s mandate, the agency should nonetheless be held to its pledge to act responsibly and transparently.

Hendropriyono has cabinet minister rank and answers directly to the president. The outgoing administration of Megawati Sukarnoputri and the incoming administration of Susilo Bambang Yudhoyono should take steps to curtail the use of courts to harass defenders, by issuing guidelines for executive branch staff and by strengthening the judiciary. If no action is taken, the practice may take root and threaten both the independence of the judiciary and the ability of human rights defenders to carry out their work.