Even under the authoritarian government of President Soeharto it was rare for lawyers to be prosecuted for statements made in defense of their clients. Such charges violate Indonesian law and international human rights standards.

Please call on prosecutors and police to drop this complaint and end the climate of threats and intimidation surrounding this and subsequent trials.

Background

On March 15 and 16, 2006, demonstrators blocked the road in front of Cendrawasih University in the town of Abepura, outside the provincial capitol of Jayapura. Protestors demanded that operations of the U.S.-based mining giant Freeport MacMoRan cease and that military units be pulled from the mining area. When security forces tried to clear the area by shooting in the air and releasing tear gas, the crowd began throwing rocks and other objects, and four policemen and a member of air force intelligence were killed.

Police moved quickly to round up suspects, detaining at least 73 people and reportedly firing weapons into the air randomly. One group of 16 men was soon charged based on alleged actions that include provocation of unrest, resisting security forces, throwing rocks and bottles, and stealing tear gas. A second group of seven was subsequently charged, as well.

Court proceedings for the 16 defendants began on May 17 at the Jayapura District Court. From the beginning defense lawyers complained about an intimidating police presence, with platoons of the notorious mobile brigade and anti-riot police controlling access to the building and numerous armed officers inside the courtroom.

The defendants were subjected to intimidation and violence. On the first day of the trial defense lawyers reported observing police beating three of their clients in the court detention facilities. On August 28 convicted defendant Nelson Rumbiak was beaten by dozens of police just outside the prison after returning from testifying about police abuse in the trial of seven defendants.

The defense team also received threats. The day before the prosecutor filed defamation charges, one lawyer received a text message that read: “You and your family will not see the sun because you have become trouble-makers.  The devil waits for you and your family.”  

Vaguely worded “rubber clauses” in the Indonesian Criminal Code were used extensively during the Soeharto regime to imprison critics of the authoritarian government. Even after Soeharto stepped down in 1998 they remain in use, and government officials and private citizens are increasingly using defamation clauses to threaten journalists and other critics with prison time. However, even under the Soeharto regime it was rare for lawyers to be targeted for statements made in defense of their clients. A law passed after the democratic transition specifically protects lawyers from such prosecutions. Section 16 of the Advocates’ Law (Law No. 18 of 2003) states that lawyers cannot face legal action – whether civil or criminal – for carrying out their professional activities in good faith while defending their clients in court.

Sample Letter

Abdulrahman Saleh, S.H.
Attorney General's Office
Jl. Hasanudin
Jakarta Selatan

Dear Attorney General Saleh:

I am writing to express my concern over the decision of the Jayapura prosecutor's office to file a complaint with the Papua provincial police against a team of defense lawyers on September 1. The defense team is representing defendants charged in connection with protests in the Papuan town of Abepura in March 2006. The complaint accuses the lawyers of violating sections 335 (making threats) and 311 (defamation) of the Criminal Code. The charges are based on the team’s defense document, or eksepsi, which was read in the Jayapura District Court on July 12, 2006.

The document was part of a trial that has since concluded with convictions of all 16 defendants, who have appealed the decision. The defense team consists of Johnson Panjaitan, Ecoline Situmorang, Henry David Oliver Sitorus, Aloysius Renwarin, Frederika Korain, Selfi Sanggenafa, Yustina Haluk, and Adolf Waramori. These lawyers all work for respected human rights organizations, including: PBHI, ELSHAM, SKP Jayapura, and LP3AP.

Bringing charges of criminal defamation against lawyers for comments made in the course of a trial violates international standards set out to guide governments and to ensure that lawyers can properly function within a strong justice system. Article 20 of the United Nations Basic Principles on the Role of Lawyers, adopted in 1990, states: “Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.” Lawyers in Indonesia are also protected under Law No. 18 of 2003.

Bringing charges against lawyers for statements made during their professional appearances before a court may also constitute violations of the right to freedom of expression and the right to a fair trial, which are protected under Articles 19 and 14 respectively of the International Convention on Civil and Political Rights, which Indonesia ratified last year.

The defense team has reported receiving threats, and several defendants in the same trial were beaten by police at the courthouse and at the Jayapura prison. It is important that those responsible for the deaths of the four policemen and one airman are identified and prosecuted. However, the climate of violence and intimidation against the defendants and their legal counsel calls into question the fairness of the legal proceedings in this case.

I urge you to drop all charges against the defense lawyers for carrying out their legal duties to their clients, and to ensure a climate free from violence and intimidation during the appeals process and trial of any other defendants.