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Further information on UA 408/91 (ASA 21/26/91, 22 November) - Indonesia / East Timor: legal concern / fear of torture: Metodio Muniz, Antonio Lopez, Felipe da Silva, Joao Sarmento, Fausto Berhading, Joao Travolta, Agapito Cardoso, Gregorio de Araujo, Jos

, رقم الوثيقة: ASA 21/028/1991

EXTERNAL (for general distribution) AI Index: ASA 21/28/91
Distr: UA/SC
29 November 1991
Further information on UA 408/91 (ASA 21/26/91, 22 November 1991) - Legal
Concern/Fear of Torture
INDONESIA/EAST TIMOR:
The following list of names supercedes the list provided in the original Urgent
Action.
Jakarta: Yogyakarta:
Metodio Muniz nine students, including:
Antonio Lopez Jose Luis*
Felipe da Silva Elidio (Epidio)*
Joao Sarmento Diometrio
Fausto Berhading Rogerio
Joao Travolta Flavio
Agapito Cardoso* Pedrito
Gregorio de Araujo
Jose Maria Belo Bandung:
Avelino Maria
Mario Canecas nine students, including:
Egas Q Monteiro Agus Jaya (Ajay)
Franciso Vasco Ramos Asep
Joselius de Oliveira Novi
Sergio Dias Q Daniel
Joao Freitas Camara Nurdin
Benevides C Barrol Pius
Domingos Barreto
Judio da Costa
Virgilio
Antonio Soares
Elder de Oliveira
Denpasar:
Jose Pompeia Saldanha Ribeiro*
Fernando de Araujo*
Clemente Soares
Antonio Matos*
More than 90 students and young people, most of them East Timorese, have been
detained in various Indonesian cities during the last two weeks in connection
with their political and human rights activities. At least 25, and possibly
many more, remain in custody and some are being held in incommunicado detention.
A number of Jakarta-based human rights activists have also been questioned
by military intelligence agents. The arrests have followed an incident at a
cemetery in Dili, East Timor, on 12 November 1991, in which an estimated 100
people were shot dead by Indonesian soldiers.
Amnesty International believes that some or all of those detained may
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be prisoners of conscience. It further believes that the arrests may be intended
to prevent the dissemination of information about the massacre and its
aftermath, and to disrupt non-violent protests against Indonesian rule in East
Timor. It is calling for the immediate release of anyone held solely for their
non-violent political beliefs or activities. It is also urging the Indonesian
authorities to grant immediate access to those in detention to their lawyers
and relatives, in accordance with the Indonesian Code of Criminal Procedure
(KUHAP) and international law.
Among those arrested are at least six students (indicated by an asterisk
*) who had been under surveillance by Indonesian military intelligence because
of their alleged involvement in monitoring and disseminating information abroad
about human rights and political developments. They were among 20 students
named in a secret military intelligence document which described the human
rights related and political activities of East Timorese student activists
in various Indonesian cities. None of the activities described in the document
was unlawful and none involved the use or advocacy of violence. In its statement
to the United Nations Special Committee on Decolonization in August 1991,
Amnesty International expressed concern that those named in the military
document "may be in danger of detention on account of their non-violent
activities." (See ASA 21/14/91)
Twenty-one students held at the Metropolitan Jakarta Police Station
(listed above) were among a group of 70 people arrested on 19 November 1991
during a peaceful demonstration against the killings at the Santa Cruz cemetery
in Dili one week earlier (See East Timor: The Santa Cruz Massacre, AI Index:
ASA 21/23/91, 14 November 1991 and East Timor: After the Massacre, AI Index:
ASA 21/24/91, 21 November 1991). The Commander of the Armed Forces said on
27 November that these 21 were "still under investigation". They may still
be charged with "expressing feelings of hostility, hatred or contempt" toward
the Indonesian Government, under Articles 154 and 155 of the Indonesian Criminal
Code (KUHP). Forty-nine others were released on 26 November after being held
for one week in incommunicado detention.
In a statement to the press on 20 November, the commander of the Greater
Jakarta Military Command (KODAM JAYA), admitted that the 19 November
demonstration had been "a small thing, of no great significance", and that
none of the demonstrators had been carrying weapons of any sort. However, he
said that the students had been "sponsored" by three people who were "hostile
to the nation and to the government" and who "received funds from abroad to
stir up trouble...". He went on to say: "I could not tolerate this so I ordered
the arrest of the sponsors."
The same day, three human rights activists were called in for questioning
by military intelligence authorities in Jakarta (BAKORSTANASDA). Haji Ponke
Princen, Director of the Institute for the Defence of Human Rights (LPHAM)
and Indro Tjahjono of the human rights organization "Infight" have since then
been required to report daily to the military authorities for questioning.
The third, Yopie Lasut of the New Life Prison Fellowship (Hidup Baru), is
believed to have gone into hiding. Haji Princen was one of a group of human
rights activists and lawyers who had planned to travel to Dili in order to
conduct independent investigations into the Santa Cruz incident.
A team of human rights lawyers and advocates, led by the Legal Aid
Institute (LBH), tried to visit the detainees on 22 November but were told
that they could not do so until the police had completed their interrogation.
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When the team returned on 26 November, they were again denied permission to
meet the students alone in their cells. They were allowed to meet one student,
Joao Freitas Camara, who was being held separately in the Intelligence section
of the police station, but they were accompanied by two police officers. They
met two others in the office of a police Major shortly before they were to
be released.
Six East Timorese students were arrested in Denpasar, Bali, on 23 November
and held at police headquarters (POLDA NUSRA), in connection with their
political and human rights activities. Jose Paulo da Silva and Joaquim da Costa
Freitas* were released at 11 pm on 25 November but the four others remained
in custody as of 28 November. According to reports, one of the students, Clemente
Soares, was punched by police while being interrogated, but the others have
not been ill-treated.
Nine students were reportedly arrested in the city of Yogyakarta on or
about 23 November 1991. According to unconfirmed reports, nine more students
were detained by Indonesian security forces on 20 November 1991, during a
demonstration about East Timor on the campus of Parahyangan University in
Bandung. Amnesty International has not been able to confirm or to obtain further
details about the arrests in Yogyakarta and Bandung.
FURTHER RECOMMENDED ACTION: Telegrams/telexes/faxes/express and airmail
letters:
- expressing concern that 21 East Timorese students remain in custody in
the Metropolitan Jakarta Police Station after being arrested at a
peaceful demonstration on 19 November 1991;
- expressing concern that police authorities have denied lawyers access to
the detainees in contravention of the Indonesian Code of Criminal
Procedure and international law;
- expressing concern about the reported detention of dozens of other
students in Denpasar, Yogyakarta and Bandung, for their alleged political
or human rights related activities;
- expressing concern that the students may be charged under legislation
which appears to contravene international human rights law guaranteeing
freedom of expression and opinion;
- calling on the government to release all those detained solely for the
peaceful expression of their political views or activities.
APPEALS TO:
1. Minister of Justice:
Let. Ismail Saleh Your Excellency
Jalan Rasuna Said, Kav 6-7
Kuningan, Jakarta Selatan, Indonesia
Telegrams: Justice Minister, Jakarta, Indonesia
Telexes: 44404 DITJENIM IA
Faxes: + 62 21 32 1625
2. Chief of the National Police:
General Kunarto Dear General
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Kepala Kepolisian RI
Markas Besar Kepolisian RI Jl. Trunojoyo 13
Kebayoran Baru, Jakarta Selatan, Indonesia
Telegrams: General Kunarto, Kepala Kepolisian RI, Jakarta, Indonesia
3. Personal Secretary to Jakarta Chief of Police:
Sespri Kapolda Jaya Dear Letkol Tryono S.
Letkol Tryono S.
Markus Besar Kepolisian Jaya
Jakarta, Indonesia
Telegrams: Sespri Kapolda Jaya, Kepala Kepolisian RI, Jakarta, Indonesia
4. Director General of Corrections:
Prof Dr Baharuddin Lopa Dear Sir
Department of Justice
Jl. Veteran No. 11, Jakarta Pusat, Indonesia
Telegrams: Director General of Corrections, Justice Department, Jakarta,
Indonesia
Faxes: + 62 21 32 1625
COPIES TO:
Yayasan Lembaga Bantuan Hukum Indonesia (Indonesian Legal Aid Foundation)
Jl. Diponegoro 74
Jakarta 10320, Indonesia
Jakarta Post (newspaper)
PO Box 85
Jakarta 11001, Indonesia
Faxes: + 62 21 549 2685
and to diplomatic representatives of Indonesia in your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 10 January 1992.

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