Legal procedures on TPF report on the murder of Munir
The 2005 report by the Factfinding Team (Tim Pencari Fakta, TPF) on the murder of human rights defender Munir Said Thalib in 2004 has to be published by the Indonesian goverment. This was the judgment in October 2016 by the Public Information Commission, an independent body deciding on the transparency of governmental information. The State Secretariat that is responsible for the Presidential procedures quickly announced the TPF report had got lost since 2005. The report is supposed to contain information that can be considered as new evidence, sufficient to re-open the investigation and eventual prosecution of the alleged perpetrators of the murder of Munir on 6 September 2004.
KIP tells govt to reveal Munir report after 12 years in darkness
The Jakarta Post, 10-10-2016
The Public Information Commission (KIP) ended the state’s 12-year silence on the murder of prominent human rights defender Munir Said Thalib on Monday by ordering the government to officially reveal the investigative findings of a fact-finding team into the case. The KIP stipulated that all the findings the team had submitted to the government in 2005 were public information. Thus the government is obliged to disclose everything to the public. The government is also obliged to explain why the fact-finding team’s report secret has been kept secret for years. The KIP specifically delivered its ruling to the State Secretariat as it was in charge of the government’s administrative paperwork, including any documents sent to the president.
“The State Secretariat must disclose all requested information through any means of communication it utilizes, either electronically or non-electronically,” KIP commissioner Evy Trisulo Dianasari said when reading out the ruling. This ruling was made in response to a public information request jointly filed by Munir’s widow Suciwati, the Commission for Missing Persons and Victims of Violence (Kontras) and the Jakarta Legal Aid Institute (LBH Jakarta) in April 2016.
The Indonesian government has appealed against the KIP decision at the Administrative Court of Jakarta (PTUN). The government has won this appeal on 16 february 2017. See: https://news.detik.com/berita/d-3424413/ptun-batalkan-putusan-kip-soal-munir-kontras-ajukan-kasasi. Kontras has appealed to the Supreme Court.
IPT 1965 Verdict published
In a strong voice Judge Zak Yacoob spoke the words so many victims of the 1965 tragedy had been waiting for, for so long. The Verdict of the International People's Tribunal 1965 (IPT 1965) considers the State of Indonesia responsible for crimes against humanity committed in the period 1965/1966 and the years after. These crimes include killings, enslavement, imprisonment, torture, sexual violence, persecution, enforced disappearances and hate propaganda. The Verdict also considers foreign states, specifically USA, UK and Australia complicit of these crimes. The verdict notes that possibly those crimes can also be considered to fall within the definition of genocide. The report is available at: http://ultimus-online.com/index.php/toko-buku/terbitan-ultimus/product/160-final-report-ipt-1965.
New verdicts and study on Dutch 1945-1949 responsibility
On 27 January 2016 the (local) court of justice in The Hague has issued three verdicts related to (so-called) “misbehaviour” by Dutch soldiers during the independence war (1945-1949). The state is held accountable for a case of the rape of an 18-year old girl who was raped by five Dutch soldiers in Peniwen (East Java) in 1949, and was ordered to offer a compensation of € 7500 to the woman.
In the autumn of 2016 the historical PhD-study by Rémy Limpach, entitled "De Brandende Kampongs van Generaal Spoor" was published in Dutch. The Dutch government decided to commission an independent study by three institutes into the human rights abuses during the Independence War (1945-1949).
Another verdict is related to extrajudicial executions in South Sulawesi in 1946 and 1947, whereby Robert Cribb was appointed as an external expert to investigate these executions. The court also orders the state to open the national archive for this investigation and to bring forward its own investigations.
A third verdict relates to torture of a man who was taken prisoner in 1947. The state of The Netherlands is ordered to clarify why it can denounce the facts and to come forward with its own investigation results on the case.
Early 2017 the Dutch paper NRCHandelsblad disclosed a procedure in 1953 by the widow of an Indonesian citizen who had been extrajudicially executed in 1948 in Kaliurang (Central Java). The widow, originally Dutch, was awarded a compensation of nearly 150,000 Dutch guilders. The victim, Masdoelhak Nasoetion was an advisor to then President Soekarno.