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REGIONAL NEWS BIN’s way of causing political dispute In a working meeting with Commission I in the House of Representatives on 25 May, The National Intelligence Body (Badan Intilejen Negara, BIN) revealed the names of a number of national and international non-governmental organisations (NGOs) that was suspected to threaten security. They named some 20 NGOs, amongst them International Crisis Group (ICG) directed by Mrs. Sidney Jones, and the Organization for Research and Advocacy for Human Rights in Papua (Lembaga Studi Advokasi Hak Asasi Manusia Papua, ELSHAM Papua) Various critical voices and protests emerged. According the chair of the board of KontraS Jakarta, Munir, the statement mentioning that ICG could potentially disrupt the upcoming elections was merely a way for the Head of BIN, Hendropriyono, to be legitimated by the parliament. “I believe that this is a way for a institutionalized repressive organization to cause political dispute, to monitor and control the society”, Munir stated. As pronounced by the Coordinator of KontraS Jakarta, Usman Hamid, if NGOs are thought to violate the law, it is not BIN who should catch them. Further, that is if they can put weight behind their accusation. Based on this, KontraS, Imparsial and PBHI challenged BIN to prove the statement Bin made. Public misinformation KontraS, Imparsial and PBHI views that he information given by BIN to the House of Representatives is evidence that the intelligence unit still is hostile to the political freedoms of citizens expressed in a democratic way. In addition to that, BIN deliberately spread misinformation to the public giving the impression that expression of political freedoms is a threat to security. BIN’s action is outside of its function and authority, and accordingly the President should reprimand it. “Our question is whether Hendropriyono’s acting is based on the policy of the cabinet of Megawati Soekarnoputri”, Hendardi expressed. Should this be the case, Megawati as a presidential candidate has failed to prove that shi is nonmilitaristic. However, should i not be true, the information from BIN could be seen as an effort to torment President Megawati Soekarnoputri. The accusation that report released by civil society organisations will have a negative effect on international opinion is seen as quite naive. The opinions of the Indonesian community as portrayed by media is already showing the dissatisfaction with the government and criticizing the political elite. According to Usman Hamid, the plan to expel Sidney Jones from Indonesia is irresponsible. The support for the plan by members of the House of Representatives might have roots in political parties that feel challenged by campaigns from NGOs.** Ambon is still hot Recently, efforts have been made to stigmatise the Christian population as members of Front for Sovereignty of Maluku (Front Kedaulatan Maluku, FKM) and the South Maluku Republic (Republik Maluku Selatan, RMS). The stigmatisation has even become a political tool, serving the interest of particular groups. The Head of the Working Body of the Maluku Protestant Church, priest IWJ Hendriks, made this statement in Jakarta. According to him attacks, torching, murders, and other actions are based on a belief that all Christians are FKM/RMS members. This generalisation has been commonplace for a long time, and is used for political purposes. For this reason, Hendriks requests the government to publish openly the results of the investigation of the Independent National Investigation Team, indicating who is responsible. This is in accordance with point 6 in the Malino Declaration II of 12 February 2002. In the statement that is signed by Priest IWJ Hendriks as leader, and Priest SJ Mailoa as secretary, it is pointed out that both Christians and Moslems supported the RMS proclamation of 25 April 1950. It is worth to note that at this moment neither all Christians nor all Moslems support it. As for the Maluku Protestant Church at that time, it chose not to be involved. It had already acknowledged the United Republic of Indonesia. When Alex Manuputy in 2000 declared the FKM/RMS, the leaders of the Maluku Protestant Church called the involved, and declared their disagreement with the group. Two Moslem youth organisations, The United Action for Indonesian Moslems (Kesatuan Aksi Mahasiswa Muslim Indonesia, KAMMI) Maluku and the Moslem Students Association (Himpunan Mahasiswa Islam, HMI) Ambon asked all policy holders in the conflict area to react on the security disturbances. They also asked the security forces to reduce language and terminology that can raise emotions, such as terrorist, destroyer or security disturbing movement (gerakan pengacau keamanan, a common term used by Indonesian security forces) Umar Ali Lessy, the head of HMI Ambon branch, added that usage of such language is a sensitive issue, and it is not unlikely that it will hamper the peace efforts that have been built up. No.03/V-VI/2004
SPEECH Socialisation of the Convention Against Torture through Curriculum for Police Education By: Police General (Retire) Drs. Chairuddin Ismail. LLM.* Teacher and Member of the Senate at the Police Academy (Perguruan Tinggi Ilmu Kepolisian, PTIK) in Jakarta Universally, the function of police is to fight crime, maintain law and order, and to protect and serve people. In the same time, the police organization contains two shapes that are different, even often opposite - the strong hand of law and society and the soft hand of law and society. These two shapes must be adjusted to a rhythm in accordance with the conditions that police are facing, in a spectrum on choices that is better off when it is based on individuality and personality. In practise, illegal actions that are coloured by torture are also known of. Amongst other purposes, torture is used to get a statement or a confession from a witness or a suspect. Indeed, police are authorised to use force and violence, including use of fire arms, when it is necessary. However, this must be limited by the boundaries of law. The balance between violence and resistance must be considered. Use of excessive violence is illegal. The illegal violence above can be divided in two categories. berita 7 First, Kontra police brutality s No. 8/Vlll/2003 to avoid disturbance, and violence of police force during raids and arrests of dangerous suspects. Secondly, harassment and torture that are conducted by police against a suspect when he is under police control. Both the first and the second category are illegal and should not be conducted by police or other law enforcing bodies in a democratic country. Socialisation of the Convention Against Torture Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, also known by its abbreviation CAT, was established by resolution 39/46 of the General Assembly on 10 December 1982. CAT stipulates an absolute prohibition of torture, without exceptions. There are no circumstances that make torture lawful, and there are no possibilities to defend in court torture that has taken place. Not even during emergencies that threaten the nation, as mentioned in Article 4 of the International Convention on Civil and Political Rights, can torture be allowed. The ban is also emphasised in the 1949 Geneva Convention and the Additional Protocol of 1977, which forbids torture in all of its forms in circumstances where the mentioned humanitarian instruments are applicable. The CAT established personal responsibility for law enforces who commits torture; order from commanders or extraordinary circumstances cannot justify torture (Article 2 section 2). Further, the convention urges state parties to include the ban of torture in the curriculums for education and training of law enforcers (Article 10 section 1), and to include in regulations and instructions that are related to the implementation of their functions (Article 10 section 2) The substances of the prohibition are actually to a large instance already incorporated in the personnel regulations and instructions for police, and part of the Indonesian Penal Code, and manuals for implementing operations. It is repeatedly stated that personnel must act in accordance with the law and norms in the community. The Kapolri Instruction No.Pol: Ins/06/II/1973, dated 22 February 1973 (before the Indonesian Penal Code) as an example, instructs the head of police to increase and improve the monitoring of arrest, detention, investigation, searches and seizure that are undertaken by police. It is further instructed that commanders should act firmly through legal procedure against all police personnel and other individuals that are involved in incidents of harassment leading to the death or injury of a person in detention. The Ethical Code for Indonesian Police, validated through decision No.Pol : Kap/32/VII/2003 1 July 2003 of the Head of Indonesian Police lays out Ethic of Service for member of the police force, Ethics for the Institution as well Ethics for the Nation, in 20 articles. Amongst them are Article 5 B, which says that members of the police force cannot inflict suffering through misuse of authority and the dependence of the parties that are involved in the case. In addition, members of the police must save the lives of individuals at the first available possibility; act with respect towards everyone and not show arrogant attitude due to their authority. Further, it is compulsory that use of police authority is based on legal norms and in respect of religious norms, politeness, decency, and humanitarian values (Article 6 section 1). The Ethical Code for Police also prohibits members of the police force to: commit an act that humiliates the dignity of women, neglects under aged children or humiliates the dignity of mankind. However, it is empirically showed that in reality police brutality and torture still is committed by the police. There is no getting away with such behaviour. There are disciplinary regulations, administrative regulations, and criminal procedure. Some senior officers have even been dismissed from their positions. Under these circumstances I find it difficult to make a simple conclusion that CAT is not getting any attention or that there is no protection of human rights. No.03/V-VI/2004
Page 2 and 3: Greetings from Borobudur.... Kontra
Page 4 and 5: MAIN REPORTS 13 of Law No. 2 Year 2
Page 6 and 7: BERITA MAIN REPORTS UTAMA Aceh Move
Page 8 and 9: SPEECH The socialisation of CAT in
Page 10 and 11: VICTIM’S VOICE to the police to a
Page 12 and 13: REGIONAL NEWS TWO CONFLICTING LEGIS
Page 16 and 17: SPICES Gwangju Rebellion Between 10
Page 18 and 19: SPICES Indonesia Without Torture Th

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