Paris-Geneva,
November 17, 2023 – Indonesia’s Public Prosecutor has requested
prison sentences of up to four years with the aim to silence human
rights defenders Fatia
Maulidiyanti and Haris Azhar. The Observatory calls on the Indonesian
authorities to immediately dismiss the case against Ms Maulidiyanti
and Mr Azhar and to put an end to the judicial harassment against
them and all human rights defenders in the country.
On
November 13, 2023, during a hearing at the East Jakarta District
Court, the Public Prosecutor requested Fatia
Maulidiyanti,
current Coordinator of the Commission for the Disappeared and Victims
of Violence (KontraS), FIDH Vice-President, and OMCT General Assembly
member, be sentenced to three years and six months in prison and a
fine of 500,000 Rupiah (30 Euros), and Haris
Azhar,
Executive Director of Lokataru, be sentenced to four years in prison
and a fine of one million Rupiah (60 Euros).
The
Observatory recalls that a defamation case against Fatia Maulidiyanti
and Haris Azhar was initiated
in August 2021, after Indonesia’s Coordinating Minister for
Maritime and Investment Affairs, and retired army general, Luhut
Binsar Pandjaitan, sent them a subpoena in relation to a talk show
video posted on Haris Azhar’s YouTube channel, in which the two
human rights defenders alleged the Minister was involved in
controversial gold mining activities in Papua Province.
As
Ms Maulidiyanti and Mr Azhar refused to apologise, Luhut Binsar
Pandjaitan filed a police report on September 22, 2021, against the
two human rights defenders alleging that both violated criminal
defamation provisions, namely “attacking someone’s honour or
reputation with accusations” and “defamation” (Articles 310 and
311 of the Criminal Code, respectively) and Article 45(3) of the
amended Electronic Information and Transaction (EIT) Law. Luhut
Binsar Pandjaitan asked for 300 billion rupiah (approximately 18
million Euros) in compensation. The trial of Ms Maulidiyanti and Mr
Azhar began on April 3, 2023, before the East Jakarta District Court
and 28 hearings have taken place since then. On November 27, 2023,
the two human rights defenders are scheduled to submit their defence
at the East Jakarta District Court.
The
Observatory denounces the ongoing judicial harassment against Fatia
Maulidiyanti and Harris Azhar, which seems to be only aimed at
punishing them for their legitimate human rights activities and for
exercising their right to freedom of opinion and expression,
enshrined in international human right law, and particularly in
Article 19 of the International Covenant on Civil and Political
Rights, to which Indonesia is a state party.
The
Observatory urges the Indonesian authorities to dismiss the case
against Fatia Maulidiyanti and Haris Azhar, and to put an end to any
acts of harassment – including at the judicial level – against
them and all other human rights defenders in the country, and to
ensure that they are able to carry out their legitimate human rights
activities without any hindrance or fear of reprisal.
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