The Civil Society Coalition rejected impunity and stated that it would appeal the State Administrative Court decision in Jakarta which rejected the lawsuit against Cultural Minister Fadli Zon – re. denial of mass rape in May 19 tragedy. The judges’ decision stating that the lawsuit was not declared inadmissible (Niet Ontvankelijke Verklaard/NO) ignored the key issue of the case and perpetuated impunity culture in Indonesia. The statement was issued during a press conference on Wednesday (22/4) and uploaded at YouTube account @Yayasan LBH Indonesia.
In the press conference in Jakarta, the Coalition condemned the judges’ decision for its attempt to hide behind administrative procedural aspect, without examining the key issue of serious human rights violation. The legal proceeding had been going for more than six months, and the plaintiff had submitted 95 evidence and key witnesses and experts.
Prominent Human Right Defender, Marzuki Darusman stated that facts about sexual violence in May 1998 incident was comprehensively documented by the State through Fact-Finding Team. He also mentioned that denial of the incident not only eliminated the facts of history, but also hurt victims’ and victims’ family’s dignity.
An activist accompanying victim, Ita Nadia also suggested the same thing that the court decision reflected a failure of the court system in executing its core control function of public officials. She believed that the officials’ statement denying the facts about sexual violence was extraordinary, that had direct impacts on victims’ right to truth and recovery.
The Coalition emphasised that the 1998 Fact-Finding Team report was official State document prepared collectively by the government, the Military, the Police, and civil society. The report unambiguously stated that the mass rape against women indeed occurred, particularly women of Chinese-descent, in many parts of Indonesia. The report was received by then President, B. J. Habibie, as a form of State acknowledgement of the humanity tragedy.
Yet, in the decision, the judge(s) mentioned statement of denial as part of “preserving history.” The Coalition deemed such deliberation a dangerous form of manipulation, because it could legitimise factual distortion which the State had acknowledged as serious human rights violation.
In addition, the Coalition also criticised the use of old law by the judge(s). It believed that the judge(s) used the logics in Law No. 5 Year 1986, without taking into consideration the new Law No. 30 Year 2014 on Government Administration, which broadened the object of the lawsuit, including the factual actions of public officials.
In the press conference, the Coalition also reminded the public of one of the most tragic incident preventing a case resolution – the murder of Ita Martadinata. Ita was a survivor of serious sexual violence who planned to give her testimony at the United Nations’ headquarter in New York. She was murdered brutally in her home in Sumur Batu, Jakarta, just before she departed.
The incident became a key point that heightened fears amongst victims and other witnesses. Many victims chose to stay silent in order to save themselves and their family. Coalition stated that certain parties exploited such situation to establish an alternative narrative that there was no solid prove that the mass rape occurred in 1998.
Yet, there were ample documentation by the Fact-Finding Team regarding reports of the incident in 199 that had been submitted to the United Nations Special Rapporteur, Radika Coomaraswamy, regarding violence against women in 1998. In the report, the incident was categorised as serious human rights violation and a form of terror by using women’s body as instruments of violence.
The Coalition emphasised that the State Administrative Court in Jakarta was not merely dealing with administrative issues, but also with bad precedents that could potentially shut the truth-seeking measures in the future. It also detected fear amongst State officials in the face of organised power of denial.
Sebagai langkah lanjutan, tim hukum koalisi tengah menyiapkan memori banding yang akan diajukan ke Pengadilan Tinggi Tata Usaha Negara (PTTUN) Jakarta. Dalam dokumen tersebut, mereka akan menekankan bahwa pernyataan pejabat publik merupakan tindakan administratif yang dapat diuji di PTUN.
In addition, the Coalition also submitted evidence and witness testimonies which was previously ignored, including from key witnesses such as victims’ families. The measure was important to ensure that the legal process not only stopped at the formal aspect, but truly delved into the substance of justice.
“The fights was not only for the victims, but also for the future of democracy in Indonesia. Manipulation of history by public officials was a serious threat to human rights and to safeguard that case never would happen again,” said the Coalition.
The Coalition re-affirmed its commitment to continue the legal path and advocacy at national and international levels to ensure victims’ rights to truth, justice and recovery were respected. (Ast)
