A/HRC/10/9
page 41
Indonesia
Number of
outstanding
cases at the
beginning of
the period
under review
159
Cases transmitted to the Government
during the period under review
Cases sent under
Cases sent under
the standard
the urgent action
procedure
procedure
0
Number of cases on which the
Government has replied
0
3
Cases clarified during the period
under review by:
Government Non-governmental
sources
0
Multiple replies on some cases
General allegation
Prompt intervention letter
Working Group request for a visit
No
N/A
N/A
Yes
0
Number of
outstanding
cases at the end
of the year
under review
162
Number of cases of possible clarification
by Government (6-month rule)
0
Government response
Government response
Government response
N/A
N/A
Under consideration
Standard cases
188. The Working Group transmitted three cases to the Government under its standard
procedure. The first concerned Marsaid Jamrong Thaib Tarab, arrested at the Military District
Command in Lampung in 1965. The second concerned Kaswan Tarab, arrested by the Military
and last seen in detention on Buru Island, Maluku, in 1966. The third concerned Simad Tarab,
arrested in 1965 by the Military and Police and taken to a factory in Central Java and last seen
in 1966.
Information from the Government
189. The Government submitted one communication to the Working Group
dated 27 November 2007, in response to a general allegation sent in 2007.
190. The Government stated that:
“any serious human rights violations which occurred before this law [Act. No. 26/2000]
was established must be investigated and decided on by the Ad Hoc Human Rights Court,
additionally, it must be supported by a Presidential Decision and must follow a request
from the Indonesian legislative. The Ad Hoc Human Rights Court mentioned above was
not in fact created until a much later date, thus post-dating the aforementioned
disappearances. Therefore, from the judicial perspective, the investigation results from the
National Human Rights Commission concerned with the involuntary disappearances which
occurred from 1997 to 1998, did not follow the prescribed steps necessary needed for the
next investigative step to take place.”
Request for a visit
191. On 12 December 2006, the Working Group requested to undertake a mission to Indonesia.
The Government responded that it would not be possible to receive the Working Group during
2007 and that greater benefit would be derived from a visit at a later date. A reminder letter was
sent on 3 April 2008; the Government has not yet responded.
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