A/HRC/19/58
opportunities, ad hoc courts were established only after the Attorney General had conducted
investigations. The source also indicated that, on 21 February 2008, the Constitutional
Court issued Decree No. 18/PUU-V/2007 which interpreted article 43 of Law 26/2000 in
the sense that mere allegations of gross violations of human rights are not a sufficient basis
for the Parliament to establish an ad-hoc Human Rights Court. Instead, the Attorney
General has to conduct an investigation to give the Parliament the necessary information to
enable it to establish an ad hoc Human Rights Court.
290. In this context, the source alleged that it is not necessary to establish an ad hoc Human
Rights Court for the Attorney General to conduct investigations. On the contrary, the source
sustains that the legislation requires that after the Attorney General concluded the
investigation and the Parliament recommended the establishment of an ad-hoc Human
Rights Court, the President issues a decree to enable the formal establishment of the ad hoc
Human Rights Court.
291. In addition, the source informed the Working Group that to move the case forward, on
27 February 2007, the House of Representatives established a Special Committee regarding
cases of abductions and enforced disappearances of student activists in 1997 and 1998. As
this Committee proved ineffective, the House of Representatives established a new Special
Committee in October 2008. It was reported that this Committee issued the following
recommendations: first, the President should establish an ad hoc Human Rights Court;
second, the President and other relevant Government institutions should take appropriate
steps to immediately locate the whereabouts of the 13 people that are still disappeared;
third, the President should facilitate the rehabilitation and satisfactory compensation to the
victims and their families; and fourth, the Government should ratify the International
Convention for the Protection of all Persons from Enforced Disappearance. On 28
September 2009, the plenary of the House of Representatives agreed with the
recommendations of the Special Committee and recommended that the President establish
an ad hoc Human Rights Court to deal with the 1997-1998 disappearances. However,
according to the source, no concrete actions have been taken so far.
292. No response was received from the Government during the reporting period regarding
this general allegation.
Request for a visit
293. On 12 December 2006, the Working Group requested an invitation 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. Reminder letters were sent on 16 August 2010 and 18 August 2011. No reply has
been received during the reporting period.
Observations
294. The Working Group would like to recall article 4.1 of the Declaration, which states that
―All acts of enforced disappearance shall be offences under criminal law punishable by
appropriate penalties which shall take into account their extreme seriousness.‖
295. The Working Group considers that the right to obtain redress (article 19 of the
Declaration) cannot be satisfied unless judicial decisions are properly implemented. In this
sense, it recalls that effective decisions constitute an instrument thought which States
comply with its obligation under the Declaration, "to contribute by all means to the
prevention and eradication of enforce disappearance" (article 2). The Working Group
further recalls that "enforced disappearances render their perpetrators and the State or State
authorities which organize, acquiesce in or tolerate such disappearances liable under civil
law, without prejudice to the international responsibility of the State concerned‖ (article 5).
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