Tuesday, March 22, 2016

COUNTERTERRORISM ACTIONS MUST UPHOLD HUMAN RIGHTS by Fardah

Jakarta, March 22, 2016 (Antara) - The Indonesian government has been working to strengthen its Special Detachment (Densus) 88 counterterrorism squad by seeking a revision of a law on terrorism and increasing the allocation of funds for the unit.
         Coordinating Minister for Political, Legal and Security Affairs Luhut Binsar Pandjaitan said in February that he had informed the president and vice president of the need to improve the squad's facilities, personnel, and lodging.
          "We will again look at their remuneration as many of them have to stay away from their families since they are assigned duties out of town for several months. I think they deserve to be treated better," the minister emphasized.
         To this end, Pandjaitan said the government would propose the allocation of additional funds for Densus 88 to be included in the Amended State Budget (APBNP).

          He sought the House of Representatives' support to increase budget allocation for Densus 88.
          "Concerning Densus 88, I am sad. Despite having a big name, its facilities are poor. We need support for the selection of personnel and additional facilities and infrastructure, as well as an increase in the budget set aside for Densus 88," Pandjaitan noted during a joint hearing with the Commission I and Commission III of the House of Representatives (DPR) at the Parliament Building, recently.     
    He also sought support from the DPR to expedite the revision of the law on terrorism.
         "The essence is to give us the authority to implement preemptive measures, so that we can make preventive arrests," he added.  
   "We will never negotiate with terrorists. We will never give them an opportunity for consolidation," Pandjaitan affirmed.
         The United Development Party (PPP) faction of the Parliament (DPR) has given its nod to increase the budget to Rp1.9 trillion for the Densus 88.
         "The PPP faction supports the allocation of additional budget to strengthen Densus 88," Arsul Sani, the faction's spokesman, said.
         "The budget is allocated for improving the facilities and infrastructure needed by Densus and also for the development of human resources, both physically and mentally," he stated.
         Mental development encompasses the humanity factor in implementing their tasks, Sani, member of Commission III, noted.
         However, he remarked that Densus 88 needs to change public perception that they always shoot and kill alleged terror suspects while combating terrorism.
        In fact, the Densus 88 has been in the spotlight lately following the death of alleged terrorist identified as Siyono in Central Java.
         Siyono (39), a resident of Klaten Village, Central Java, died on March 9 when Densus 88 officers were in the process of taking him into custody on March 9 for detention.
          According to the police, Siyono died of fatigue after a confrontation with the Densus 88 officers inside the squad's vehicle, which was en route to Yogyakarta, following his arrest.
         The death of Siyono has sparked criticism among human rights activists and some legislators.
         On March 16, member of the House of Representatives' Commission III Nasir Djamil questioned the standard operating procedure followed by Densus 88 while handling Siyono.
        "The death of Siyono reminds me of the manhandling of five people who had been wrongly arrested in Poso in 2013," he recalled.
        Nasir, who is currently a member of the special committee tasked with revising the terrorism law, said he will review the procedure of arresting suspected terrorists and reduce the authority of Densus 88 in arresting suspected terrorists.   
    "Densus 88 often uses torture against terror suspects," he said, adding that it started at the stage of arrest.
          According to him, Densus 88 usually blindfolds an alleged terrorist during the time of arrest, and he is then hit on the head and blows rain on his body, using weapons.
          "In fact, those being arrested are not even confirmed as suspects. Often, in fact, they are arrested due to mistaken identity," he said.
          Such cases are difficult to be brought to justice because the victims in such cases cannot even recognize who had hit them, he added.
         As a member of the special team on the revision of law on terrorism, Djamil said he would make sure that there are clear regulations regarding the arrest procedures.
          He said he would work towards curbing the authority of Densus 88 in making arrests.
          The law maker said he would seek a clarification about Siyono's mysterious death from the National Police Chief in the near future, and will study the SOPs followed by Densus 88 in case of arrests.
          "I am worried since those resorting to torture could not be identified as such a sorry practice is carried out within the force and it is difficult to find witnesses outside the police," he said.
           He urged the Police Chief to impose heavy sanctions against those guilty of such heavy handedness during Siyono's arrest.
           In the meantime, Chairman of the Youth Wing of Muhammadiyah Dahnil Anzar Simanjuntak asked the police to show proof that  Siyono died because of fatigue after fighting with Densus 88 officers inside the vehicle.
          Dahnil, who is concurrently the president of the Religion for Peace - Asia and Pacific Interfaith Youth Network (RfP-APIYN), told the Republika daily on March 13 that several terror suspects, who could have potentially revealed the extent and information about radicalism movement in Indonesia, had unfortunately ended up dead. 
    Furthermore, Executive Director of the Human Rights Working Group Rafendi Djamin believed that from the human rights perspective, terrorism handling is a matter of concern.   
      While referring to the death of Siyono, Djamin affirmed that his NGO was supporting the government's efforts to fight terrorism, but the implementation must not violate the principles of legal enforcement, particularly concerning fair trial principles and the ban on torture.
            Djamin, former Indonesian representatives to the ASEAN Intergovernmental Commission on Human Rights (AICHR), also assessed that a revision of Law No. 15 of 2003 on Eradication of Terrorism Crimes contained loopholes that will allow human rights violations.
          "Instead of strengthening the supervision mechanism and handling procedure, some articles in the revision are, in fact, facilitating opportunities for arbitrariness by legal enforcers and security personnel. It is far from a fair legal enforcement principle," Djamin noted in a statement on March 17, 2016.
          He believes that the revision does not accommodate the efforts to reduce human rights violations and to hold a dialog to counter terrorism and radicalism.
         In fact, the revision includes plans to extend the alleged terrorists' arrests and to place terror suspects in a particular location, both of which are not in accordance with the spirit of imprisonment and anti-torture, he affirmed.
         Moreover, the revision does not include the procedure of supervision, he added.
         "The existing tendencies, which instead of strengthening the control and supervision mechanisms, on the contrary, tend to become legal enforcement, which is arbitrary and not transparent," he stated.       
    He is also worried that the revision will have the potential of the return of the military (TNI) in the fight against terrorism, and this is not in line with the spirit of reform.
         Some articles in the revision are also multi-interpretative, he remarked.
          The HRWG has urged the government and Parliament to conduct a comprehensive evaluation of the terrorism handling measures ranging from prevention and deradicalisation to legal enforcement in order to find loopholes for human rights violations.
         The supervision mechanism must also be improved, he added.       
    Besides, he reminded that the state must uphold fair trial and the presumption of innocent principles.
         Brutal actions by legal enforcers and security personnel would only tarnish the image of Indonesia, which has, so far, been praised for being successful in its fight against terrorism, he noted.
         The human right activist also urged the United Nations to agree on resolutions on the importance of upholding human rights' principles in dealing with terrorism.
         The brutality of legal enforcers in dealing with terrorism could not be justified although terrorism is a common enemy, he remarked.
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(f001/INE/o001)
EDITED BY INE
 22-03-2016 14:55:11

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