OPEN LETTER TO THE CHAIRMAN of the House of Representatives

Re: The follow up of the Recommendations of the Parliament Plenary Session on the case of Enforced Disappearances in 1997-1998


His Excellency H. Marzuki Alie, SE. MM
Chairman of the House of Representatives
of the Republic of Indonesia


His Excellency,
First of all, we would like to congratulate you on your election as the Chairman of the Parliament 2009-2014. Similarly to all newly elected members of the House of Representatives. We hope that all members of the House of Representatives can work well and regain trust from public.

Furthermore, through this letter, we intend to convey the hopes of the families of victims of the case of disappearances in 1997-1998. We expect that the Parliament’ recommendations be followed up by the President. The Parliament’s recommendations, which refer to the work and recommendations of the Parliament’s Special Committee on Enforced Disappearances in period 1997 to 1998, issued on 28 September 2009 are as follows;

1. Recommend the President to establish an Ad Hoc Human Rights Court for the cases of disappearances in 1997-1998.
2. Recommend the President and all government institutions and related parties to immediately conduct a search for the 13 people who by the National Commission on Human Rights (sic) are concluded as still missing;
3. Recommend the Government to provide rehabilitation and compensation for the families of the victims.
4. Recommend the government to immediately ratify the Convention against Enforced Disappearances '[International Convention on the Protection of All Persons from Enforced Disappearances] ' as a form of commitment and support to stop the practice of Enforced Disappearances in Indonesia.

Related to the above recommendations, we share a number opinions and concerns;

First, the four recommendations above is a positive progress in the handling of this case. Therefore the victim's family appreciate the work and commitment of the House of Representatives in about handling these cases. Furthermore, the Parliament’s decision this case should end the legal debate about the procedures for the establishment of an ad hoc Human Rights Court between the Attorney General and the Parliament.

Second, in the future these recommendations should become a precedent for the Parliament in encouraging the formation of ad hoc human rights court for other cases of gross human rights violations, which occurred in the past in Indonesia.

Third, the recommendation above (especially point 2) becomes important to be followed-up since in this case there are a number of victims who were still disappeared. International human rights instruments' [International Convention on Protection of All Persons from Enforced Disappearances] emphasizes the urgency to search and clarity of the fate and whereabouts of the victims of enforced disappearances.

These recommendations complement the legal basis and the establishment of ad hoc human rights court for the President, according to Article 43 of Law 26/2000 on Human Rights Court, which states;

1. The violations of human rights that occurred prior to the enactment of the Law shall be examined by the ad hoc Human Rights Court
2. The Ad hoc human rights court as referred to in paragraph (1) is formed on the basis of the proposal the House of Representatives of Indonesia.

Specifically on the role of the Parliament, on the legal and constitutional mandate we expect the Parliament to supervise to ensure the above recommendations be followed up by the President. This supervision can be done by the Parliament as follows;

To ensure that administrative and procedural recommendations have been submitted to the President of the Republic of Indonesia, Mr. Susilo Bambang Yudhoyono.
The consideration of the importance of this case, the House should immediately follow-up point 1 above by doing the consultation meeting with the President of Indonesia, Mr. Susilo Bambang Yudhoyono.

As soon as possible to conduct the Public Hearings Meeting or Working Meeting with the Attorney General, National Human Rights Commission and the Department of Justice and Human Rights to find a plan and follow up the steps to be taken of each agency in implementing the above recommendations.

The Parliament must prepare to use the constitutional rights of individual members of Parliament, such as the right to ask (right of interpelation) if the President refuse to follow up the recommendations. As stipulated in the 1945 Constitution, Article 20 A (2) that "In Implementing functions, in addition to the rights provided for in other Articles of the Constitution, every member of the House of

Representatives has the right to ask, questionnaire rights and rights of expression"
The moral and political commitment from all parties and all members of the House of Representatives are expected and very long-awaited by the families of the victims.

So the letter was delivered. Thanks for your attention and cooperation.


Jakarta, October 28, 2009

Haris Azhar (KontraS)
Mugiyanto (IKOHI/Survivor)
Nurhasanah (Mother of disappeared Yadin Muhidin)
Paian Siahaan (Father of disappeared Ucok Siahaan Munandar)
Sipon (Wife of disappeared Wiji Thukul)
Utomo Rahardjo (Father of disappeared Petrus Bimo Anugerah)
Suyadi (Brother of disappeared Suyat)
Tuti Koto (Mother of disappeared Yani Afri)