AHRC-PRL-037-2009

Hong Kong – Between 1997 and 1998, 24 student activists in Indonesia, who challenged Suhartoe's New Order regime disappeared by an abduction of the Army Special Forces Command. Until now, no justice was brought to this key case in Indonesian history.

The National Commission for Human Rights in Indonesia categorized the case as a gross violation of human rights, which requires the Attorney General to investigate according to Indonesia's Human Rights Court Law. His office has failed to take action. After the Parliament has passed a recommendation on September 28, 2009, the AHRC in an open letter has urged the President to issue a presidential decree establishing the ad-hoc human right court as prescribed by law.

"Despite a decision from the Constitutional Court (decree No. 18/PUU-V/2007) and article 43 Law No 26/2000 regarding Human Right Courts the AG has for years consistently objected to his responsibility to investigate the student disappearances", an AHRC analyst explained.

"Impunity is a continuing crime because the state neglects its duty to fulfil victim's rights," said Basil Fernando, director of the AHRC. "A reformation of the Attorney General's office is unavoidable given the flaws", he added.

In the open letter to the President, the AHRC called for the president to set up the ad-hoc human right court by decree and request immediate action to compensate victims and investigate the case effectively.

Indonesia has still not ratified the International Convention for the Protection of All Persons from Enforced Disappearance.

About AHRC

The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.