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URGENT ACTION: Release Muhammad Nazar and end clampdown on civil society in Aceh

2 March 2003

On 9 December 2002, a peace accord, Cessation of Hostilities in Aceh (COHA), was signed between the Indonesian Government and GAM, the Free Aceh Movement. The accord was brokered by the Geneva-based Henri Dunant Centre and provided for monitoring procedures to be conducted by a Joint Security Committee. The accord has been widely welcomed in Aceh as a major step towards restoring peace and has led to a marked decline in the number of casualties.

The accord focuses on the military situation but also includes a provision for 'all-inclusive dialogue' which would involve representatives of civil society in Aceh. However it is silent on the question of justice for past human rights abuses in Aceh.

The accord includes a clause that guarantees the right to freedom of expression in Article 2 (f) which states: 'Both parties will allow civil society to express without hindrance their democratic rights.'

In what is clearly a violation of this solemn undertaking, the Indonesian police have recently summoned a number of activists for questioning and one well-known figure is now in police custody and is likely to face charges. Other activists have not responded to the police summons and have gone into hiding.

Muhammad Nazar, chairperson of the Presidium Council of SIRA, the Centre of Information for a Referendum in Aceh, was arrested at his home in Banda Aceh at 1.30am on Wednesday, 12 February, and is now in police custody. The police gained access to the house by kicking down the front door. The police say that they had been searching for him for two weeks, because he addressed a public meeting in Lhokseumawe on 9 January. Although the police allege that he organised the event, it was in fact organised by SURA (Suara Rakyat Aceh, Voice of the Acehnese People) while Nazar was invited to address the gathering by the organisers.

According to the police now holding him, he is being charged under Article 510 of the Criminal Code and Article 9 of Law No 9/1998 for organising a public meeting without police permission. A senior police officer in Banda Aceh said shortly after his arrest that he could also face charges for 'mobilising the masses and for incitement' which 'constitute a form of rebellion and therefore constitute a crime'. A year ago, Nazar served a prison sentence of nine months.

Soon after Nazar's arrest, the police summoned Kautsar, chair of the FPDRA (People's Front for Democracy in Aceh), also in connection with the public rally on 9 January. However, Kautsar has not responded to the police summons and has gone into hiding. A police officer told the press that Kautsar was now on their 'wanted' list. He said they had asked the military for help in tracking him down.

In a letter to the Joint Security Committee, the Indonesian President, the leadership of GAM and the national chief of police, Kautsar's lawyer, Arie Maulana, said he feared for his client's personal safety and pointed out that the actions by the police 'had worsen the conditions for upholding human rights and democracy in Aceh. At the present time, there is no space whatsoever or guarantee for civil society in Aceh to express their political aspirations.'

Three other activists, Nasruddin Abubakar, Fajri M. Kasim and Faisal Ridha, have also been summoned by the police, the first two as 'witnesses' and the third as 'a suspect'. Their present whereabouts are not known.

The actions being taken by the police in Aceh point to a systematic campaign to prevent human rights activists from exercising their right to freedom of expression and from playing a role in guaranteeing the success of the accord and ensuring that the issue of justice is not overlooked.

Action suggested:

Please send faxes to the following, calling for the immediate and unconditional release of Muhammad Nazar, the withdrawal of police summonses to Kautsar and other activists and for assurances that the right to exercise democratic freedoms as stipulated in the peace accord are upheld:

1. National chief of police.

Commander-General D'ai Bachtiar

Fax: 62-21 720-1402

2. Aceh chief of police,

Inspector General Bahrumsyah,

Fax: 62-651 22488

3. Head of the Joint Security Committee, c/o Henri Dunant Centre in Geneva,

Major-General Tranongsuk Tuvinun,

Fax: 41-22 908-1140

Kindly also inform the Indonesian embassy in your country of your action.

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