(New York, October 18, 2002)
- The Indonesian government's response to the recent attack on civilians in Bali should not undermine the country's already weak rights protections, Human Rights Watch said today.
"The Indonesian police should conduct a speedy, professional investigation into the attack and bring the perpetrators to justice. But President Megawati and the Indonesian government must avoid the trap of issuing emergency decrees that may strengthen the role of the military in civilian affairs and lead to further human rights abuses."
Brad Adams
Executive Director of the Asia Division of Human Rights Watch
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Human Rights Watch strongly condemned the killings in the Bali bomb attack on October 12, but urged the government of Indonesia and other nations affected by the tragedy to exercise caution in their response.
"The Indonesian police should conduct a speedy, professional investigation into the attack and bring the perpetrators to justice," said Brad Adams, executive director of the Asia Division of Human Rights Watch. "But President Megawati and the Indonesian government must avoid the trap of issuing emergency decrees that may strengthen the role of the military in civilian affairs and lead to further human rights abuses."
On Saturday, October 12, two bombs exploded on Jalan Legian in the tourist center of Kuta, South Bali, at approximately 11 p.m. The packed Sari nightclub bore the brunt of the explosion. At least 188 people were killed and hundreds more were wounded, with many suffering from severe burns. Most of the victims were foreign travelers, but it appears that at least a quarter of the dead were Indonesian. Two other bombs in Denpasar, Bali, and Manado, Sulawesi, were also detonated on Saturday evening. There were no injuries in those incidents.
Under pressure from Western governments, the Indonesian government is now hastily preparing an emergency anti-terrorism decree. Depending on the provisions, this decree could give expanded authority to the police and military to allow arbitrary arrest and detention without adequate legal safeguards. According to some reports, the decree might allow the government to indefinitely detain anyone "suspected" of involvement in terrorism.
Given Indonesia's weak judiciary, rampant corruption and poor human rights record, Human Rights Watch is concerned that such a decree would lead to a return of Soeharto-era abuses, including the torture of political detainees.
A draft anti-terrorism law has been the subject of a long, serious and public debate in Indonesia's parliament. The intensity of the debate about the balance between security and civil liberties has been a promising sign of democratic development and political maturity. After the Bali killings, there has been intense international pressure for the government to sidestep the normal legislative process and issue a decree that the parliament would be asked to ratify later. But any anti-terrorism decree or legislation could open the door to widespread abuse and be used long after the war on terror ends, increasing public distrust of the military and police.
"Indonesia already has appropriate criminal laws on the books to punish acts of violence," said Adams. "This investigation is a chance to show the Indonesian people and the world that the Indonesian criminal justice system can function both efficiently and fairly."
Human Rights Watch supports international training and assistance to the Indonesian police as part of a broader effort to build the country's civilian institutions after 30 years of Soeharto's military rule, but not the resumption of unfettered military aid to Indonesia. Instead, Human Rights Watch supports proposed restrictions in the U.S. fiscal year 2003 foreign aid bill that would allow resumption of U.S. military training and lethal arms sales only if the president certifies that military personnel in Indonesia credibly alleged to have committed gross human rights violations have been suspended from duty and the military is fully cooperating with prosecutions of abusers.
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