In the context of ensuring a safe environment for human rights defenders’
activism, the Commission submitted
an amicus curiae to the Chairperson of the East Jakarta District Court
which tried Haris Azhar and Fatia
Maulidiyanti. The Commission’s amicus curiae stated:
1. Haris Azhar and Fatia Maulidiyanti
are Human Rights Defenders;
2. Each of their activities is recognized and protected based on provisions (1) Article 100, Article 101,
Article 102 and Article 103 of the
Human Rights Law; and (2) Article 66 of Law Number 32 of 2009
concerning Environmental Protection and Management.
Based on the amicus curiae, Komnas
HAM RI urged the Panel of Judges at
the East Jakarta District Court to acquit Haris Azhar and Fatia Maulidiyanti
because their activism did not qualify
as a crime of defamation. Submission
of an amicus curiae, apart from being
a manifestation of the Commission’s
response to a case, aims to remind
the court of the important role of
providing protection for the activism
of human rights defenders and being
friendly towards human rights. The legal considerations of the judges at the
East Jakarta District Court are in line
with Komnas HAM’s amicus curiae,
namely the idea that a person cannot
be tried (Cogitationis Poenam Nemo
Patitur).
The Commission also monitors the
case of criminalization of the Tobe-
lo Indigenous Community. Based on
monitoring, it is strongly suspected
that there was torture carried out by
members of the East Halmahera Police in the form of beatings during the
arrest and the requests for information. It is also strongly suspected that
the Tobelo Indigenous People’s confession of involvement in the alleged
murder was delivered under pressure
from the authorities. As a follow-up,
the Commission submitted an amicus
curiae in the trial of the case of criminalization of the Tobelo Indigenous
Community at the North Maluku Soasio District Court.
Furthermore, Komnas HAM RI collaborated with LPSK and Komnas Perempuan. This collaboration took the
form of signing a Memorandum of
Understanding on a Rapid Response
Mechanism for the Protection and
Security of Human Rights Defenders. The development of this rapid
response mechanism is part of the
Commission’s efforts to ensure that
human rights defenders can work in
a safe environment. The development
of a safe environment for Human
Rights Defenders was strengthened
again through the signing of a Joint
Understanding on Handling Human
Rights Protection for Human Rights
Defenders between the Commission
and the Sajogyo Institute (SAINS).
H. Monitoring the Global Migration
Flows in Human Rights Corridors
in Efforts to Provide Protection
for Marginalized and Vulnerable
Groups
Responding To New Challenges: Respecting, Protection, And Fulfillment Of Human Rights In 2023
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