Indonesia: Draft Intelligence Law Threatens Basic Rights

[struggle4progress]

Parliament Should Drastically Amend Bill

(New York, August 3, 2005) A draft law on Indonesia's national intelligence body denies basic rights to detainees and violates Indonesian criminal law and international human rights law, Human Rights Watch said in a new legal analysis today. It also improperly gives a new and expanded role in law enforcement to BIN (Badan Intelijen Negara), Indonesia's State Intelligence Body, a notoriously abusive and unreformed agency linked to many human rights abuses from the Soeharto period to the present. <snip>

“The draft law's empowerment of Indonesia’s notoriously abusive intelligence services will undermine efforts to make the security services and law enforcement agencies more accountable to civilian leaders and the public,” said Brad Adams, Asia Director at Human Rights Watch. “Without significant amendments, this law would be a big step backward and indicate that the government is not serious about improving the country’s poor record on civil liberties.”

Human Rights Watch expressed concern that the draft allows BIN to go beyond its intelligence gathering role and move into law enforcement. It allows BIN agents to “arrest” persons for up to 7 days and to “detain” persons for up to 30 days without any judicial oversight or control, without filing any criminal charges, and without allowing a detainee access to counsel or the opportunity to be heard before a judge. A draft article empowers intelligence officials to arrest, detain, interrogate, search, or restrict the movement of any person “strongly suspected” of being directly or indirectly involved in activities related to a threat to the nation – effectively turning an intelligence agency into a police force with broad, unrestricted powers.

“Allowing an intelligence gathering agency to become involved in law enforcement confuses its role and opens the door to abuse,” said Adams. “Allowing intelligence agents to detain people for 30 days without any judicial supervision or access to lawyers or family members creates the perfect conditions for torture or other mistreatment.” <snip>

http://hrw.org/english/docs/2005/08/03/indone11548.htm