War on terror no excuse for rights abuse: Observer
War on terror no excuse for rights abuse: Observer
Tiarma Siboro, The Jakarta Post, Jakarta
A noted human rights activist lashed out on Tuesday at the
government's move to compromise on individual basic rights in its
fight against terrorism.
Former secretary-general of the National Commission on Human
Rights Asmara Nababan said the problems facing the government in
its war on terror lay in the poor coordination among security
authorities and non-performing law enforcement personnel, rather
than the relatively moderate legislation.
"I don't believe a soft legal umbrella is responsible for our
failure to stamp out terrorism. It is long overdue for lawmakers
to give an honest appraisal of all the government's efforts to
deal with terrorist threats," said Asmara, the executive director
of human rights watch Demos.
He was commenting on the proposed amendments to the
antiterrorism law, which according to antiterror desk chief
Ansja'ad Mbai might sacrifice the rights of individuals, but
ensure the safety of the public, at large.
"Even the United Nations will not allow certain countries to
enforce such a repressive law despite the campaign against
terrorism," Asmara said.
He added that the international community had recognized the
non-derogatable rights of individuals, including the right to
life; and the prohibition of torture and cruel, inhuman,
degrading treatment or punishment.
Asmara urged the House of Representatives legislators to
evaluate the government's efforts to hunt down terrorists and to
find the root causes of its failure to protect the people from
terror attacks.
He said the House appraisal would open the public's eyes as to
whether related state institutions had made for a good team and
whether the police had given their all to prevent terrorism.
The current antiterrorism law was passed after the Bali
bombings in October 2002, which left 202 people dead. Ineffective
intelligence work has been blamed for recurring acts of terror in
the ensuing years, the latest being the second Bali blasts on
Oct. 1.
Ansja'ad said the amendments to the law would allow the police
to detain a person without charge for more than seven days -- the
maximum period under the prevailing legislation. Intelligence
units, including that of the Indonesian Military (TNI), would
also be given greater roles in preventing acts of terrorism.
Earlier, President Susilo Bambang Yudhoyono ordered the
military to actively participate in the fight against terrorism.
In response, TNI plans to revive its much-criticized territorial
operations.
Asmara said that to combat terrorism, the police could move
based on the existing Criminal Code instead.
"Why don't they explore the articles in the Criminal Code?" he
asked. "I see the government has come under pressure from certain
foreign countries to introduce draconian legislation. It must be
emphasized that even foreign interests cannot sacrifice our own
national interests."
Asmara admitted that several Scandinavian countries had
adopted a repressive law to address certain crimes. "But as far
as I know, they have never enforced the law," he claimed.