CASE N° IDS/10 - SRI BINTANG PAMUNGKAS - INDONESIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 163rd session (Moscow, 12 September 1998)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/163/12(a)-R.1), and to the resolution adopted at its 162nd session (April 1998) concerning the case of Sri Bintang Pamungkas, of Indonesia,

Considering the information supplied by the Secretary General of the House of Representatives of Indonesia on 1 June 1998 regarding developments in the country and the release of Sri Bintang Pamungkas,

Considering also the information supplied by Sri Bintang Pamungkas in a communication of 3 September 1998,

Recalling that Sri Bintang Pamungkas, after having been found guilty in May 1996 of insulting the President of the Republic and sentenced to two years and 10 months' imprisonment, was prosecuted under the Anti-Subversion Act and that, accused of violating or deviating from Pancasila, the State ideology, and attempting to overthrow the Government, he was liable to capital punishment as a maximum sentence; that, in view of the fundamental issues regarding freedom of speech and freedom of association and assembly raised by this case, it entrusted the Committee on the Human Rights of Parliamentarians with an on-site mission; considering that the Indonesian authorities notified their readiness to receive such a mission,

Considering that, following the change of Government on 21 May 1998, Sri Bintang Pamungkas was granted an amnesty on 25 May 1998 giving him a clean slate; that he was released the next day and that, on 18 August 1998, the competent court ordered his academic reinstatement,

Bearing in mind that the Government of Mr. Habibie has pledged to promote and protect human rights, including freedom of expression and association; that it has engaged in a process of reviewing national laws and regulations that run counter to the spirit of reform, including the laws and regulations on political parties and the Anti-Subversion Act; that, on 25 June 1998, the President officially launched a " Plan of Action on Human Rights " providing for ratification in the next few years of the major human rights treaties,

1. Welcomes the recent significant developments in Indonesia, which it hopes will be confirmed by the institution of a legal framework guaranteeing freedom of expression and the full exercise of civil and political rights in the country;
2. Is further gratified that Sri Bintang Pamungkas was granted an amnesty and released; that his academic reinstatement has been ordered, and trusts that he will soon be reinstated as a permanent faculty member of Djakarta State University;
3. Notes with satisfaction that the Indonesian authorities have expressed their willingness to receive the mission it had requested, and thanks them for the spirit of co-operation thus displayed; considers, however, that there is no longer any need for such a mission;
4. Decides to close the file.

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