CASE N° IDS/13 - TENGKU NASRIHUDDIN DAUD - INDONESIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)

The Inter-Parliamentary Council,

Having before it the case of Mr. Tengku Nasrihuddin Daud of Indonesia, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Taking note of the report of the Committee on the Human Rights of Parliamentarians (CL/168/13(c)-R.1), which contains a detailed outline of the case,

Taking account of information provided by an Indonesian delegate at the hearing held on the occasion of the 105th Conference (April 2001),

Considering the following information on file:

• Mr. Daud, a Member of Parliament representing Aceh, was the Vice-Chairman of the Parliamentary Commission to Investigate Human Rights Abuses in Aceh, including those committed by the Indonesian security forces during the nearly ten years in which Aceh was an army-designated "military operational zone"; when, in early December 1999, the Parliamentary Commission's findings were discussed in the Indonesian Parliament with senior military officers and televised nationwide, Mr. Daud was one of the most outspoken members who challenged the officers regarding the activities of the military;
• Mr. Daud disappeared on 21 January 2000 in Medan on his way back from a mission to Aceh; his body was found two days later, his injuries showing clearly that he had been tortured by his abductors;
• The police, having questioned witnesses from Medan, Jakarta and Aceh, assume that the motive for Mr. Daud's murder was his struggle against the Free Aceh Movement (GAM); four persons are suspected of the murder, one has died and the others are at large; one of them is said to have fled to Malaysia;
• The source considers that, while Mr. Daud certainly had no sympathy for GAM, there has been nothing to suggest that he was engaged in a struggle against that separatist movement; rather his murder would appear to be linked to his outspoken stance against the military and their activities in Aceh, where thousands of human rights abuses identified by the parliamentary investigations have led to no court indictments; the source fears that the police are making GAM a scapegoat, as already happened in the past with investigations into political crimes,

Considering that the Indonesian Parliament is following the investigation by requesting the police to report on progress made in it,

1. Thanks the parliamentary authorities, and in particular the Indonesian delegation to the 105th Conference, for the information provided and for their cooperation;

2. Notes with deep concern that the police investigation has so far produced no conclusive result and does not seem to have been carried any further; is also deeply concerned that only one line of inquiry seems to have been pursued, and would appreciate more detailed information in this respect, in particular as to whether the police are also following other lines of inquiry suggested by Mr. Daud's parliamentary investigation activities in the months preceding his murder;

3. Recalls that it is the duty of every State to dispense justice and thus to identify culprits and bring them to justice without undue delay; also recalls that impunity poses a major threat to any democratic system based on respect for human rights as it undermines the confidence of citizens in the State's ability to dispense justice and protect human rights, thus undermining respect for the rule of law itself;

4. Reaffirms that Parliament, as a guardian of human rights, has a special duty to ensure that the murder of any of its members does not go unpunished; notes with satisfaction in this respect that the Indonesian House of Representatives has requested the police to report on the investigation; would appreciate information as to whether Parliament has contemplated establishing a special committee to monitor the investigation closely and whether it is competent to take legal action on behalf of its assassinated member;

5. Requests the Secretary General to convey this resolution to the parliamentary authorities, inviting them to provide the requested information and to keep it informed of any progress made in the relevant investigations;

6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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