The Council of the Inter-Parliamentary Union,

Referring to the outline of the case of Mr. Tengku Nashiruddin Daud of Indonesia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/170/13.c(ii)-R.1), and to the relevant resolution adopted at its 169th session (September 2001),

Recalling that Mr. Nashiruddin Daud, a member of Parliament for Aceh and outspoken Vice-Chairman of the Parliamentary Commission of Inquiry into Human Rights Abuses in Aceh, was found dead on 25 January 2000 the day after he disappeared in Medan on his way back from a mission to Aceh, his body showing clear signs of torture,

Taking account of the communication of the Secretary General of the Indonesian Parliament of 20 December 2001 in which she stated that "… the Leadership of the Indonesian House of Representatives had invited the new Chief of the State Police, Mr. Da’i Bachtiar, on 11 December 2001 to have a special discussion on this case. On that occasion, the House Leaders urged the police to take immediate action in settling the case, and the Chief of the State Police said that the investigation would be improved in the future and the progress made would always be reported to the House",

Recalling in this light that Parliament, in particular its Sub-committee on Juridical and Human Rights Issues and the Committee for Inter-Parliamentary Cooperation, is monitoring the investigation of the case,

Noting the information provided by the Minister of Justice and Human Rights on 12 March 2002, that the police, on the basis of, inter alia, a testimony of Ibrahim AMD, a suspect in the case of the Jakarta Stock Exchange bombing who reportedly escaped either before or after being convicted, apparently link the murder to rebels of the Free Aceh Movement (GAM); one of the suspects has reportedly been shot dead by policemen in Aceh while the police are still searching for the other three suspects who have fled, either to Aceh or to Penang/Malaysia; all regional police departments have been asked for assistance in capturing them and the Indonesian police are also cooperating in this with the Malaysian police,

Recalling that, according to the source, a young man named Abu Bakar Daud, who worked as a servant at the hostel where Mr. Nashiruddin Daud was staying when he disappeared, went missing shortly after being questioned by the police as a witness; according to the source, he is thought to have been well informed about what happened at the hostel at the time of Mr. Nashiruddin Daud’s disappearance,

Noting that, according to the Minister of Justice and Human Rights, Abu Bakar Daud was an acquaintance of the MP concerned and had seen the latter leave the hostel at 4 p.m. on 24 January 2002, the day before he was found dead; this key person has so far not been located and is being sought in connection with the investigation,

Recalling also that the source fears that the police may not be conducting the investigation with all due diligence and thoroughness, failing in particular to take account of a possible link between Mr. Nashiruddin Daud’s activities in the parliamentary commission investigating human rights abuses in Aceh and his murder,

1. Thanks the Minister of Justice and Human Rights and the parliamentary authorities for their observations and their spirit of cooperation in pursuit of the truth in this case;
2. Is pleased that, at their meeting with the new Chief of the State Police, the leaders of the Indonesian House of Representatives urged him to take immediate action to settle the case; notes therefore with satisfaction the stated commitment of the new Chief of the State Police to improve the investigation;
3. Notes that, according to the police, the murder is linked to the Free Aceh Movement (GAM); would appreciate information as to the circumstances in which Ibrahim AMD gave his testimony to that effect; wishes to ascertain his legal status with respect to the relevant investigation, in particular whether he remains at the disposal of the investigating authorities for further questioning;
4. Reiterates its deep concern that key witness Mr. Abu Bakar Daud, who disappeared after police questioning, has still not been found; reiterates its wish to receive a copy of his testimony;
5. Would appreciate information as to whether the authorities are exploring the possibility of following other lines of inquiry, particularly one that would take account of Mr. Daud's parliamentary monitoring activities;
6. Is confident that Parliament, in particular its Sub-committee on Juridical and Human Rights Issues and the Committee for Inter-Parliamentary Cooperation, will continue monitoring the proceedings so as to ensure that Mr. Nashiruddin Daud's murder does not remain unpunished; would appreciate being kept informed of any developments;
7. Requests the Secretary General to convey this resolution to the parliamentary authorities, inviting them to keep the Committee informed of any developments; also requests the Secretary General to convey the decision to the Minister of Justice, the Attorney General, the Head of Police and the National Human Rights Commission;
8. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2002).

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