The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Tengku Nashiruddin Daud of Indonesia, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/177/11(a)-R.1), and to the resolution adopted at its 176^th session (April 2005),

Taking account of a letter dated 7 July 2005 sent by the Secretary General of the House of Representatives, forwarding a copy of a letter dated 30 June 2005 sent by the National Police of Indonesia to the Secretary General of the House of Representatives,

Recalling that, according to the police investigation into Tengku Nashiruddin Daud's murder, the perpetrators of the crime were four members of the Free Aceh Movement (Gerakan Aceh Merdeka [GAM]), namely Daud Syah alias Panjang, Abu Is alias Ismail Saputra, Munawar alias Abu Rizky and Mustafa; Abu Is was reportedly shot dead by security personnel in Aceh, and Abu Rizky and Daud Syah reportedly escaped, respectively, to Aceh, and Penang, Malaysia,

Considering that, according to the police report, the assumption that Mr. Daud was killed by GAM members is based on the statements of the following three witnesses: (a) a witness who had heard Mr. Daud say in the Zaenal Abidin Public Hospital in Banda Aceh that he could "not support the Free Aceh Movement's struggle for independence unless they only demanded special autonomy status", and who claimed that this made one Tengku Herry alias Zulizar lose his temper and state that "he would kill the victim because he impeded the Free Aceh Movement's struggle"; (b) Ibrahim Amd Abdul Wahab, a suspect in the Jakarta Stock Exchange bombing, who provided information about the identity of Mr. Daud's murderers; and (c) Ibrahim Amd's girlfriend, who stated that Ibrahim had told her about the murder of Mr. Daud, from the time he was collected from the local government dormitory, where he was staying, to when his body was disposed of in Sibolangit; and considering also that the police are still searching for Abu Bakar, the witness who saw Mr. Daud leave the dormitory and who disappeared shortly after being questioned by the police, and that his statements must be cross-checked with those of another witness,

Considering that, according to the police report, Ibrahim Amd escaped from Cipinang prison and has not yet been recaptured, and that arrest warrants have been issued for the suspects and the Indonesian police are cooperating in this respect with the Malaysian police,

Recalling that the previous House of Representatives, through Speaker's Decree No. 79/PIMP/III/23003-2004 of 12 April 2004, had entrusted its Aceh Monitoring Team with the task of overseeing the investigation into the January 2000 murder of Tengku Nashiruddin Daud, and that the Team visited Nanggroe Aceh Darussalam province (NAD province) on 7 and 8 May 2004,

Recalling that, while the parliamentary authorities have suggested that GAM may indeed have abducted and murdered Mr. Daud because of his criticism of that separatist movement and his refusal to join or support it and that GAM had issued threats against him, the source has always affirmed that there was nothing to suggest that Mr. Daud was engaged in any activities aimed at opposing GAM, and that instead it considered it highly likely that Mr. Daud's murder was in fact linked to his outspoken stance against the military and their activities in Aceh,

Bearing in mind that a Memorandum of Understanding was signed on 15 August 2005 as part of peace talks between the Indonesian Government and GAM,

1. Thanks the Secretary General of the House of Representatives for his communication and for forwarding the police report;

2. Is grateful that the report provides answers to the questions it has consistently raised as to the role played by Ibrahim Amd, the result of the efforts to locate Abu Bakar and the testimony he gave, and the evidence gathered to suggest that GAM committed the murder;

3. Remains concerned, in the light of this information, that the investigation has relied largely on dubious witness statements and perhaps therefore failed to make substantial progress; and notes with concern that the main witness is no longer at the disposal of the authorities, so that his testimony cannot be effectively checked against any other testimony which may be gathered during the investigation;

4. Remains convinced that close parliamentary oversight of the investigation into this case can be crucial to elucidating Mr. Tengku Nashiruddin Daud's murder; and therefore reiterates its wish to ascertain whether there is still a parliamentary body responsible for overseeing the investigation into Mr. Daud's murder, or whether the parliament is doing any other regular monitoring of this case;

5. Believes that the peace process may provide an avenue to help elucidate Mr. Daud's murder; and would appreciate being sent the observations of the parliamentary authorities in this respect;

6. Notes that the Memorandum of Understanding provides for the establishment of a Human Rights Court for Aceh; and would appreciate receiving information as to whether the Court would be competent to help elucidate Mr. Daud's murder and to hold the culprits to account;

7. Requests the Secretary General of the IPU to convey this resolution to the parliamentary authorities and the source;

8. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 114^th IPU Assembly (May 2006).

* The delegation of Indonesia took the floor to state that the parliament had set up a monitoring team. It rejected the reference to the military in the seventh preambular paragraph, and stated its disapproval of further consideration of this case.

 

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