The undersigned organisations, human rights groups, and defenders are calling for the Indonesian Government to end its judicial harassment against prominent human rights defenders, Fatia Maulidiyanti and Haris Azhar as well as to further protect all human rights defenders in the country.
Fatia and Haris’ Indictment
Fatia is the former coordinator of the Commission for the Disappeared and Victims of Violence (KontraS) from 2020 to 2023; meanwhile, Haris is the co-founder of Lokataru Foundation. They are both facing a defamation charge under Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the Electronic and Information Transaction (EIT) Law.
Fatia and Haris have experienced 28 hearings since 3 April 2023. During the indictment reading on the 28th hearing on 12 November, the lead prosecutor advised the Court to sentence Fatia to three years and six months in prison alongside a fine of 500,000 rupiah (USD32), and Haris to four years in prison alongside a fine of one million rupiah (USD65). The latter is the maximum punishment set under the (EIT) law.
The case was brought by Luhut Binsar Pandjaitan, the Coordinating Minister of Maritime and Investment Affairs, after the duo appeared on Haris’ YouTube channel to discuss a report alleging the involvement of several national and multinational companies in mining operations in Intan Jaya, Papua. The allegations included those affiliated with political figures such as Panjaitan.
‘We are extremely concerned about the indictment of Fatia and Haris as this reveals just how dangerous it is to be a human rights defender in Indonesia. For merely speaking truth to power, seeking justice and accountability, and expressing evidence-based criticisms against the government, the likes of Fatia and Harris are being silenced. Such judicial harassment would have never happened in a healthy democratic context. Fatia and Harris’ ordeal reveals the deterioration of Indonesia’s civic and democratic space,’ the groups said collectively.
Breaching international obligation
The ongoing criminalisation of Fatia and Haris is in contravention with several of Indonesia’s international commitments, including the International Covenant on Civil and Political Rights (ICCPR). Instead of upholding people’s right to freedom of expression, the government chose to deploy defamation charges against Fatia and Harris. Indonesia has also breached its pledge–made upon its reelection as a member of the United Nations Human
Rights Council from 2024 to 2026–to preserve the fundamental civil and political rights of all persons.
Call for Action
The criminalisation of Fatia and Haris for simply criticising a government official is a breach of Indonesia’s obligation to uphold people’s fundamental freedoms–especially free expression– under the ICCPR. Such criminalisation not only undermines the work of human rights defenders, but also creates a chilling effect on free speech and dissenting voices. Therefore, leading to the verdict, scheduled to be given on the 18th December, it is imperative for all stakeholders–including the international community and general public–to urge the Court to acquit Fatia and Haris of all charges and for the government to immediately end judicial harassment against the defenders.
‘We are in solidarity with Fatia and Haris. We cannot remain silent. The work of human rights defenders is and will always be essential to upholding democracy and human rights for all. We call on the Indonesian Government to stop its criminalisation of defenders and to refrain from enacting further harm against them,’ the groups voiced together.
Signatories:
1. Agora International Human Rights Group
2. Ain o Slaish Kendra (ASK)
3. Aliansi Jurnalis Independen (AJI)
4. ALTSEAN-Burma
5. Amnesty International Indonesia
6. ANTI
7. Anti Death Penalty Asia Network (ADPAN)
8. ASEAN Regional Coalition to #StopDigitalDictatorship
9. ASEAN SOGIE Caucus
10. ASEAN Youth Forum
11. Asia Alliance Against Torture (A3T)
12. Asia Democracy Network
13. Asia Justice and Rights (AJAR)
14. Asian Federation Against Involuntary Disappearances (AFAD)
15. Asian Forum for Human Rights and Development (FORUM-ASIA)
16. Asosiasaun HAK (Timor-Leste)
17. AWAM Pakistan
18. AwazCDS-Pakistan
19. Banglar Manabadhikar Suraksha Mancha (MASUM) India
20. Bir Duino
21. Bytes for All, Pakistan (B4A)
22. Canadian Civil Liberties Association
23. Capital Punishment Justice Project (CPJP)
24. Centre for Human Rights and Development (CHRD)
25. Centro de Estudios Legales y Sociales (CELS)
26. CIVICUS: World Alliance for Citizen Participation
27. Civil Society and Human Rights network (CSHRN)
28. Commission for the Disappeared and Victims of Violence (KontraS)
29. Community Resource Centre (CRC)
30. Cross Cultural Foundation (CrCf) Thailand
31. DAKILA
32. Defence of Human Rights Pakistan
33. DeJusticia Colombia
34. Dignity-Kadyr-kassiyet (KK)
35. Egyptian Initiative for Personal Rights
36. ELSAM
37. Ensemble contre la peine de mort (ECPM)
38. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
39. Franscisans International
40. Frontline Defenders
41. Harm Reduction International
42. Human Rights and Development Foudation (HRDF) Thailand
43. Human Rights Defenders’ Alert – India (HRDA)
44. Human Rights Hub (HRH)
45. Human Rights Law Centre (HRLC) Australia
46. Human Rights Law Network (HRLN) India
47. Human Rights Lawyers Association Thailand
48. Human Rights Watch
49. Human Rights Working Group (HRWG)
50. Humanis
51. Imparsial
52. Indonesia Legal Aid Foundation (YLBHI)
53. INFORM Human Rights Documentation Centre
54. Initiatives for International Dialogue (IID)
55. International Network of Civil Liberties Organizations (INCLO)
56. Judicial System Monitoring Program (JSMP)
57. Karapatan Alliance Philippines (KARAPATAN)
58. La'o Hamutuk
59. Law and Society Trust (LST)
60. League for the Defence of Human Rights in Iran (LDDHI)
61. Legal Aid and Human Rights Association (PBHI)
62. Legal Resource Centre (LRC)
63. Liberty — United Kingdom
64. Madaripur Legal Aid Association (MLAA)
65. Maldivian Democracy Network (MDN)
66. Manushya Foundation
67. Medical Action Group (MAG) Philippines
68. Milk Tea Alliance Indonesia (ID Milk Tea)
69. Milktea Alliance - Friends of Myanmar
70. MUSAWI Pakistan
71. National Commission for Justice and Peace (NCJP)
72. New Naratif
73. Odhikar Bangladesh
74. People’s Watch – India
75. People's Solidarity for Participatory Democracy(PSPD)
76. Philippine Alliance for Human Rights Advocates (PAHRA)
77. Programme Against Custodial Torture and Impunity (PACTI)
78. Progressive Voice
79. PurpleCode Collective
80. Pusat KOMAS
81. Pusat Studi Hukum dan Kebijakan (PSHK)
82. Refugee and Migratory Movements Research Unit (RMMRU)
83. RRR Collective
84. Safety and Risk Mitigation Organization (SRMO)
85. SHAPE-SEA
86. South Asia Youth Network (SAYN)
87. Southeast Asia Freedom of Expression Network (SafeNet)
88. Sri Lanka Democracy Network (SLDN)
89. Suara Rakyat Malaysia (SUARAM)
90. Task Force Detainees of the Philippines (TFDP)
91. The Asia Alliance Against Torture (A3T)
92. The Awakening – A Society for Social & Cultural Development
93. The Human Rights Measurement Initiative (HRMI)
94. The Hungarian Civil Liberties Union
95. The Indonesian Legal Aid and Human Rights Association (PBHI)
96. The Irish Council for Civil Liberties (ICCL)
97. Think Centre
98. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
99. YAPPIKA
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