On August 2, 2016, the National Police, the Indonesian Military (TNI), and
the National Narcotics Agency (BNN) each filed complaints against Haris
Azhar for defamation under the 2008 Electronic Information and
Transactions Law. The law, which prohibits any person from distributing,
transmitting, or making accessible electronic information “with
contents of affronts and/or defamation”, carries a penalty of up to six years in
prison and a one billion Rupiah (approximately 68,500 Euro) fine.
The defamation complaints stem from an article that Haris Azhar wrote and
subsequently published on social media on July 28, 2016. In the article,
titled “The Dark Story of a Bandit: testimony from a meeting with
Freddy Budiman in Nusakambangan Prison (2014)”, Haris Azhar detailed
statements made by the convicted drug lord who was executed on July 29,
2016. According to him, police officials, including officials from the
National Police and BNN, regularly received kickbacks from his drug
business.
“
Instead of pursuing defamation charges against Haris Azhar, the authorities
must investigate the alleged corruption of police officials. The right to
scrutinise institutions and report on allegations of corruption is a
legitimate exercise of Haris’ right to freedom of opinion and
expression”, said FIDH President Karim Lahidji.
Police are now
considering summoning Haris Azhar for questioning. Police Chief Spokesman General Boy Rafli Amar said
that the allegations made by Haris Azhar needed to be backed by proof.
Drug smuggling is a prominent issue in Indonesia.
In 2015, Indonesia executed 14 individuals who had been convicted of
drug-related offenses. So far, four individuals have been executed for drug
crimes in 2016.
“
Authoritative UN
jurisprudence has confirmed that criminal defamation laws should not be
invoked if there is a public interest in the subject matter of the
criticism. We urge the Indonesian authorities to drop all charges seeking
criminalisation of the legitimate human rights activities of Haris
Azhar”, said OMCT Secretary General Gerald Staberock.
For more information, please contact:
•
FIDH: Arthur Manet: + 33 143552518
• OMCT: Miguel Martín Zumalacárregui / Chiara Cosentino:
+32 4966903 / Delphine Reculeau: +41 228094934