http://action.humanrightsfirst.org/human_rights_first/home.htmlHuman Rights Firsten&#169; 2004http://action.humanrightsfirst.org/campaign/Usmanhttp://action.humanrightsfirst.org/campaign/Usman<P> <P><EM></EM></P> <P><IMG src="http://img.getactivehub.com/dawn/custom_images/human_rights_first/mega-case-ushamid.jpg" align=right border=0>Usman Hamid, Coordinator of the Commission for Missing Persons and Victims of Violence (KontraS), is being investigated for criminal defamation. The Jakarta police investigation was instigated by the same retired State Intelligence Agency official alleged to have orchestrated the murder of Hamid's late colleague, noted human rights lawyer Munir Said Thalib.</P> <P>Mr. Hamid has been one of the most persistent voices in the effort to hold accountable all those responsible for the fatal poisoning of Munir in September 2004. Retired Major General Muchdi Purwopranjono was acquitted of murder on December 31, 2008, after a trial marred by allegations of witness intimidation and the presence of intimidating groups in the courtroom. Outside the court, Usman Hamid criticized the verdict and, according to media reports, asserted that Muchdi had murdered Munir.</P> <P>Criminal defamation charges are used by many governments that wish to silence their political opposition. This violation of Usman Hamid's freedom of expression is a 180-degree departure from the course the Indonesian government should be pursuing: vigorous and just prosecution of all those, no matter how powerful, who had a hand in the murder of Munir.</P> <P><STRONG>Take action now to urge President Susilo Bambang Yudhoyono to end the investigation of Usman Hamid and to reinvigorate investigation and prosecution of Munir's killers.</STRONG><BR></P> <P>Alert Date: September 18, 2009</P>alert2009-09-182009-12-02http://img.getactivehub.com/alert_images/take_action.gifPresident of the Republic of Indonesia Susilo Bambang YudhoyonoI was troubled to hear that Usman Hamid, Coordinator of KontraS, is now the subject of a criminal defamation investigation, thanks to accusations by Muchdi Purwopranjono. Muchdi's trial for murder of Munir Said Thalib, Usman Hamid's late colleague, was marred by systematic intimidation and witness tampering. Following the trial, Mr. Hamid exercised his right to free expression, indicating to supporters that he believed justice had not been done. On September 3, 2009, he received a summons accusing him of criminal defamation. Mr. Hamid reported to the Jakarta Regional Police on September 9, 2009, and the investigation is pending. As you stated five years ago, the case of Munir's murder is a test for Indonesia's history. Under your leadership, the country has made significant progress toward stable democracy. Unfortunately, however, the country has not yet passed the test you set out for it. Your recent re-election allows you the opportunity to ensure that Indonesia's government successfully meets the challenge of holding to account all those responsible for Munir's murder. I urge you not only to persevere in that pursuit, but also to ensure that those supporting the pursuit do not see their own rights violated. Mr. Hamid has worked within the government system to ensure that justice is done for Munir. He served on the independent fact-finding team (Tim Pencari Fakta, or TPF) that you created. He and his colleagues at KontraS, Imparsial, and other organizations continue to provide information to the attorney general's office. Mr. Hamid, like all human rights defenders who work in a non-violent manner to promote and protect the human rights of all citizens, deserves the government's respect, not its investigation. I therefore hope you will ensure that the prosecutors distinguish between defamation and free speech. Furthermore, criminal defamation laws have no place in a government that welcomes political opposition. Freedom of expression, which such laws violate, is a critical element to any stable democracy. I therefore hope you will work to ensure that Indonesia's criminal defamation laws are repealed. Finally, I hope that you will ensure that the historic case of Munir does not collapse, by releasing the TPF's report, as well as by reactivating the police investigation team to find more and new evidence or creating an independent team to investigate the apparent witness tampering that occurred during Muchdi's trial. Thank you for your attention to this matter. I will continue to monitor this case closely. cc: General Bambang Hendarso Danuri Chief of Indonesia National Police Jl. Trunojoyo No.3 Jakarta 12110 Indonesia Mr. Hendarman Supandji Attorney General of the Republic of Indonesia Jl. Sultan Hasanuddin No.1 Jakarta Selatan - 12160 Indonesiahttp://action.humanrightsfirst.org/campaign/Zhovtishttp://action.humanrightsfirst.org/campaign/Zhovtis<P> <P><EM></EM></P> <P><IMG src="http://img.getactivehub.com/dawn/custom_images/human_rights_first/mega-case-Zhovtis.JPG" align=right border=0>On September 3, 2009, leading Kazakh human rights defender Yevgeny Zhovtis was sentenced to four years in prison for manslaughter. His sentence was based on charges arising from a traffic accident in which a pedestrian was killed. <BR>&nbsp;<BR>Zhovtis' trial, in a small town outside of Almaty, was marred by numerous violations of the right to a fair trial. Human Rights First is concerned that he may be the victim of a politically motivated miscarriage of justice, designed to punish him for his sustained advocacy of human rights and democracy in the Central Asian republic.</P> <P><STRONG>Take action now to urge the Kazakh authorities to grant Yevgeny Zhovtis a fair trial.</STRONG></P> <P>This would mean urging the authorities to:</P> <UL> <LI>Remove the flawed conviction against Zhovtis </LI> <LI>Re-examine the contested evidence</LI> <LI>If there is still a case after this review, the authorities should grant Zhovtis a fair trial in accordance with Kazakh and international law</LI></UL> <P>&nbsp;Alert Date: September 14, 2009</P>alert2009-09-142009-12-02http://img.getactivehub.com/alert_images/take_action.gifPresident of Kazakhstan Nursultan NazarbayevI am writing to express my concern over the recent trial and imprisonment of the prominent Kazakh human rights and democracy activist Yevgeny Zhovtis. On the evening of July 26, 2009, Mr. Zhovtis was involved in an automobile accident in which a pedestrian was killed. This was a tragic event and I express my sympathy for the victim and his family. However, I am concerned that Mr. Zhovtis, is now serving a four year prison term for manslaughter after being convicted in a trial which appears to have fallen short of international fair trial standards. Both the pre-trial phase and the actual trial violated international fair trial standards set forth in Article 14 of the International Covenant on Civil and Political Rights ratified by the government of Kazakhstan in 2006. Mr. Zhovtis appears not to have been informed, promptly and in detail, of the charges against him. He was only informed that he was a suspect in the case on August 14, after he had been fully cooperating in the investigation for almost three weeks. In addition, Zhovtis and his defense team appear not to have been permitted to challenge the forensic evidence used against him. This matter is particularly important in this case since an initial forensic report apparently exonerated Zhovtis and a second report was used to convict him. The hasty trial proceedings did not allow sufficient time for Zhovtis' defense team to prepare its closing arguments. In addition, fifteen minutes after the end of the trial, the judge was ready with a lengthy typed judgment convicting Zhovtis. This suggests a lack of impartiality and a denial of the right to presumption of innocence. The flawed conviction against Yevgeny Zhovtis should be voided on appeal and the contested evidence in the case should be re-examined to determine if there is in fact a criminal case for Zhovtis to answer. If, after this review it is decided that Zhovtis should still faces charges, then he should receive a fair trial in accordance with Kazakh and international law. Thank you for your attention to this urgent matter. I will continue to monitor this case closely.