1. INTRODUCTION
"There is no justice, we are sentenced as separatists. Can they prove this? Peoplewho commit 'rebellion' (makar(1)) are usually armed. We never took up weapons.The only thing we did was to show a piece of cloth"(2)
Johan Teterissa, the leader of the 23 Cakalele dancers, Maluku
On 29 June 2007, at least 23 men performed the 'Cakalele' dance (a traditional Maluku war dance) in front of Indonesia's President, Susilo Bambang Yudhoyonoin Ambon, Maluku province, Eastern Indonesia (See map of Indonesia and Maluku province, p.3435). At the end of their performance, the Moluccan dancersdisplayed the 'Benang Raja' flag, symbol of South Maluku independence, before central government, foreign and provincial officials. Indonesian law forbids thedisplay of regional logos or flags which are symbols of separatist movements.
Police immediately arrested 22 of them,(3) who are for the most part farmers. While transporting them to local police stations they beat some of them. Most of themen were stripped naked, beaten with sticks, electric cables and rifles, and repeatedly thrown into the sea and dragged out again by police while they werebleeding. Police denied all 22 Cakalele dancers access to their families, friends and lawyers immediately following the arrests and during the first 11 days of theirpretrial detention. All have now been convicted of 'rebellion' against the state (makar) under Articles 106 and 110 of Indonesia's Criminal Code (KUHP, KitabUndangUndang Hukum Pidana) and sentenced to between seven and 20 years' imprisonment. Moreover, their trials failed to meet international standards offairness.
The Indonesian government has the duty and the right to protect life and to maintain public order within its jurisdiction. This is particularly relevant in a provincelike the Maluku, the setting of an intercommunal conflict between Christian and Muslim groups between 1999 and 2002, and sporadic violent clashes thereafter (see section 2. on historical background).
However the authorities' response should differentiate between armed groups and peaceful political activists, in line with its obligation to uphold internationalhuman rights standards. In particular the Indonesian authorities should respect the rights to freedom of expression and to peaceful assembly, and ensure thatany restrictions on these rights are no more than is permitted under international human rights law and in particular the International Covenant on Civil andPolitical Rights (ICCPR), to which Indonesia is a state party.(4)
Further, the Indonesian government should abide by its international human rights legal obligations at all times. These include ensuring that torture and othercruel, inhuman or degrading treatment (other illtreatment) are prohibited and that this prohibition is enforced in practice; that any officials who commit suchviolations are held accountable; that trial procedures comply with international standards; and that no one is imprisoned for the peaceful advocacy of their politicalviews.
In the case of the 22 dancers, the response from the authorities was in clear violation of the international human rights standards set out in the ICCPR. Theflagraising event was peaceful and did not advocate or incite violence;(5) and the force deployed by police was unnecessary and excessive. Moreover, not only werethese 22 peaceful political activists arbitrarily arrested and detained, but the courts sentenced them to long term imprisonment after unfair trials. In addition,according to a variety of credible sources, police subjected them to torture and other illtreatment during arrest and detention.
Amnesty International has long campaigned for the right to freedom of expression and assembly to be respected worldwide. Peaceful political activists, includingthose who support independence, have the right to express their political views. The organization considers the 22 Cakalele dancers to be prisoners ofconscience imprisoned solely for peacefully expressing their political views. As such they should be released immediately and unconditionally.
