HRDs being interviewed by journalists


Indonesia: Open Letter to the President Regarding the Criminalisation of Haris Azhar

9 December 2016

Photo Credit: ANTARA/Widodo S. Jusuf /

In an open letter to the President of Indonesia, NGOs stand in solidarity to request that the government drop the defamation charges against human rights defender Haris Azhar.

Mr. Haris Azhar, Executive Coordinator at KontraS, the Commission for “The Disappeared” and Victims of Violence was reported on 3 August 2016 for a social media post, which was written based on the 2014 testimony of executed death row inmate, Mr. Freddy Budiman. The writing disclosed how high-ranking officials of Polri, BNN, and TNI have been profiting from drug trafficking in Indonesia.

Find the full statement below:


22 August 2016


His Excellency

President Joko Widodo


Chief of National Police of Republic Indonesia

Markas Besar Polisi Republik Indonesia (Polri)

National Military Forces Commander of Republic Indonesia

Markas Besar Tentara Republik Indonesia (TNI)

National Narcotics Agency of Republic Indonesia

Badan Narkotika Nasional (BNN)

Re: Indonesian Government Should Respect the Right to Freedom of Expression and Opinion and Stop the Criminalisation of Mr. Haris Azhar

Dear Sir,

We, the Asian Forum for Human Rights and Development (FORUM-ASIA), a regional human rights organization along with our 58 members from 19 countries across Asia, express our dismay at the defamation complaints against a prominent human rights defender, Mr. Haris Azhar, who exposed alleged corruption and collusion between high-level law enforcement officials and groups linked to drug trafficking in Indonesia.

Mr. Haris Azhar, Executive Coordinator of Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (KontraS), was reported by the National Police (Polri), National Military Forces (TNI) and National Narcotics Agency (BNN) on 3 August 2016 for a social media post, which was written based on the 2014 testimony of executed death row inmate, Mr. Freddy Budiman. The writing disclosed how high-ranking officials of Polri, BNN, and TNI have been profiting from drug trafficking in Indonesia.

We deeply regret the action taken by the three law enforcement institutions. Instead of pro-actively initiating fact-finding efforts based on Mr. Azhar’s writing, they lodged defamation complaints against him using the notorious Article 27 paragraph (3) of Law No. 11 of 2008 on Electronic Information and Transaction Law (EIT Law), which has been repeatedly used to restrict the right to freedom of expression and opinion. This goes entirely against the spirit of the 1945 Constitution of the Republic of Indonesia, which was founded on the values of democracy and human rights.

What Mr. Azhar did should be seen as a means of promoting accountability and the rule of law. Disclosing information in the public interest is something that the Government should encourage. Public participation is a key factor in the success of the Government’s effort to combat drug trafficking in Indonesia. Protection against retaliation for such a disclosure should be strengthened.

International human rights treaties ratified by the Government of Indonesia, in particular the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression and opinion, bind on State and its agents, including law enforcement officials. Polri, TNI, and BNN, as key actors in law enforcement in Indonesia, should respect the right to freedom of expression and opinion as a basic human right. They should be on the same side as human rights defenders who are exposing possible crimes committed by law enforcement officials, as well as conducting thorough investigations of their respective institutions. The Government should ensure that the current ongoing internal investigations done by Polri, TNI, and BNN are transparent, accountable, and independent.

We understand that Polri, TNI, and BNN have currently put the complaints against Mr. Azhar on hold, awaiting the results of their internal investigations. However, what has conspired so far, and what might still follow, still constitutes a further step in the shrinking of civic space and curtailing of the right to freedom of expression and opinion. The three law enforcement institutions can pull the “trigger” at any time to continue the criminalization of human rights defenders, as well as shackling the space for criticizing the Government or state officials.

Therefore, we would like to urge you, President Joko Widodo, to take the following steps:

Request Polri, TNI, and BNN to withdraw the defamation complaints against Mr. Azhar, and ensure and maintain the transparency, accountability, and independence of the ongoing internal investigations of Polri, TNI, and BNN.

Encourage the House of Representatives, which is currently discussing the amendments to EIT Law, to reconsider the existence of Article 27 paragraph (3) given its potential to severely restrict the right to freedom of expression and opinion in Indonesia.

Ensure the strengthening of protection mechanisms for witnesses and whistle-blowers as the pivotal parties in upholding the rule of law in Indonesia from any acts of retaliation, especially defamation charges.

Ensure the safety and protection of human rights defenders about their legitimate human rights work to establish an enabling environment for the rule of law and human rights in Indonesia.

Thank you for your attention. Your commitment to the protection of human rights is highly appreciated.


Mukunda Kattel

Director, FORUM-ASIA

On behalf of the following member organizations of FORUM-ASIA:


CSHRN – Civil Society and Human Rights Network


ASK – Ain O Salish Kendra (Law and Mediation Center)

MLAA – Madaripur Legal Aid Association


RIC – Resource Integration Center

RMMRU – Refugee and Migratory Movements Research Unit


Equality Myanmar


ADHIKAR – Center for Social Action Documentation Research & Training

Dalit Foundation

FARR – Friends’ Association for Rural Reconstruction

MASUM – Banglar Manabadhikar Suraksha Mancha

PW – People’s Watch

PVCHR – People’s Vigilance Committee on Human Rights

RDS-LRSA – Rural Development Society

SICHREM – South India Cell for Human Rights Education and Monitoring

HRA – Human Rights Alert


AJI – The Alliance of Independent Journalists Indonesia

HRWG – Indonesia’s NGO Coalition for International Human Rights Advocacy – Human Rights Working Group

IMPARSIAL – Inisiatif Masyarakat Partisipatif untuk Transisi Berkeadilan

KontraS – The Federation of Commission for the Disappeared and Victims of Violence

PBHI – Indonesian Legal Aid and Human Rights Association

SAMIN – Yayasan Sekretariat Anak Merdeka Indonesia

YLBHI – Indonesia Legal Aid Foundation


ERA Consumers – Education and Research Association for Consumers

SUARAM – Suara Rakyat Malaysia

KOMAS – Pusat Komunikasi Masyarakat

The Maldives

MDN – Maldivian Democracy Network


CHRD – Center for Human Rights and Development

GI – Globe International


CSRC – Community Self Reliance Centre

INSEC – Informal Sector Service Center

WWS – Women’s Welfare Society


B4A – Bytes for All (ICTs for development, democracy and social justice)

HRCP – Human Rights Commission of Pakistan

NCJP – National Commission for Justice and Peace

PODA – Potahar Organization for Development Advocacy

SPARC – Society for the Protection of the Rights of the Child

AWAZCDS – AWAZ Foundation Pakistan: Centre for Development Services

AWAM – Association of Women for Awareness & Motivation

The Philippines

PAHRA – Philippine Alliance of Human Rights Advocates

PLRC – PILIPINA Legal Resources Center

TFDP – Task Force Detainees of the Philippines

TK – Tanggol-Kalikasan – Public Interest Environmental Law Office


Think Centre

South Korea

KHIS – Korean House for International Solidarity

PSPD – People’s Solidarity for Participatory

Sri Lanka

INFORM – Human Rights Documentation Centre

LST – Law and Society Trust


TAHR – Taiwan Association for Human Rights

CW – Covenants Watch

Click here to download the open letter (PDF)