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130. By letter dated 31 December 2004, the Government of India informed the
Special Rapporteur that, with respect to the last allegation in the communication dated
15 March 2004, inquiries had revealed that since March 2003 the Crime Branch of
Ahmedabad city had been investigating a number of cases where a number of accused
had been arrested and witnesses examined. These cases were serious in nature and
triggered the provisions of various sections of relevant legislation, including the Arms
Acts and the Prevention of Terrorism Act (POTA).
131. According to the Government’s response, during the course of the
investigations, a number of people were summoned and their statements recorded as
being witnesses of the incidents. They were neither detained nor threatened by any
personnel of the Crime Branch. The accused also did not have any complaint against
the Crime Branch officers; it was apparent from the court records that whenever they
were produced before the various magistrates/judges, no complaint was made. The
Government suggested that, since the offences were serious in nature and provisions
of POTA were invoked, the accused and their relatives might have made the
allegations to avoid or prevent their arrests. Members of both Hindu and Muslim
communities were arrested and thus the allegations of the use of POTA against
Muslims were baseless.
Indonesia
Communications and replies received
132. On 15 March 2004, the Special Rapporteur sent a communication to the
Government of Indonesia concerning allegations that under a draft bill drawn up by
the Religious Affairs Ministry, interreligious marriage and interreligious adoptions
would be banned. Furthermore, the bill would allegedly prohibit people from
attending religious ceremonies of a different faith and ban teachings that “deviate
from the main teachings of that religion”. It was also reported that the bill stipulated
that places of worship could be established only with the permission of the
Government. The draft had been criticized by religious leaders, who claimed it was
biased against minority groups, such as animist-based faiths practised by many people
in Kalimantan and Papua, and allowed the State too much interference in private
religious practice. The proposed bill reportedly only recognized five religions as
official religions in Indonesia. The draft bill failed to recognize Confucianism as an
official religion, which seemed to contradict the 2002 presidential decree that included
Lunar New Year – a Confucian religious day – as an official religious holiday. The
Special Rapporteur also mentioned a series of attacks on mostly Christian villages in
the Poso area of Central Sulawesi, reportedly raising fears of a return to the sectarian
clashes between Muslims and Christians that afflicted Sulawesi and the neighbouring
Maluku islands between 1999 and 2001. It was reported that the situation started to
deteriorate in Poso following the killing of at least 10 people in the regency and in
neighbouring Morowali regency on 12 October 2003. Later, a mob reportedly beat to
death a 23-year-old Christian man during a protest over the fatal shooting by police of
a suspect in the October attacks. In November 2003 an elderly church official and his
driver were reportedly killed in Poso by unknown gunmen. Between 26 November
and 30 November 2003, two separate attacks left four people dead in Poso. In the first
attack on the village of Kilo Trans two migrants from mainly Hindu Bali were killed.