E/CN.4/1989/44
page 15
"It has been reported that two Roman Catholic catechists (names
provided), continue to be held in L.P. Becora prison in Dili."
41. On 14 October 1988, the Permanent Mission of Indonesia addressed a reply
to the Special Rapporteur, recallinq the relevant provisions of the
Constitution and stating, in particular:
"... Indonesia is a nation composed of various ethnic groups and
every effort is made by the Government to protect the rights of all
Indonesian citizens, including the right to practise the religion of
their choice. The Government actively encourages the promotion of
religious activities and its commitment in this respect has been
evidenced by the contributions of the Government to the building of
mosques, temples and churches in order that the people can practise the
reliqion of their choice. Given the ethnic and cultural diversity of
Indonesian society, it is clear that the question of religion is a very
sensitive issue. It is therefore self-evident that every care is taken
when dealing with matters which may have religious overtones. If some
religious followers have been arrested or imprisoned or if some public
seminars have been banned, this is not because the individuals concerned
are adherents of a particular religion but because they committed acts
which could, given the sensitive nature of their activities, produce
social unrest and public disorder. The cases of those in question were
heard in courts which were held in public and the individuals concerned
were tried with due process of law. Moreover, their right to be defended
by legal advisers was respected.
"... while the Government is fully committed to promoting religious
toleration and takes active steps to harmonize the various different
religious activities, it is clear that the Government must also take the
necessary measures to maintain law and order for the benefit of Indonesian
society as a whole in order that the stability necessary for national
development is maintained.
"... with regard to the specific cases contained in your
communication, the Government of Indonesia would like to make the
following points/observations:
"(a) The case of Mr. (name provided), a Muslim, aged 27, born on
20 August 1961 at Gambiran U H XIII/64 Jogyakarta, a student of political
science at the University of Jogyakarta. Mr. ... was sentenced in
February 1987 to 12 years' imprisonment by the Court of First Instance of
Banyumas which was subsequently reduced to 9 years after an appeal to a
Hiqher Court on 30 April 1987. This decision was confirmed by the
decision of the Supreme Court on 18 August 1987 since he was found guilty
of having committed a crime under article 7, paragraph 1, of the
Anti-Subversion Law (Law No. 11 of 1963), together with article 55,
paragraph 1, of the Penal Code.
"Article 7, paragraph 1, of the Anti-Subversion Law states that an
individual shall be guilty of subversion if he or she commits a crime
with the purpose of: