Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 353, Mars 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 120. The Committee examined this case, which concerns alleged violations of fundamental human rights during the arrest and detention of trade union leader Mr Sarta bin Sarim (arrest without judicial warrant for normal trade union activities, prolonged preventive detention by the police in degrading conditions, physical abuse during custody, refusal to inform him of the charges, obstacles in communicating with his lawyer and family, denial of conditional release by the police and not a court of law) and the possibility of him facing further adverse consequences (dismissal) in case he is found guilty of the charges placed upon him (“instigation” and “unpleasant acts” under sections 160 and 335 of the Criminal Code, the respectively) at its March 2008 meeting [see 349th Report, paras 872–899]. On that occasion, the Committee formulated the following recommendations:
   • (a) The Committee requests the Government to carry out an independent investigations into the allegations of grave human rights violations against Mr Sarta bin Sarim (arrest without judicial warrant for normal trade union activities, prolonged preventive detention by the police in degrading conditions, physical abuse during custody, refusal to inform him of the charges, obstacles in communicating with his lawyer and family, denial of conditional release by the police and not a court of law) and, if the allegations are found to be true, to take the necessary measures to compensate Mr Sarta bin Sarim for any damage suffered and to punish those responsible so as to prevent the repetition of such acts. The Committee requests to be kept informed of developments in this respect.
   • (b) Recalling that while persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists, the Committee urges the Government to:
   • (i) issue appropriate instructions to prevent the danger of trade unionists being arrested by the police for normal trade union activities, such as, for instance, peaceful May Day processions and, moreover, without judicial warrants having been issued;
   • (ii) repeal or amend sections 160 and 335 of the Criminal Code on “instigation” and “unpleasant acts” so as to ensure that these provisions cannot be used abusively as a pretext for the arbitrary arrest and detention of trade unionists; and
   • (iii) take all the necessary measures to educate the police in relation to its action in industrial relations contexts.
     • The Committee requests to be kept informed of developments in this respect.
   • (c) The Committee requests the Government to keep it informed of the outcome of the appeal lodged by the Confederation of Indonesian Prosperity Trade Union (KSBSI) against the decision of the District Court of Tangerang having found Mr Sarta bin Sarim guilty of committing “unpleasant acts”, and to communicate the text of the ruling handed down on appeal.
   • (d) The Committee requests the Government to provide information on the current employment condition and trade union status of Mr Sarta bin Sarim.
2. 121. In a communication dated 18 September 2008, the Government indicates that the case has been properly settled according to the Indonesian regulations and system. Mr Sarta bin Sarim received the decision of the Tangerang District Court and did not lodge an appeal. Both parties agreed on all matters and signed a collective agreement dated 15 December 2007 on the basis of which Mr Sarta bin Sarim received severance pay (the Government attaches a copy of the agreement and the receipt of the severance pay). Since he had already served his sentence, he has since worked actively as an official of the Tangerang Branch Office of the Indonesian Prosperity Trade Union (SBSI).
3. 122. The Committee takes note of the Government’s information in relation to the outcome of Mr Sarta bin Sarim and his current status. It regrets the fact that the Government has not provided any new information on the issue of investigating the allegations of human rights abuses, nor in respect of its other recommendations. It therefore trusts that the Government will:
   • (i) issue appropriate instructions to prevent the danger of trade unionists being arrested by the police for normal trade union activities;
   • (ii) repeal or amend sections 160 and 335 of the Criminal Code on “instigation” and “unpleasant acts” so as to ensure that these provisions cannot be used abusively as a pretext for the arbitrary arrest and detention of trade unionists;
   • (iii) continue to take all the necessary measures to educate the police in relation to its action in industrial relations contexts.
4. 123. The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.