Stop Religion Discrimination and Release the Prisoners of Conscience

On February 7, 2017 the Public Prosecutor of the East Jakarta District Court demanded sentences for the three former leaders of the Gafatar of 12 years in prison for Mahful Muis and Abdussalam, and 10 years in prison for Andry Cahya for alleged violation of the Indonesian Criminal Code, Article 156 (a) of blasphemy and Article 110 jo. 107 of treason.

The trial stems from the Mempawah tragedy that occurred in early 2016, of which around 8000 former members of the Gafatar lost their homes and valuable documents, their assets were looted and also forcedly evicted from their lawfully farming lands by irresponsible group of people. This tragedy occurred due to the hatred issues that spread by certain groups who dislike them. The farming activity of the former members of Gafatar had been accused as a cover for other activities such as spreading deviant teachings and forming a new state. This accusation led the Indonesian Ulema Council to release a Fatwa (opinion) that stated the Gafatar as deviant, which then followed by the release of the Ministerial Joint Decree that banned all activities of Gafatar as it is considered as "misguided and misleading".

To overcome this matter, the Government organized a colossal repatriation for all former members of Gafatar in the West Kalimantan and returned them into their homelands. They conducted massive sweeping in all farming areas and charges the former leaders with blasphemy and treason.

The tragedy above shows numbers of human rights violation conducted by the mainstream groups. Sadly, the Government that should protect its vulnerable citizens, in fact it acted as the perpetrator. The following facts are several human rights violations suffered by the former members of the Gafatar since the Mempawah tragedy in early 2016 up until the trials 2017:

1. More than 8000 people in total lost their homes, farms and assets in Kalimantan.
2. 734 people lost their homes and valuable documents from the arson incidence.
3. Estimate of 8000 people experienced physical criminalization and hate speech during the process of eviction and forced repatriation back to their homelands.
4. Estimate of 5000 people were experiencing discrimination for being minority during their stay in the shelters.
5. They were forced to follow the mainstream religious rituals in the Shelters.
6. The stigmatism of being misguided and misleading act like shackles for the society to confine the former members of the Gafatar for being different than majority mainstream.

Furthermore, justice has not been served in the trial of the three former leaders of Gafatar. Numerous incongruities showed during their trials. Here are some of them:

1. The content of the witnesses’ dossiers (BAP) all were identical as in ‘cut and paste’ from the previous BAP, of which the content has been directed as the investigator’s desired.
2. There was negligence in the Administration of Justice, where the Investigation Warrant on behalf Abdussalam (Second defendant) and Andry Cahya (Third defendant) were absence. The charges of violation Article of treason in the Criminal Code were added during the investigation process. Meanwhile, their summonses were regarding the Blasphemy crime and the violation of treason has never been mentioned.
3. The unfair treatment from the board of judges. The Judges granted the Prosecutor Team a numerous opportunity to present witnesses as many as 10 times, while the Defense Team were only allowed to present witnesses for 5 times during the whole trials.
4. On the Exception of the Defense Attorneys, the Prosecutor Attorneys admitted that they never done any evaluation after the three Ministerial Joint Decree was released. They also admitted that the prosecution was merely based on the Discretion and the Indictment given contains the judicial event that occurred eight years ago (2009).
5. The Prosecutor demands ignored the facts that had been delivered during the trials.

Freedom of Religion and Belief is the rights for every citizen that is constituted by the laws and this is no exception for the three Defendants. Particularly when the facts delivered in the trials all indicated that there was no blasphemy action committed by the three defendants. The fact that the Defendants have different perception than the mainstream religion is in fact not violating any laws.

These three Defendants are in fact the victims of discrimination and criminalization for being minority in this nation. It is difficult to understand when the victims of brutalized human rights violation done by certain groups are the ones that need to be responsible for the perpetrator’s crime. It is important to be remembered that the freedom of thought, religion and belief are guaranteed by Indonesian Constitution of 1945, Article 29 of the Constitution, Act No. 12 of 2005 and Act No. 39 of 1999.

There are too many incidents where the minority groups have been discriminated and criminalized by the mainstream groups in Indonesia. Therefore, I as good citizens, which upholds the laws and regulations, as regards to respects in human rights, hereby declare as follows:

1. Granting freedom for the three defendants and freed them from all sentence demands.
2. Restore good name for the three defendants and also all the former members Gafatar in general.
3. Granting full freedom in manifest thoughts, Religion, Belief and expression peacefully in Indonesia, despite it is different than the mainstreams.

Thus, I submit this petition in hoping to gain supports and can be implemented for the sake of justice. Hence, we can live peacefully in diversity.

Kindest Regards.