E16 UNCLASSIFIED PTQ 3361 RELEASED IN PART BI 1 4 D CONFIDENTIAL PAGE 01 ACTION H-01 INFO JAKART 02950 '01 OF 03 PTQ3361 2804 5 2Z LOG-OO OIC-02 DS-OO EAP-01 EUR-01 TEDE-OO IO-OO SS-OO DSCC-OO SAS-OO 005W ------------------428AE2 280453Z 38 o 280448Z MAY 98 FM AMEMBASSY JAKARTA TO SECSTATE WASHDC IMMEDIATE 1801 INFO DEPTTREAS WASHDC ASSOCIATION OF SOUTHEAST ASIAN NATIONS AMEMBASSY CANBERRA AMEMBASSY ROME AMEMBASSY THE HAGUE USMISSION GENEVA USMISSION USUN NEW YORK USEU BRUSSELS USCINCPAC HONOLULU HI CON F 1 DEN T I A L SECTION 01 OF 03 JAKARTA 002950 ROME FOR THE VATICAN CINCPAC FOR FPA AMB TEARE E O 12958 DECL OS 27 08 TAGS PHUM PGOV MOPS PINR OREP ID SUBJECT CODEL SMITH CALLS ON JUSTICE MINISTER MULADI REF JAKARTA 2903 CONFIDENTIAL CONFIDENTIAL PAGE 02 JAKART 02950 01 OF 03 280452Z 1 U CLASSIFIED BY POLITICAL COUNSELOR EDMUND MCWILLIAMS TEDSTATESDEPARTMENTOFSTATE REVIEW AUTHORITY CHARLES E LAHIGUERA CLASSIFICATION CONFIDENTIAL REASON 1 4 D DECLASSIFY AFTER 27 MAY 2023 DATE CASEID 21 JUN2006 200502473 UNCLASSIFIED ADS-OO REASON 1 5 D UNCLASSIFIED 2 C SUMMARY CONGRESSMAN SMITH AND STAFFER REES ACCOMPANIED BY AMBASSADOR CALLED ON JUSTICE MINISTER MOLAnI MAY 27 SMITH WHO HAD JUST VISITED POLITICAL PRISONERS IN JAKARTA'S CIPINANG PRISON WELCOMED THE RELEASE OF SEVERAL PRISONERS AND THE PLAN TO RELEASE MORE HE URGED THAT THE RELEASES BE BASED ON PRINCIPLES AND NOT CATEGORIES MOLAnI EXPLAINED THAT THE GOVERNMENT HAD FORMED A COMMITTEE TO CONSIDER ALL RELEASES BUT THAT CERTAIN CATEGORIES HAD TO BE EXCLUDED MOLADI ALSO SAID THAT THE MILITARY HAD VETO POWER FOR ANY PRISONER PROPOSED FOR RELEASE RELEASES WOULD PROCEED STEP BY STEP BUT AS SOON AS POSSIBLE SMITH ALSO RAISED OTHER HUMAN RIGHTS CONCERNS INCLUDING TORTURE USE OF THE ANTI-SUBVERSION LAW REPORTS OF MILITARY REPRESSION IN IRIAN JAYA RELEASE OF EAST TIMORESE LEADER XANANA GUSMAO MILITARY ACCOUNTABILITY AND DISAPPEARANCE CASES THE MINISTER RAISED INDONESIA'S DIRE ECONOMIC SITUATION AND SOUGHT US SUPPORT THE AMBASSADOR NOTED POSSIBLE US TECHNICAL ASSISTANCE IN PREPARING REFORM LEGISLATION IN A VARIETY OF FIELDS END SUMMARY 3 U CODEL SMITH CONGRESSMAN CHRISTOPHER SMITH AND SENIOR STAFFER JOSEPH REES ACCOMPANIED BY THE AMBASSADOR AND POLCOUNS NOTETAKER CALLED ON JUSTICE MINISTER MOLADI MAY 27 THE MINISTER WAS ACCOMPANIED BY ERMAN RAJAGUGUK DIRECTOR GENERAL FOR LAW AND LEGISLATION AND ROMLI ATMASASMITA CHAIRMAN OF THE COUNCIL OF EXPERTS IN THE MINISTRY POLITICAL PRISONERS CONFIDENTIAL CONFIDENTIAL PAGE 03 JAKART 02950 01 OF 03 280452Z 4 C CONGRESSMAN SMITH BEGAN BY EXPRES ING APPRECIATION TO THE MINISTER FOR FACILITATING HIS VISIT TO CIPINANG PRISON EARLIER IN THE DAY SEPTEL WHERE HE MET MANY POLITICAL PRISONERS MINISTER MOLAnI SAID THAT HE HAD JUST MET WITH FAMILIES OF POLITICAL PRISONERS AND THAT THE GOVERNMENT WAS ACTIVELY CONSIDERING RELEASE FOR MANY SUCH PRISONERS HE ADDED THAT HE WAS NOT ABLE TO MAKE RELEASE DECISIONS ON HIS OWN AUTHORITY DECISIONS WERE REVIEWED BY THE MILITARY AND BY OTHER CABINET MINISTERS IN RESPONSE TO SMITH'S QUESTION THE MINISTER CLARIFIED THAT WHILE DECISIONS DID NOT REQUIRE UNANIMITY IF THE MILITARY OBJECTED THEN A PRISONER UNCLASSIFIED COULD NOT BE RELEASED UNCLASSIFIED 5 C MOLAnI EXPLAINED THAT THERE WAS A PROCESS OF CATEGORIZATION OF POLITICAL PRISONERS WITH SOME PRISONERS SUCH AS THOSE ASSOCIATED WITH THE INDONESIAN COMMUNIST PARTY PKI AND THE 1965 COUP NOT TO BE INCLUDED AMONG RELEASEES MULADI SAID THAT INDONESIA WAS STILL TRAUMATIZED BY ITS EXPERIENCE WITH COMMUNISM AND THAT THEREFORE THERE COULD NOT BE RELEASES FROM THIS CATEGORY SMITH POINTED OUT THAT THESE PRISONERS WERE IN THEIR SEVENTIES AND EIGHTIES AND ASKED IF IT WOULD NOT BE POSSIBLE TO CONSIDER THEIR RELEASE ON A HUMANITARIAN BASIS MULADI RESPONDED THAT THE COORDINATING MINISTER FOR POLITICAL AFFAIRS AND SECURITY FEISAL TANJUNG HAD ALREADY SENT A LETTER TO FOREIGN MINISTER ALATAS WHO ALSO IS ON THE DECISION-MAKING COMMITTEE ON RELEASES TO PROPOSE A CATEGORY BE ADDED THAT WOULD TAKE INTO ACCOUNT AGE AND ILL HEALTH MOLAnI SAID THAT THE RELEASE-DECISION COMMITTEE WOULD MEET NEXT WEEK TO CONSIDER RELEASE OF OLD OR INFIRM PRISONERS INCLUDING COM M UNISTS HE SPECULATED THAT THERE MIGHT BE FIVE INDIVIDUALS IN THIS CATEGORY 6 C MOLAnI SAID THE GOI WOULD RELEASE PRISONERS STEP-BY-STEP CONFIDENTIAL CONFIDENTIAL JAKART 02950 01 OF 03 280452Z PAGE 04 IN ADDITION TO MEMBERS OF THE FORMER COMMUNIST PARTY RELEASEES COULD NOT BE DRAWN FROM THE RANKS OF ANYONE SEEKING TO CHANGE THE STATE IDEOLOGY OF PANCASlLA AND OR ANYONE WHO HAD BEEN INVOLVED IN GENERAL CRIMINAL OFFENSES ON THE BASIS OF THESE CRITERIA MULAnI SAID HE HAD ASKED HIS STAFF TO IDENTIFY ELIGIBLE POLITICAL PRISONERS FROM ALL OVER INDONESIA HE SAID THAT AN ADDITIONAL FIVE WOULD BE RELEASED IN THE NEXT FEW DAYS THERE WOULD ALSO BE BETWEEN FIVE AND TEN EAST TIMORESE PRISONERS RELEASED THESE HAD ONLY BEEN INVOLVED IN DEMONSTRATIONS RELEASE OF EAST TIMORESE INVOLVED IN RESISTANCE WOULD HAVE TO BE DISCUSSED WITH THE ARMED FORCES 7 C SMITH PROPOSED TO MULADI THAT RATHER THAN DEAL WITH CATEGORIES THE GOI TREAT THE ISSUE AS ONE OF RECONCILIATION BY HOLDING SOME BACK CERTAIN PRISONERS COULD DRAW THE INTEREST OF THE INTERNATIONAL COMMUNITY AS MARTYRS ON THE OTHER HAND FOR THE MOMENT SMITH NOTED MANY INTERNATIONAL OBSERVERS WERE VERY OPTIMISTIC HE ADDED THAT HE HAD SEEN FOR HIMSELF THAT THE DOOR IS NOW OPEN TO CHANGE AND THAT THIS CONSTITUTED A VERY POSITIVE UNCLASSIFIED UNCLASSIFIED CONFIDENTIAL NNNNPTQ3363 CONFIDENTIAL PAGE 01 ACTION H-01 INFO JAKART 02950 02 OF 03 PTQ3363 280452Z LOG-OO OIC-02 DS-OO EAP-01 EUR-01 TEDE-OO 10-00 SS-OO DSCC-OO SAS-OO 005W 280453Z 38 ------------------428AE6 o 280448Z MAY 98 FM AMEMBASSY JAKARTA TO SECSTATE WASHDC IMMEDIATE 1802 INFO DEPTTREAS WASHDC ASSOCIATION OF SOUTHEAST ASIAN NATIONS AME MBASSY CANBERRA AMEMBASSY ROME AME MBASSY THE HAGUE USMISSION GENEVA USMISSION USUN NEW YORK USEU BRUSSELS USCINCPAC HONOLULU HI CON F IDE N T I A L SECTION 02 OF 03 JAKARTA 002950 UNCLASSIFIED ADS-OO UNCLASSIFIED ROME FOR THE VATICAN CINCPAC FOR FPA AMB TEARE E O 12958 DECL OS 27 08 TAGS PHOM PGOV MOPS PINR OREP ID SUBJECT CODEL SMITH CALLS ON JUSTICE MINISTER MOLADI REF JAKARTA 2903 CONFIDENTIAL CON FIDENTIAL -PAGE 02 JAKART 02950 02 OF 03 280452Z MESSAGE FOR THE INTERNATIONAL COMMUNITY -- AND MORE IMPORTANTLY FOR INDONESIAN CITIZENS OTHER HUMAN RIGHTS CONCERNS 8 C TOUCHING ON THE ISSUE OF EAST TIMOR MOLADI SAID THAT CONSIDERATION WAS BEING GIVEN TO A SPECIAL STATUS FOR EAST TIMOR WHICH WOULD BE SIMILAR TO THAT ACCORDED THE CITIES OF JOGJAKARTA AND JAKARTA HE ADDED THAT THE CONCEPT WOULD BE DISCUSSED AT SENIOR LEVELS NEXT WEEK 9 C SMITH INFORMED MULADI THAT IN HIS MEETING WITH PRESIDENT HABIBIE EARLIER IN THE DAY THE PRESIDENT HAD SAID THAT THE GOI WOULD SIGN AND RATIFY THE ANTI-TORTURE CONVENTION IN RESPONSE TO SMITH'S QUESTION OF HOW THE RATIFICATION WOULD BE TRANSLATED INTO INSTRUCTIONS FOR INDIVIDUAL ARMY TROOPS AND POLICE MOLADI SAID THIS WOULD BE PART OF A NATIONAL PLAN TO DEFEND HUMAN RIGHTS AS A MATTER OF PRIORITY ADDITIONAL ELEMENTS OF THIS ACTION PLAN WOULD INVOLVE CHANGES IN KEY POLITICAL LAWS TO INCLUDE IN ADDITION TO OUT WING TORTURE PROTECTION OF CIVIL POLITICAL RIGHTS AND PROHIBITIONS ON DISAPPEARANCES 10 C RESPONDING TO SMITH'S QUESTION ABOUT THE ANTI-SUBVERSION LAW f MOLADI SAID THAT REVISION OF THIS LAW WOULD BE DEALT WITH IN THE VERY NEAR FUTURE IN THE CONTEXT OF A NUMBER OF POLITICAL AREAS SUCH AS THE POLITICAL PARTIES LAW AND THE STRUCTURING OF THE MPR AND PARLIAMENT IN THE MEANTIME MULADI SAID HE HAD ASKED ALL JUDGES AND PROSECUTORS TO CEASE USING THIS LAW THIS AMOUNTED TO A DE-FACTO END OF THE WIDELY UNPOPULAR LAW WHOSE VAGUE PROVISIONS UNCLASSIFIED UNCLASSIFIED HAVE MADE IT A LEGAL TOOL OF CHOICE FOR PROSECUTION OF MANY CONFIDENTIAL CONFIDENTIAL PAGE 03 JAKART 02950 02 OF 03 PROMINENT POLITICAL DISSENTERS NOTE EFFECT WERE CARRIED IN THE PRESS 280452Z MOLAnI'S REMARKS TO THIS 11 C IN RESPO SE TO THE CONGRESSMAN'S QUESTION ABOUT THE LEGAL PROCESS FOR MEMBERS OF THE ARMED FORCES ACCUSED OF VIOLATING THE RIGHTS OF CIVILIANS MOLAnI EXPLAINED THAT SUCH CASES ARE HANDLED IN MILITARY COURTS WITH REGARD TO THE MILITARY'S REPORT ON THE SHOOTING DEATHS OF FOUR STUDENTS AT TRISAKTI UNIVERSITY MAY 19 MOLAnI SAID THAT THE ABRI REPORT IS EXPECTED SHORTLY IN RESPONSE TO SMITH'S OBSERVATION THAT THE INDONESIAN HUMAN RIGHTS CO ISSION HAD EXPRESSED DISAPPOINTMENT THAT THE REPORT APPARENTLY TARGETED ONLY POLICE NOT ARMY PERSONNEL MOLAnI EXPRESSED THE PERSONAL VIEW THAT THE REPORT WOULD BE ACCURATE 12 C SMITH THEN TURNED TO IRIAN JAYA RECALLING THAT HE HAD BEEN TOLD IN ONE MEETING THAT PORTIONS OF THAT PROVINCE HAD BEEN CLOSED OFF BY THE MILITARY AND THAT MILITARY OPERATIONS IN THE AREA WERE CAUSING SUBSTANTIAL HUMAN RIGHTS ABUSE IT APPEARED THE MILITARY WAS ACTING WITH IMPUNITY -- WHAT COULD BE DONE MOLAnI RESPONDED GENERALLY THAT HUMAN RIGHTS WERE NOW A MATTER OF NATIONAL PRIORITY IN ALL OF INDONESIA INCLUDING IRIAN JAYA THE MILITARY WAS ATTEMPTING TO INSTILL RESPECT FO HUMAN RIGHTS IN ITS PERSONNEL SUCH MATTERS AS THE IRIAN JAYA SITUATION WERE ALSO A SUBJE CT FOR THE INDONESIAN HUMAN RIGHTS COMMISSION TO DEAL WITH THE COMMISSION ON MAY 25 RECEIVED THE SAME REPORT THE CONGRESSMAN WAS GIVEN MAY 26 13 C STAFFER REES ENQUIRED ABOUT THE STATUS OF A NUMBER OF PEOPLE WHO WERE STILL MISSING SOME OF WHOM HAD BEEN REPORTEDLY SEEN BY RECENTLY RELEASED DISAPPEARANCE VICTIMS DURING THEIR INCARCERATION MULADI AGAIN REFERRED TO THE ON-GOING ABRI CONFIDENTIAL CONFIDENTIAL UNCLASSIFIED UNCLASSIFIED JAKART 02950 02 OF 03 280452Z PAGE ' 04 INVESTIGATION AND CALLED FOR PATIENCE UNTIL THE REPORT WAS ISSUED I I Bl THE ECONOMIC SITUATION 14 C MOLADI ADDED THAT IN ADDITION TO THE PROBLEM OF POLITICAL PRISONERS THE GOI WAS ALSO DEALING WITH THE MAJOR ECONOMIC PROBLEM HE EMPHASIZED THAT THERE WAS ALREADY STRONG POLITICAL WILL TO DO THE RIGHT THING SMITH RESPONDED THAT THE GOI HAD SENT A CLEAR AND STRONG MESSAGE BY PLEDGING TO RELEASE PRISONERS 15 C MOLADI CONTINUED THAT HIS MINISTRY WAS ALSO DEEPLY INVOLVED IN DEVELOPING NEW ECONOMIC LAWS ALL TO BE READY BY THE END OF THE YEAR THESE INCLUDED NEW LAWS DEALING WITH BANKRUPTCY COMPETITION INVESTMENT ANTI-MONOPOLY LEGISLATION AND CONSUMER PROTECTION MEASURES THIS WAS IN ADDITION TO MINISTRY WORK TO CONFIDENTIAL NNNNPTQ3362 CONFIDENTIAL PTQ3362 UNCLASSIFIED Bl PAGE 01 ACTION H-01 INFO JAKART 02950 UNCLASSIFIED 03 OF 03 280453Z LOG-OO OIC-02 DS-OO EAP-01 EUR-01 TEDE-OO IO-OO 005W SS-OO DSCC-OO SAS-OO ------------------428AE9 280453Z 38 o 280448Z MAY 98 FM AMEMBASSY JAKARTA TO SECSTATE WASHDC IMMEDIATE 1803 INFO DEPTTREAS WASHDC ASSOCIATION OF SOUTHEAST ASIAN NATIONS AMEMBASSY CANBERRA AMEMBASSY ROME AMEMBASSY THE HAGUE USMISSION GENEVA USMISSION USUN NEW YORK USEU BRUSSELS USCINCPAC HONOLULU HI ADS-OO CON F IDE N T I A L SECTION 03 OF 03 JAKARTA 002950 ROME FOR THE VATICAN CINCPAC FOR FPA AMB TEARE E O 12958 DECL OS 27 08 TAGS PHUM PGOV MOPS PINR OREP ID SUBJECT CODEL SMITH CALLS ON JUSTICE MINISTER REF J TA MULADI 2903 CONFIDENTIAL CONFIDENTIAL PAGE 02 JAKART 02950 03 OF 03 280453Z PREPARE NEW POLITICAL LAWS INCLUDING A NEW GENERAL ELECTION LAW THIS AMOUNTED TO A REVOLUTION NOT SIMPLY REFORM THE AMBASSADOR NOTED THAT THE US WOULD BE INTERESTED IN ASSISTING THE MINISTRY IF THERE WERE NEEDS FOR EXPERTISE IN ANY OF THESE FIELDS HE ADDED THAT AID ADMINISTRATOR ATWOOD WOULD BE COMING TO JAKARTA IN THE FIRST WEEK OF JUNE AFFORDING AN OPPORTUNITY TO DISCUSS HOW THE USG COULD ASSIST IN PROVISION OF TECHNICAL EXPERTISE MOLAnI SAID THAT HIS MINISTRY WAS ALREADY FAMILIAR WITH THE USEFUL ELIPSE PROGRAM FUNDED BY AID UNCLASSIFIED UNCLASSIFIED A NEW DAY DAWNING 16 C SMITH CONCLUDED THAT BASED ON HIS MANY MEETINGS IN JAKARTA HE HAD TOLD THE PRESS THAT HE WAS OPTIMISTIC AND THAT HE BELIEVED A NEW DAY WAS DAWNING II HE EMPHASIZED THE VALUE TO INDONESIA OF ACTIONS WHICH WOULD BE PERCEIVED BY THE INTERNATIONAL COMMUNITY AS GENEROUS II AND THAT T HE GOI SHOULD ERR ON THE SIDE OF INCLUSIVENESS IN CONSIDERING WHETHER TO RELEASE CERTAIN PRISONERS HE ADDED THAT MANY INDONESIANS SEE EAST TIMORESE RESISTANCE LEADER XANANA GUSMAO AS A POLITICAL PRISONER 17 C MOLADI SAID THAT HE ESSENTIALLY AGREED BUT THAT AS A PLURALISTIC SOCIETY INDONESIA HAD ' TO PROGRESS SLOWLY STEP BY STEP NONETHELESS JUST AS INDONESIA NEEDED ECONOMIC HELP AS SOON AS POSSIBLE SO WAS IT ALSO PREPARED TO UNDERTAKE KEY POLITICAL AND HUMAN RIGHTS REFORMS AS SOON AS POSSIBLE ROY CONFIDENTIAL NNNN UNCLASSIFIED This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu