Fatia and Haris have experienced 28 hearings since 3 April 2023. During the indictment reading on the 28th hearing on 12 November, the lead prosecutor advised the Court to sentence Fatia to three years and six months in prison alongside a fine of 500,000 rupiah (USD32), and Haris to four years in prison alongside a fine of one million rupiah (USD65). The latter is the maximum punishment set under the (EIT) law.

 

The case was brought by Luhut Binsar Pandjaitan, the Coordinating Minister of Maritime and Investment Affairs, after the duo appeared on Haris’ YouTube channel to discuss a report alleging the involvement of several national and multinational companies in mining operations in Intan Jaya, Papua. The allegations included those affiliated with political figures such as Panjaitan.

 

‘We are extremely concerned about the indictment of Fatia and Haris as this reveals just how dangerous it is to be a human rights defender in Indonesia. For merely speaking truth to power, seeking justice and accountability, and expressing evidence-based criticisms against the government, the likes of Fatia and Harris are being silenced. Such judicial harassment would have never happened in a healthy democratic context. Fatia and Harris’ ordeal reveals the deterioration of Indonesia’s civic and democratic space,’ the groups said collectively.

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Breaching international obligation

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The ongoing criminalisation of Fatia and Haris is in contravention with several of Indonesia’s international commitments, including the International Covenant on Civil and Political Rights (ICCPR).

 

Instead of upholding people’s right to freedom of expression, the government chose to deploy defamation charges against Fatia and Harris. Indonesia has also breached its pledge made upon its reelection as a member of the United Nations Human Rights Council from 2024 to 2026–to preserve the fundamental civil and political rights of all persons.

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Call for Action

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The criminalisation of Fatia and Haris for simply criticizing a government official is a breach of Indonesia’s obligation to uphold people’s fundamental freedoms–especially free expression– under the ICCPR. Such criminalisation not only undermines the work of human rights defenders, but also creates a chilling effect on free speech and dissenting voices. Therefore, leading to the verdict, scheduled to be given on the 18th December, it is imperative for all stakeholders–including the international community and general public–to urge the Court to acquit Fatia and Haris of all charges and for the government to immediately end judicial harassment against the defenders.

 

‘We are in solidarity with Fatia and Haris. We cannot remain silent. The work of human rights defenders is and will always be essential to upholding democracy and human rights for all. We call on the Indonesian Government to stop its criminalisation of defenders and to refrain from enacting further harm against them,’ the groups voiced together.

 

 

Signatories:

1. Advocacy Forum

2. Agora International Human Rights Group

3. Ain o Slaish Kendra (ASK)

4. Aliansi Jurnalis Independen (AJI)

5. ALTSEAN-Burma

6. Amnesty International Indonesia

7. ANTI

8. Anti Death Penalty Asia Network (ADPAN)

9. ASEAN Regional Coalition to #StopDigitalDictatorship

10. ASEAN SOGIE Caucus

11. ASEAN Youth Forum

12. Asia Alliance Against Torture (A3T)

13. Asia Democracy Network

14. Asia Justice and Rights (AJAR)

15. Asian Federation Against Involuntary Disappearances (AFAD)

16. Asian Forum for Human Rights and Development (FORUM-ASIA)

17. Asosiasaun HAK (Timor-Leste)

18. AWAM Pakistan

19. AwazCDS-Pakistan

20. Banglar Manabadhikar Suraksha Mancha (MASUM) India

21. Bir Duino

22. Bytes for All, Pakistan (B4A)

23. Canadian Civil Liberties Association

24. Capital Punishment Justice Project (CPJP)

25. Centre for Human Rights and Development (CHRD)

26. Centro de Estudios Legales y Sociales (CELS)

27. CIVICUS: World Alliance for Citizen Participation

28. Civil Society and Human Rights network (CSHRN)

29. Commission for the Disappeared and Victims of Violence (KontraS)

30. Community Resource Centre (CRC)

31. Cross Cultural Foundation (CrCf) Thailand

32. DAKILA

33. Defence of Human Rights Pakistan

34. DeJusticia Colombia

35. Dignity-Kadyr-kassiyet (KK)

36. Egyptian Initiative for Personal Rights

37. ELSAM

38. Ensemble contre la peine de mort (ECPM)

39. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders

40. Franscisans International

41. Frontline Defenders

42. Harm Reduction International

43. Human Rights and Development Foundation (HRDF) Thailand

44. Human Rights Defenders’ Alert – India (HRDA)

45. Human Rights Hub (HRH)

46. Human Rights Law Centre (HRLC) Australia

47. Human Rights Law Network (HRLN) India

48. Human Rights Lawyers Association Thailand

49. Human Rights Watch

50. Human Rights Working Group (HRWG)

51. Humanis

52. Imparsial

53. Indonesia Legal Aid Foundation (YLBHI)

54. INFORM Human Rights Documentation Centre

55. Initiatives for International Dialogue (IID)

56. International Network of Civil Liberties Organizations (INCLO)

57. Judicial System Monitoring Program (JSMP)

58. Karapatan Alliance Philippines (KARAPATAN)

59. La’o Hamutuk

60. Law and Society Trust (LST)

61. League for the Defence of Human Rights in Iran (LDDHI)

62. Legal Aid and Human Rights Association (PBHI)

63. Legal Resource Centre (LRC)

64. Liberty — United Kingdom

65. Madaripur Legal Aid Association (MLAA)

66. Maldivian Democracy Network (MDN)

67. Manushya Foundation

68. Medical Action Group (MAG) Philippines

69. Milk Tea Alliance Indonesia (ID Milk Tea)

70. Milk Tea Alliance – Friends of Myanmar

71. MUSAWI Pakistan

72. National Commission for Justice and Peace (NCJP)

73. New Naratif

74. Odhikar Bangladesh

75. People’s Watch – India

76. People’s Solidarity for Participatory Democracy (PSPD)

77. Philippine Alliance for Human Rights Advocates (PAHRA)

78. Programme Against Custodial Torture and Impunity (PACTI)

79. Progressive Voice

80. PurpleCode Collective

81. Pusat KOMAS

82. Pusat Studi Hukum dan Kebijakan (PSHK)

83. Refugee and Migratory Movements Research Unit (RMMRU)

84. RRR Collective

85. Safety and Risk Mitigation Organization (SRMO)

86. SHAPE-SEA

87. South Asia Youth Network (SAYN)

88. Southeast Asia Freedom of Expression Network (SafeNet)

89. Sri Lanka Democracy Network (SLDN)

90. Stiftung Asienhaus, Germany

91. Suara Rakyat Malaysia (SUARAM)

92. Task Force Detainees of the Philippines (TFDP)

93. TAPOL

94. The Asia Alliance Against Torture (A3T)

95. The Awakening – A Society for Social & Cultural Development

96. The Human Rights Measurement Initiative (HRMI)

97. The Hungarian Civil Liberties Union

98. The Indonesian Legal Aid and Human Rights Association (PBHI)

99. The Irish Council for Civil Liberties (ICCL)

100. Think Centre

101. Westpapua-Netzwerk, Germany

102. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of

103. Human Rights Defenders

104. YAPPIKA