Open letter to the Head of the Police of the Republic of Indonesia

On 13 November 2003, the forestry minister, Muhammad Prakosa, issued a decree to set up a field assessment team for the Ladia Gaska Road project in the province of Nangroe Aceh Darussalam (No. 378/Kpts-VIII/2003). The task of this team is to plan and implement the field assessment; to process and discuss its results; and to report these to the forestry minister. The list of team members, which included representatives of governmental institutions (from within and outside ministries) and NGOs, was attached to the decree. There were 37 members in total, one of them being Bestari Raden (Bestari bin Tgk Mahyar Raden) from the NGO Rinung Lam Kaluet. The team members were also instructed to carry out the field assessment between 17 and 23 March 2004 in an official letter from the Forestry Minister (PT 03/Menhut-VII/2004).

While carrying out this duty, Bestari Raden was arrested by officers of the intelligence section of the district military command 0108 in Southeast Aceh at 13:45 local time on 23 March 2004 in the Kutacane area. The arrest was based on written instructions from the district military command 0108 Southeast Aceh, dated 23 March 2004 and signed by Captain Anggit Exton Yustiawan. In this letter (No. B/20/III/2004), Bestari Raden is accused of being the initiator of and agent provocateur behind the burning of a sawmill owned by Medan Remaja Timber (PT MRT); plus being the coordinator of calls for a referendum* in Tapak Tuan. On the morning before his arrest, Bestari Raden and the other members of the assessment team had fulfilled their obligation to report to the local military command**.

It is suspected that this arrest is connected to the accusation, made by the South Aceh Police in 2000, that Bestari Raden was the local commander of Aceh's Independence Movement (Gerakan Aceh Merdeka - GAM) in Tapak Tuan and top of their Wanted List. This accusation may well have been intended to stigmatise Bestari Raden. Those who oppose the interests of local elites are often accused of being members of GAM. This accusation appeared after Bestari Raden made took legal action against PT MRT whose operations in the South Kluet area had been environmentally destructive. For instance, there were frequent floods in the areas of Mangging, Kandang, Tapak Tuan, Sama Dua, Sawang and Kuala Bate.

Bestari Raden is also known as someone who has often strongly opposed PT MRT's activities. He organised a local forum in conjunction with the NGO Yayasan Gampoeng Hutan Lestari (YGHL); sought a dialogue with the local authorities in South Aceh district (Muspida); and - together with the Network of Indigenous Peoples' Communities in Aceh (JKMA) - lobbed against the presence of PT MRT. The outcome was that the head of South Aceh district recommended that PT MRT's timber concession should be stopped. This recommendation was backed by the Provincial Forest Agency, the Department of Forestry, the Provincial Agency for Regional Development, and the Governor of Aceh.

Bestari Raden has suffered intimidation in the past, in the form of accusations of being a GAM commander, for his opposition to this logging company's activities in Aceh. He has been detained and released by the police on the following occasions.

1. In 1999, Bestari Raden returned to Tapak Tuan as a member of the National Sports Committee. He intended to pick up Zulhayati - a master of silat (traditional self-defence arts) - at his home in Kandang and take him to the Training Centre in Sabang. Bestari Raden was arrested by police/ mobile brigade personnel in front of the Tapak Tuan Police Station. He was interrogated and accused of being a member of GAM and was set free after nearly half a day of interrogations.
2. In 1999, when Bestari Raden was working at a public library and was called to Banda Aceh to take part in the ADUMLA (advanced administrative training for staff of public institutions) test, he was arrested again by police / mobile brigade personnel. The arrest was made when Bestari Raden was crossing the border between the districts of South and West Aceh, on his way to Banda Aceh. After being interrogated for five hours, he was set free again.
3. The police and mobile brigade also have raided and ransacked Bestari Raden's house in Tapak Tuan. This was done without any clear legal justification.

We therefore conclude that what lies behind Bestari Raden's arrest is the anger and desire for revenge of local figures who feel that their interests were harmed, because the accused opposed criminal economic activities in his area. It is important to remember that the head of police for Southeast Aceh, Ali Husin, who currently holds Bestari Raden in custody, used to be the deputy head of the South Aceh police who arrested Bestari Raden in the past.

Meanwhile, the martial law administration of Nangroe Aceh Darussalam (PDMD) has written to the chief security minister, who is responsible for the day-to-day running of the province. The letter (No. B A 88/VIII/2003) gives the go ahead for the Ladia Galaska road project and even recommends establishing plantations (HTP) along both sides of the road. This suggests that both the military authorities and police feel threatened by Bestari Raden's opposition to the construction of a road that threatens the sustainability of Aceh's environment while benefitting local elites.

Neither the military authorities nor the police force has publicly criticised the Ladia Galaska road project, although the rampant corruption linked to that scheme is an open secret in the province of Nangroe Aceh Darussalam. Ironically, this reveals the lack of justice in their actions. While the military and police keep Bestari Raden under arrest, many of the timber thieves detained in the province of Nangroe Aceh Darussalam are being set free. These include the following people:

1. The head of the local parliament of Southeast Aceh district, H. Umuruddin Deski, who had been detained and questioned by the military authorities, was suddenly set free. The military had caught his trucks in the act of transporting stolen timber in the area of Lawe Pakam, Southeast Aceh.
2. Janeskhan, also known as Acan, whose company - PT Tegas Nusantara - has been involved in illegal logging in the former concession of the timber company PT Tjipta Rimba Jaya (PT TRJ).
3. Haji Burdansyah, involved in illegal logging in Semelue.
4. Pogek Bancin, a member of the local parliament of Aceh Singkil district, was once arrested but strangely enough is now frequently seen travelling on the road from Aceh to Medan.

The following conclusions can be drawn from the above points:

1. Bestari Raden's arrest countermands the forestry minister's letter of instruction since, at the time of his arrest, Bestari Raden was implementing orders from the forestry minister, as expressed in the ministerial decree Kepmenhut No. 378/Kpts-VII/2003 and the letter of instruction No. PT03/Menhut-VII/2004.
2. The police's actions completely disrupt attempts to apply a scientific approach to finding solutions to the problems of the people. As is common knowledge, the field assessment team was established by the government to put an end to the controversy over the Ladi Galaska road network.
3. The police and military authorities can be accused of discrediting and criminalizing the team set up by the forestry minister, creating the impression that it is not a credible team, because one of its members is presented as having broken the law. This could also be interpreted as an attempt to intimidate any other team that wishes to carry out scientific work in the province.
4. The attitudes shown by the military and police seem to be to perpetuate conflict between institutions and local people in Nangroe Aceh Darussalam, particularly in the case of the planned construction of the Ladia Galaska road network. The team was set up by the forestry minister as one way out of a conflict in Nangroe Aceh Darussalam, which third parties might take advantage of.
5. The detention of Bestari Raden - who wants environmental conservation in the province - stands in harsh contrast with the gentle treatment given to those robbing Nangroe Aceh Darussalam of its forest resources, and shows that there is no fair law enforcement in this region. This can only lead to a deterioration of the situation in this area, fomenting local criminality.

1. The law and human rights legislation must always be enforced and respected, particularly in the province of Nangroe Aceh Darussalam, in order to create a situation conducive to development and security.
2. The military authorities and the police must maintain harmonious relationships between institutions and respect the government's authority, in order to avoid disrupting inter-agency functions.
3. The police and legal authorities must respect citizens' rights, free Bestari Raden from detention, rehabilitate him, and refrain from any procedures that break the law.
4. The head of the national police force must take firm action against personnel who are not able to enforce the law in a just, consistent and responsible way.

Jakarta, 14 April 2004

S. Indro Tjahjono

* Groups in Aceh were calling for a referendum on the future of the disputed territory, until the Indonesian authorities cracked down on all civil society organisations and imposed martial law last year.

** President Megawati announced on 13th May 2004 that martial law in Aceh was to be downgraded to a state of civil emergency.