LABOR ACTIVIST CLAIMS POLICE PRESSURE

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 002698

SIPDIS

SIPDIS

FOR EAP/MTS, EAP/MLS, DRL/IL, DRL/PHD
DOL FOR ILAB:BSASSER

E.O. 12958: DECL: 09/24/2017
TAGS: PGOV PHUM PINS ELAB ID
SUBJECT: LABOR ACTIVIST CLAIMS POLICE PRESSURE


JAKARTA 00002698 001.2 OF 002


Classified By: Pol/C Joseph L. Novak, reasons 1.4 (B,D).


1. (C) Summary: An Indonesian labor leader--who was jailed,
beaten and allegedly coerced into signing a criminal
confession for leading a peaceful May 1 labor rally--told
Labatt that he is now being threatened by a prosecutor with
additional jail time if he pursues an appeal. This case
illustrates how tough it can be for labor leaders operating
in Indonesia and how police sometimes back employers in labor
matters. Interventions with police and GOI officials by
Labatt and the AFL-CIO Solidarity Center may have helped
prevent worse treatment. End Summary.

Allegedly Coerced into Confession
--------------

2. (C) Labatt met with Sarta bin Sarim September 20 to
discuss his recent jailing for leading a peaceful May 1
International Labor Day march outside his factory in the
working class city of Tangerang near Jakarta. A packing
worker at the T.T. Tambun Kusuma wooden frame factory and
chairman of the local union FKUI/KSBSI (Indonesian Prosperity
Trade Union),Sarta organized the rally of about 50 workers
from several factories. On the evening of May 1, police
arrested Sarta at his two-room home next door to the factory.
The next day, Sarta was beaten badly on the face by another
inmate in the bathroom, a few feet from police, who did
nothing after he emerged badly bloodied, Sarta told Labatt.
That night, Sarta was given a confession to sign that stated
he had committed "unpleasant acts" and participated in
"inciting disruption," which he signed after the
interrogating officer threatened that the inmates who had
beaten him that day would "cripple" him if he did not sign,
Sarta alleged. Prosecutors said in court that Sarta had
revved the engine of his motorcycle threateningly during the
rally. Police refused his request for legal representation,
Sarta claimed.

Reported Threats
--------------

3. (C) Sarta was convicted on the "unpleasant acts" charge
on July 30, sentenced to three months, and released on July
31 having been in jail since May 1. When Sarta appealed his
conviction to a higher court, the prosecutor, Fauzan, called
his union, threatening to press more serious charges that
would imprison Sarta for five years if he pursued the appeal,
according to KSBSI Vice President Bismo Sanyoto.


4. (SBU) Sarta's union and the Solidarity Center (the
overseas representative of the AFL-CIO) stood behind Sarta
from the time he was arrested, providing legal
representation. The GOI has received over 1600 letters
regarding Sarta's case, including from the AFL-CIO, BWI, ITUC
and others. The Torture Abolition and Survivors Coalition
(TASSC) advocated on Sarta's behalf in the U.S. ILO is
processing a complaint against illegal detention on his
behalf, according to Jamie Davis, Solidarity Center
Indonesian Program Director.


5. (SBU) Ten non-union workers from another factory also
were arrested on May 1, and five were jailed, it was revealed
during the June trial when three of them were brought in as
witnesses.


6. (C) Sarta speculates his employer arranged for him to be
arrested because he was the founding leader of his plant's
union nine years ago and organized a strike in 2003
protesting hiring practices and the use of thugs to threaten
workers.

A Pattern of Police Behavior?
--------------

7. (C) According to labor activist Dita Sari, police have a
long history of intervening in labor matters. To counter
this, in 2005 the Indonesian National Police issued a
regulation entitled "Guidelines on the Conduct of the
Indonesian National Police in Handling Law and Order in
Industrial Disputes," which instructs police to "uphold human
rights."


8. (C) Police have also allegedly participated in the
following: In October 2006, KSBSI alleged that PT Kiani
Kertis in Timika, Papua, called in mobile brigade police in
response to KSBSI protests against the company's refusal to
bargain with the union. On July 31, 2006, union activist
Samsir Hasibuan was dragged from his house and shot in the
knee by police following a strike and public demonstration
against his company in Medan, North Sumatra, PT Cipta

JAKARTA 00002698 002.2 OF 002


Mebelindo Lestari, union leaders told Labatt. Police
extracted a confession from Hasibuan that he had destroyed
company property by beating on his injured knee, Solidarity
Center alleged.

Urging GOI Protection
--------------

9. (C) Labatt has expressed concern to Tangerang police
about Sarta's treatment, and, along with Solidarity
Center/AFL-CIO, continues to press the GOI on his labor
rights. In a country with high poverty and unemployment,
labor activists are beleagured in defending their rights and
often rely on international support. Mission will continue
to monitor Sarta's case.
HUME