By David L. Chaplin II
Impunity Watch, Asia

JAKARTA, Indonesia – On Wednesday, a Dutch judge turned down demands by a separatist group for the arrest of President Susilo Bambang Yudhoyono of Indonesia on charges of human rights abuse if he set foot in the Netherlands, a court spokeswoman said.

Indonesian President Susilo Bambang Yudhoyono (L) postponed a visit planned this week to the Netherlands, citing a human rights trial in the host country that might threaten him with arrest [AFP]

Yudhoyono’s cancelled his trip to the Netherlands came after the Republic of South Moluccas (RMS) group requested The Hague District Court to order his arrest.  Indonesian authorities beat the RMS after it declared independence in 1950.

The Netherlands government voiced its regret at the decision and said it had reassured the president he would have diplomatic immunity.

Three Dutch citizens supporting Moluccan separatists filed the claims. The group holds President Yudhoyono responsible for the alleged mistreatment and torture of detained Moluccan separatist activists.

The Indonesian government has been suspected of abusing human rights in suppressing local separatists in the region. Indigenous Moluccan groups live in Maluku Province in the eastern part of Indonesia, and they have laid claim for self-governance, which is claimed to have been promised more than a half-century ago as Dutch rule came to an end.

Members of the separatist group are frequently subjected to torture, arbitrary arrest and extrajudicial killings by Indonesian security forces, human rights organizations say.  Ninety political prisoners have been sentenced or are awaiting trials for separatism in the region, with some serving sentences as long as 20 years, said Andreas Harsono, Indonesia consultant for Human Rights Watch.

Indonesia frequently hands down lengthy jail terms, with a maximum of life in prison, for displaying banned “separatist symbols.” Indonesia’s Special Detachment 88 antiterrorism squad has recently been accused of rights abuses, including torture of separatists in Maluku.

Citing international legal custom, the foreign Minister Maxime Verhagen, of the Netherlands, said his government had assured Indonesia that the president’s immunity could not be challenged by a claim filed in a district court.

“For Indonesia, for me, if this lawsuit is held while I’m visiting, that concerns our self-respect as a nation; it concerns our honor as a nation.” said President Yudhoyono.

The visit would have been the first in 40 years for an Indonesian president to the Netherlands, Indonesia’s former colonial ruler. Given the complex history of the two countries, even recent relations have often been tense.

Historically, the RMS has had a strong base in the Netherlands, many Moluccans emigrated there when Indonesia gained independence, some having served as soldiers in the Dutch army. The Dutch government initially promised their exile would be temporary, and they were settled into temporary refugee camps.

Mahfudz Siddiq, of the Indonesia’s parliament, told Al Jazeera that the RMS represents a serious threat to Indonesia’ territorial integrity.

For more information, please see:

Al Jazeera English – No arrest warrent against Yudhoyono – 6 Oct 2010

New York Times – Dutch Court Rejects Demand for Indonesia President’s Arrest – 6 Oct 2010

BBC – Dutch court dismisses Indonesian president arrest call – 6 Oct 2010