Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the torture case of Riko Yeyandra, an inmate who was tortured by two prison guards at Solok Correctional Facility, West Sumatra. The prison guards were found guilty of maltreatment by Solok District Court and sentenced to one year of imprisonment. The judges, however, granted probation that the convicted do not need to serve their punishment.
UPDATED INFORMATION:
The Padang Legal Aid Institute (LBH Padang) informed the AHRC that the judgment on the case of torture against Riko Yeyandra was delivered by Solok District Court on 17 February 2014. A panel of judges – consisting of Justices Dadi Suryandi, Lola Oktavia, and Nani Pratiwi – found Masria Siswanto and Dedi Bahari guilty of maltreatment under Article 351 (1) in conjunction with Article 55 (1) of the Penal Code. As earlier reported in AHRC-UAC-136-2013, Masria Siswanto and Dedi Bahari are prison guards of Solok Correctional Facility who beat and electrocuted Riko Yeyandra on 8 September 2013.
Despite finding the prison guards guilty of maltreatment and sentencing them to one year of imprisonment, the judges granted them two years probation. This means both convicted men do not need to serve the one year of imprisonment. They only have to serve such punishment if they commit another crime within the two year probation period. The judges failed to cite any aggravating factors in the criminal act of the two men but instead, cited three mitigating factors which led to the lenient punishment of Masria and Dedi. The three factors are: (a) Masria and Dedi were polite during the hearings and confessed their wrongdoing; (b) they expressed remorse and promised that they would not commit a similar wrongdoing, and (c) they are both the main providers of their families.
No information is available on whether the case is pending at the High Court level.
ADDITIONAL INFORMATION:
The AHRC deplores the judgment delivered by Solok District Court on this case and is of the view that the punishment imposed on the perpetrators is not adequate. We believe that such judgment fails to provide a deterrent effect and therefore indirectly perpetuates the practice of torture in Indonesia.
The AHRC sees that the lenient punishment was based on a misleading logic deliberately constructed by the judges in the judgment, numbered 68/Pid.B/2013/PN Slk. In their consideration, the judges emphasised that the torture was perpetrated by the prison guards as Riko had breached the correctional facility’s rules by accepting a visitor outside visiting hours. The judges additionally emphasised that Riko had previously breached the correctional facility’s rules at least twice by being involved in gambling and possessing a cellular phone.
The AHRC does not intend to justify the breach of rules committed by Riko. However, we firmly believe that the breach cannot and should not be provoked as the reason to justify torture or to impose lenient punishment on the perpetrators of such abuse. In accordance with the international human rights law, the 1945 Indonesian Constitution, as well as the Law No. 39 year 1999 on Human Rights, the right to freedom from torture is an absolute right. It should not be derogated in any circumstances. Instead of being subjected to beatings and electrocution, Riko was therefore supposed to be disciplined by an official mechanism for breaching the rules of the correctional facilities.
SUGGESTED ACTION:
Please write to the following authorities, expressing your concern on the lenient punishment imposed on the perpetrators of torture against Riko Yeyandra.
The AHRC is writing separately to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
INDONESIA: Judges grant probation to prison guards involved in torture
Name of victim: Riko Yeyandra
Names of alleged perpetrators: Masria Siswanto, Dedi Bahari, Dadi Suryandi, Lola Oktavia, and Nani Pratiwi
Date of incident: 8 September 2013, 17 February 2014
Place of incident: Solok, West Sumatra
I am writing to voice my deep concern on the disappointing judgment delivered by Solok District Court on 17 February 2014 on the case of torture of Riko Yeyandra, an inmate of Solok Correctional Facility. I have been informed that a panel of judges – consisted of Justices Dadi Suryandi, Lola Oktavia, and Nani Pratiwi – found two prison guards named Masria Siswanto and Dedi Bahari guilty of maltreatment under Article 351 (1) in conjunction with Article 55 (1) of the Penal Code for torturing Riko.
Despite naming the torturers guilty and sentencing them to one year of imprisonment, the judges granted them two years of probation. This means the perpetrators do not need to serve their punishment unless they commit another crime within the two year probation period. In justifying the judgment, the judges provoked three mitigating factors, namely: (a) Masria and Dedi were polite during the hearings and confessed their wrongdoing; (b) they expressed remorse and promised that they would not commit a similar wrongdoing, and (c) they are the backbones of their families.
Apart from the three aforementioned factors, the judges appear to base the lenient punishment on a misleading logic. They repeatedly emphasised how the torture was perpetrated by the prison guards as Riko had violated the rules of the correctional facility by accepting visitor outside visiting hours. The judges additionally emphasised that, prior to the day when the torture took place, Riko had previously breached the rules of the correctional facility at least twice by being involved in gambling and possessing a cellular phone.
It is not my intention to justify the breaches of rules by Riko. However, I believe that such breach of rules should be responded with an official disciplinary mechanism against Riko, instead of torture. In accordance with the international human rights law, the 1945 Indonesian Constitution, as well as the Law No. 39 Year 1999 on Human Rights, the right to freedom from torture is an absolute right that no reason can be provoked to justify such abuse.
I believe that the judges in Indonesia can play a significant role in punishing and abolishing torture. The judges, for instance, may deter the perpetrators of torture by imposing proportionate punishment on them. It is deeply regrettable that, in this case, the judges fail to understand such important role they can play. By imposing lenient punishment on the torturers of Riko, the judges indirectly perpetuate the practice of torture in Indonesia.
I am therefore calling you to take the necessary measures to encourage the judges examining a torture allegation to try such case carefully. In examining torture cases, the judges have to take into consideration the international obligations of Indonesia to prevent and punish torture. If the perpetrators are found guilty, proportionate punishment which reflects the gravity of the abuse should be imposed on them. There should not be any reason provoked to justify torture or to impose lenient punishment on the perpetrators.
I look forward for your swift and positive actions on this matter.
Yours sincerely,
———————————————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id
2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095
3. Mr. Muhammad Hatta Ali
Chief Justice of the Indonesian Supreme Court
Jl. Medan Merdeka Utara No. 9-13
Jakarta
INDONESIA
Tel: +62 21 384 3348
Fax: +62 21 381 0357
4. Mr. Hafid Abbas
Chairperson of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
