Dear friends,
The Asian Human Rights Commission (AHRC) wishes to inform you that three of the four policemen who arbitrarily arrested and tortured a man on December 2009 (AHRC-UAC-178-2009) have been convicted of police violence and sentenced to three months imprisonment.
CASE DETAILS:
On December 5, 2009, Mr J.J. Rizal was illegally arrested by police officers of the Beji subdistrict of Depok City in West Java, who accused him of being a pickpocket. While arresting the victim, the police officers beat him about the head and pointed a gun at him. He was also struck about the ears which resulted in damage to his hearing. The violence perpetrated on the victim during arrest and custody resulted in a split upper lip, bleeding from the nose and swollen eyes and cheeks. Mr. Rizal then filed a complaint against the police at the Jakarta Metropolitan Police. The Head of the Beij sector Police Station then requested his subordinates to go to the victims house and apologize, which they did.
The four policemen have been prosecuted under charges of police violence and they were arrested. On January 13, 2010, after its investigation, the Jakarta Metropolitan Police delivered the case to the high office of the public prosecutor in Bandung, West Java.
On March 3, 2010, three of them have been convicted and sentenced to three months imprisonment each by Judge Syahri Adamy for violation of Article 170 (1) (violence openly committed by united forces) and 351 (1) (maltreatment) of the Indonesian Penal Code. Despite the ratification of the UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) years ago, Indonesia has still not criminalized the act of torture as defined in CAT and thereby cannot adequately convict perpetrators, such as these policemen, and recommend appropriate sanctions. In J. J. Rizal’s case, the public prosecutor asked for a five-month sentence, but the judge reduced that sentence, acknowledging the fact that the defendants have families and already offered apologies to the victim, Mr. Rizal, who accepted them.
The AHRC had issued an Urgent Appeal on February 24, 2010 (AHRC-UAU-008-2010) and the letters were sent to competent Indonesian authorities.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
