Dear friends,
The Asian Human Rights Commission (AHRC) has received information about two killings that took place during a police operation in Aceh. The men died after police arrested them and took them to an area that they believed was being used by an armed group. Both detainees were unarmed and in custody but were shot to death in what police claim was a shoot-out between police and militants. Despite calls from local human rights groups no adequate investigation has been conducted.
These deaths follow at least three others in Aceh police custody in March 2010 and the shooting of a father and his teenage son by police in February, all explained as anti-terrorism operations, none adequately investigated.
CASE NARRATIVE:
According to the information we have received from the Commission for The Disappeared, and Victims of Violence (KontraS) in Aceh, on 24 March 2010 at about 8am the house of Dian Putri in Medan, North Sumatra was raided by police. The officers had a warrant for the arrest of her husband Muhammad Jabal ben Abdul Azis and another man, a Mr. Basri, regarding an abduction case from 2008. They were arrested as they tried to escape and officers reportedly beat both men and stepped on Basris body before taking them away.
Jabals mother received a phone call from police at around 4pm that notified her that the men were at Aceh Utara, and again at 11pm to tell her that both men had been killed in a shooting in Sawang. Their bodies had been taken to Cut Mutia Hospital in Lhoksemauwe, Nanggroe Aceh Darussalam province.
At the hospital Jabals family found him with a gunshot wound to his chest. Along with the bullet wounds it appeared that both men had bled profusely from the head.
Adjunct Senior Police Officer (AKBP) Zulkifili of the Lhoksemauwe Police Station has confirmed that both Jabal and Basri were arrested in Medan and taken to Aceh so that they could show police the hide-out of the armed group that the police believed the men were members of. Details of the police operation have not been released, however Zulkifli has been quoted in the media as saying that shots were fired at the car when the victims stepped out from it, triggering the shoot out which killed them.
According to KontraS Aceh no significant step has yet been taken by police to investigate Jabal and Basris deaths.
ADDITIONAL INFORMATION:
Police officers bear complete responsibility for the security and protection of persons in their custody and to force any detainee into a life-threatening situation is to clearly violate police conduct. If the facts presented by police are to be believed, the victims were killed as a result of their unprofessionalism. An investigation into this operation is vital.
The AHRC and local NGOs have documented various such cases of misconduct by police in Aceh. On 22 February 2010 Aceh Police shot a man and a boy, believing them to be terrorists. The father Mr. Kamarrudin was killed; his 14-year-old son suffered gunshot wounds in his left leg (STM-047-2010) and the family of the victims eventually received about Rp 2 million in compensation. However although this wrong was admitted, no investigation results have been issued; the family filed complaints with the Profession and Security Division (Propam). We have been told that the National Human Rights Commission has also now summoned the Head of Brimob Aceh and the head of Aceh Besar police station for questioning, but this is a non-judicial process.
According to KontraS Aceh, three similar killings took place this March alone. On 4 March a 60-year-old man called Nurbari was shot in the neck by a policeman while walking to his paddy field; police claimed that it was an accident and that they had been trying to arrest suspected terrorists. The day before police had shot and killed one of three men, allegedly terrorists, as they tried to escape from a bus being checked by police. In another alleged anti-terrorism operation on 12 March Encang Kurnia (known by various nicknames) and Pura Sudarma (known as Muttakin) were shot to death by Leupeung police while on their way to Calang by public transport, along with eight friends, who were then arrested.
SUGGESTED ACTION:
Please send letters to the authorities named below calling for an open, thorough and transparent investigation into this case.
The AHRC has written to the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, requesting his intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
INDONESIA: Polices incaution caused two more people killed in Aceh
Names of victims:
1. Mr. Muhammad Jabal ben Abdul Azis
2. Mr. Basri
Name of alleged perpetrators:
AKP Bambang, head of the Criminal Investigation Unit at Lhoksemauwe police station
12 police officers at Lhoksemauwe police station
Date of incident: 24 March 2010
Place of incident: Sawang, North Aceh
I am writing to voice my deepest concern regarding the extrajudicial killing of Mr. Muhammad Jabal ben Abdul Azis and Mr. Basri in Aceh. According to information I have received, both men were arrested and beaten in Medan, then taken to Aceh so that they could show police the hide-out of an armed group that the police believed the men to be members of. Details of the police operation have not been released, however Adjunct Senior Police Officer (AKBP) Zulkifili of the Lhoksemauwe Police Station has been quoted in the media as saying that shots were fired at the car when the victims stepped out from it, triggering the shoot out which killed them.
I would like to emphasize that such cases are not uncommon in Aceh at present. On 22 February 2010 Aceh Police shot a man and a boy, believing them to be terrorists. The father Mr. Kamarrudin was killed; his 14-year-old son suffered gunshot wounds in his left leg and the family of the victims received about Rp 2 million in compensation. However although this wrong was admitted, no investigation results have been issued in response to complaints that the family filed with the Profession and Security Division (Propam). I am told that the National Human Rights Commission has also now summoned the Head of Brimob Aceh and the head of Aceh Besar police station for questioning, but this is a non-judicial process.
According to the Commission for The Disappeared, and Victims of Violence (KontraS) in Aceh, three similar killings took place this March alone. On 4 March a 60-year-old man called Nurbari was shot in the neck by a policeman while walking to his paddy field; police claimed that it was an accident and that they had been trying to arrest suspected terrorists. The day before police had shot and killed one of three men, allegedly terrorists, as they tried to escape from a bus being checked by police. In another alleged anti-terrorism operation on 12 March Encang Kurnia (known by various nicknames) and Pura Sudarma (known as Muttakin) were shot to death by Leupeung police while on their way to Calang by public transport, along with eight friends, who were then arrested.
I would like to remind you that according to Article 6 of United Nations Code of Conduct for Law Enforcement Officials, law enforcement officials must ensure the full protection of the health of persons in their custody. This provision is also adopted in Article 10 letter (f) of Regulation of The Chief of The Indonesian National Police No. 8 Year 2009. To take vulnerable detainees to a dangerous location at risk of gun fire is clearly not in accordance to this provision. The police should be investigated both for their failure to protect the men, and the process by which they were permitted to take the men to the area.
Both Mr. Jabal and Mr. Basri were also allegedly seen being beaten when police tried to arrest them, with Mr. Basri being stepped on by police officers. This kind of act meets the criteria of cruel or inhuman treatment which is strongly prohibited under the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), particularly article 16. Indonesia itself has committed to prevent such acts in any territory under its jurisdiction by ratifying the Convention in 1998 through Law No. 5/1998.
The 1945 Constitution has guaranteed right to life as enshrined in article 28A and 28I paragraph (1) and the right to security as guaranteed by article 28G paragraph (1). Indonesia has also ratified many international human rights instruments which oblige it to protect human rights and effectively address violations.
Based on these facts I urge you to take all the necessary steps that will prevent more illegal killings by police in Aceh. Please begin by ensuring that those who are responsible for the murder of Mr. Jabal, Mr. Basri, or any other victim of extrajudicial punishment should be tried according to the law.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara Jakarta Pusat 10010
INDONESIA
Tel: +62 21 384 5627, ext. 1003
Fax: +52 21 231 4138, 345 2685, 345 7782
Email: mallarangeng@yahoo.com
2. Irjen Pol. Adityawarman
Head of Nanggroe Aceh Regional Police
Jl. Cut Nyak Din, Banda Aceh
Tel: +62 651 482 331
Fax: +62 651 477 06
3. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
4. General Bambang Hendarso Danuri
Chief of Indonesian National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id
5. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095
6. Mr. Ifdhal Kasim
Chairman
National Human Rights Commission (KOMNAS HAM)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
Email: info@komnasham.or.id
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Thank you.
Urgent Appeals Programme (ua@ahrc.asia)
Indonesia desk (Indonesia@ahrc.asia)
Asian Human Rights Commission
