Dear friends,
In February 2006, the Asian Human Rights Commission (AHRC) wrote to you regarding the death of a man named Yupiter Manek who died on 23 December 2005 due to the alleged torture by the Resort Police Belu, Indonesia (to see the details of this case please refer to: UA-056-2006).
The AHRC has now received updated information from the Initiative for the Development of Peoples Advocacy (PIAR) in Kupang, East Nusa Tenggara, Indonesia regarding this case. It has been learnt that due to strong pressure having been applied by non-governmental organisations in Kupang, the Resort Police Belu established a fact finding team to investigate into this case. Seven members made up that team, including persons from the religious community, the press, non-governmental organisations and the police themselves.
The team worked from 4 to 27 February 2006. In their findings they reported that there was evidence of physical violence against Yupiter by the police officers of the Resort Police Belu on 18, 19 and 20 December 2005, during the victims detention in police custody. It was established that Yupiter had been hung upside down and beaten with boots and fists. When Yupiter was taken to hospital, it was discovered that he had sustained serious head injuries. The post-mortem report (visum et repertum) stated that he was comatose and had suffered abrasions to the front of his head as a result of a hard object being struck against it. As a result of this, Yupiter had suffered a brain hemorrhage and had had his cranium broken. The autopsy was held on 15 February 2006 in Atambua Catholic Cemetery by a team of forensic doctors from Bhayangkara Hospital, Kupang. The autopsy, signed by Dr. Martinus Ginting, further strengthened the fact finding teams own conclusions that heavy blows were struck to Yupiters head, ultimately causing his death.
Until now Yupiters family were not informed of any of this updated information, including the results of the post-mortem. The public was also not informed of any progress in the case.
When members of the Third Commission in Parliament (Komisi III DPR RI), Benny K. Harman and Lukman Hakim Syaifuddin attended a meeting with the public government officer in East Nusa Tenggara in the Governor Office, they asked into the status of the case as well as another torture case in the area. Though they specifically addressed this question to the Head of the East Nusa Tenggara Provincial Police, Brig-Gen (Pol) RB Sadarum, they received no response to their query.
On 24 December 2005, the chief of the Resort Police Belu, Ekotrio Budiniar approached Yupiters family and promised to investigate all the officers who were on duty at the time of the incident. Following this, on 2 February 2006, Mr. Budiniar gave a light administrative punishment to four officers, namely Muhammad Ramlah, Dewi, Nurhayati and Else, who were allegedly involved in the incident. Muhammad Ramlah received only a 21 day imprisonment as a disciplinary punishment while the others received a mere 14 day imprisonment. They also had their periodic promotion and salary increase cancelled as well as their leave rights for one year cancelled. However, all of these administrative punishments were issued based on their ‘maltreatment’ of Yupiter not on ‘torture or murder’ charges. Subsequently, none were prosecuted and they still remain serving as police today.
With the conclusions of the autopsy report however, and with the findings of the fact finding team, charges must now be laid against those deemed responsible and they must be brought before a court of law to answer to the crimes they are alleged to have committed. If it is found that the four police officers who received administrative punishment for their involvement in this case, were in fact responsible for Yupiters death, then under no circumstance is a 14 day imprisonment or a salary increase cancellation appropriate punishment for the crime of torture and murder.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their intervention in ensuring that those deemed responsible for the torture and murder of Yupiter Manek are charged, brought before a court and sentenced accordingly.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
INDONESIA: Perpetrators of torture and murder must be properly prosecuted and punished
Name of victim: Yupiter Manek (alias Igung)
Name of alleged perpetrators: Officers attached to the Resort Police Belu
Date of incident: Between 18 and 22 December 2005
Place of incident: Resort Police Belu, East Nusa Tenggara, Indonesia
I am deeply concerned by the death of a man named Yupiter Manek who was detained at the Resort Police Belu, East Nusa Tenggara, Indonesia. Yupiter was arrested on 18 December 2005 on alleged sexual harassment and died at 12.30pm on December 23 in hospital where he had been transferred from the police station for medical treatment.
The police insisted that the victim died due to injuries obtained by falling in the bathroom. In fact, rather than launching a proper investigation into the victims suspicious death, the Resort Police Belu punished four officers, namely Muhammad Ramlah, Dewi, Nurhayati and Else, who were allegedly involved in the incident, by administering light administrative punishment of between 14 to 21 days imprisonment regarding their 'maltreatment' of Yupiter. This was in place of charges of 'torture or murder' of the victim as it should have been. As a result, none of the alleged offenders were prosecuted and they still remain serving as police today.
Since then, however, a fact finding team consisting of members from the religious community, the press, non-governmental organisations and the police, have established that there was evidence of physical violence against Yupiter by the police officers of the Resort Police Belu on 18, 19 and 20 December 2005, during the victims detention in police custody. It was established that Yupiter had been hung upside down and beaten with boots and fists. When Yupiter was taken to hospital, it was discovered that he had sustained serious head injuries. The post-mortem report (visum et repertum) stated that he was comatose and had suffered abrasions to the front of his head as a result of a hard object being struck against it. As a result of this, Yupiter had suffered a brain hemorrhage and had had his cranium broken. The autopsy was held on 15 February 2006 in Atambua Catholic Cemetery by a team of forensic doctors from Bhayangkara Hospital, Kupang. The autopsy, signed by Dr. Martinus Ginting, further strengthened the fact finding teams own conclusions that heavy blows were struck to Yupiters head, ultimately causing his death.
With the conclusions of the autopsy report, and with the findings of the fact finding team, charges must now be laid against those deemed responsible and they must be brought before a court of law to answer to the crimes they are alleged to have committed. If it is found that the four police officers who received administrative punishment for their involvement in this case, were in fact responsible for Yupiters death, then under no circumstance is a 14 day imprisonment or a salary increase cancellation appropriate punishment for the crime of torture and murder.
With this in mind, I trust that your intervention will be forthcoming.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 727
2. Brig.-Gen. R.B. Sadarum
Head of the East Nusa Tenggara Provincial Police
Jl. Jenderal Soeharto
Naikoten I
East Nusa Tenggara
INDONESIA
Tel. +62-380 821643
Fax. +62-380 833132
3. Mr. Hamid Awaluddin
Minister of the Justice and Human Rights Department
Departemen Hukum dan Hak Asasi Manusia
Jl. Rasuna Said Kav. 6-7, Kuningan
Jakarta Selatan
INDONESIA
Fax: + 62 21 5265480
Email: pp@depkumham.go.id
4. Mr. Abdul Rahman Saleh
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id
5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
6. Mr. Trimedya Panjaitan
Chairperson
Commission III on Justice and Human Rights
House of Representatives
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Fax: +62-21-571 5532
7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org
9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
