INDONESIA: Attempted murder; failure to properly investigate case; police inaction; absence of witness and victims protection; collapse of rule of law
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Dear friends,
In November 2005, the Asian Human Rights Commission (AHRC) reported on the shooting of two senior high school students in Jl. Gatot Subroto, Kasintuwu, Poso Kota, Central of Sulawesi, Indonesia. Two unidentified persons riding motorcycles shot the two students before escaping the scene of the crime. This shocking attack on the two students left the community of Poso distressed and afraid of further repercussions (to see further details of this case please refer to UA-202-2005).
Four months after the incident, the victims, Sitti Nuraini and Ivon Nathalia testified in the case in Palu, Central Sulawesi. On 23 March 2006, the two victims met the Chief of Provincial Police of Central Sulawesi, Brigadier General of Police, Oegroseno and gave their testimonies. They testified that one of the shooters was the First Brigadier Police Officer from the Resort Poso Police. They described what he looked like and what he was wearing at the time of the incident. They explained that when they first testified in this case, they did not mention the officers name as they had known him for some time and considered him a friend.
Brig-Gen. Oegroseno said he would investigate into the updated information the victims had provided him. On 11 April 2006 the joint team from the National Police and the Provincial Police of Central Sulawesi arrested the suspect (whose initials are IL). He was detained for questioning and then placed in prison. The investigators then searched for evidence, including the gun used in the shooting, as well as explored motives for the incident and as to whether it was meant to spread terror in Poso or was a personal attack.
Prior to this suspect being questioned and detained, the police in Poso arrested three people, Ismet (Metu), David and Aksan. A few days later, all three were released due to the lack of evidence connecting them to the attack. Ismet reportedly had to be hospitalised at a mental institution after his release, which his family said was the result of physical abuse he had suffered while in custody.
No further investigation was conducted after the release of the three men until on 23 March 2006 when the victims were called to testify.
The suspect, IL, remains in detention though no formal charges have been laid against him
SUGGESTED ACTION:
Please write to the relevant authorities listed below requesting that further investigations be held into this case. Of paramount importance is that the perpetrators of the shooting are prosecuted and punished. The detention and treatment of the three persons detained immediately after the shooting should also be looked into.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
INDONESIA: Perpetrators of shooting should be identified, prosecuted and punished
Name of victims: Two senior high school students, Ivon Nathalia (17) and Sitti Nuraini (17)
Name of alleged perpetrators: Two men, one of whom is the First Brigadier Police Officer from the Resort Poso Police with the initials IL
Date of incident: 8 November 2005
Place of incident: Jl. Gatot Subroto, Kasintuwu, Poso Kota, Central of Sulawesi, Indonesia Poso
I write to you regarding the current status of a shooting that took place in Jl. Gatot Subroto, Kasintuwu, Poso Kota, Central of Sulawesi, Indonesia in November 2005. I am aware that two persons riding motorcycles shot two senior high school students, Sitti Nuraini and Ivon Nathalia before escaping the scene of the crime. This shocking attack on the two students left the community of Poso distressed and afraid of further repercussions.
Immediately following the shooting, the police in Poso arrested three people, Ismet (Metu), David and Aksan. A few days later, all three were released due to the lack of evidence connecting them to the attack. Ismet reportedly had to be hospitalised at a mental institution after his release, which his family said was the result of physical abuse he had suffered while in custody.
No further investigation was conducted after the release of the three men until on 23 March 2006 when the victims were re-called to testify.
On 23 March 2006, the two victims met the Chief of Provincial Police of Central Sulawesi, Brigadier General of Police, Oegroseno and gave their testimonies. They testified that one of the shooters was the First Brigadier Police Officer from the Resort Poso Police. They described what he looked like and what he was wearing at the time of the incident. They explained that when they first testified in this case, they did not mention the officers name as they had known him for some time and considered him a friend.
Brig-Gen. Oegroseno said he would investigate into the updated information the victims had provided him. On 11 April 2006 the joint team from the National Police and the Provincial Police of Central Sulawesi arrested the suspect (whose initials are IL). He was detained for questioning and then placed in prison. The investigators then searched for evidence, including the gun used in the shooting, as well as explored motives for the incident and as to whether it was meant to spread terror in Poso or was a personal attack. I am aware that the suspect remains in detention though no formal charges have been laid against him.
I am deeply concerned by the lack of progress in this case. Admittedly, a person is being detained for his alleged involvement, but no formal charges have been laid. With almost six months having now passed since the incident, I would hope that the investigations reach some conclusion shortly and that those deemed responsible are identified, prosecuted and punished. I understand that there was some delay initially in this case due to the victims unwillingness to identify the alleged perpetrator. But this comes as little surprise given that there is no witness or victims protection in Indonesia. Though the Working Committee of Witness and Victims Protection Draft Bill is currently being discussed in parliament, this is of little help to witnesses and victims today, who are afraid to come forward and identify perpetrators out of fear for the repercussions for doing so. For this reason, the bill must be passed without further delay.
Lastly, I would ask that an investigation be launched into the detention and treatment of the three persons detained immediately after the shooting. I am aware that this is not the first time that the Indonesian police have arrested, detained and tortured persons for the purpose of showing the public that the police are doing something about a particular case. But doing so, while deflecting possible blame of police perpetrators must in no way be accepted and persons found to be doing this must be punished accordingly.
I therefore ask for your intervention in this case so that those responsible for the shootings, together with those who arrested, detained and tortured innocent persons, be held accountable for the crimes they committed.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Istana Negara
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 3457782
Email: presiden@ri.go.id
2. Mr. Gen. Sutanto
Chief of the National Police of Indonesia
Mabes Berkas Polri
Jl. Trunojoyo No. 3 Kebayouran Baru
Jakarta Selatan
INDONESIA
Tel: + 62 21 7218144
Fax: + 62 21 7207277, 7201402
Email: kapolri@polri.go.id
3. 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
4. Mr. Abdul Hakim Garuda Nusantara
Chairperson
The National Commission on Human Rights of Indonesia (Komnas HAM)
Jl. Latuharhary 4B
Jakarta Pusat 10310
INDONESIA
Tel: + 62 21 3925230
Fax: + 62 21 3925227
Email: info@komnas.go.id
5. Mr. Agung Laksono
Chief of the Indonesia House of Representative
Gedung DPR/MPR RI
Jl. Gatot Subroto No. 6
Jakarta
INDONESIA
Tel : + 62 21 5715509; 5715344; 5715621
Fax : + 62 21 5714469, 5734389
Website : www.dpr.go.id
6. Mr. M. Ichsan Loulembah
District Legislative Council
Conflict Areas Caucus
Gedung DPR/MPR RI
Jl. Gatot Subroto No. 6
Jakarta
INDONESIA
Tel : + 62 21 5715509; 5715344; 5715621
Fax : + 62 21 5714469, 5734389
Website : www.dpr.go.id
7. 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
8. 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
9. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
