ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-004-2021
February 11, 2021
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INDONESIA: Balikpapan City Police Officers torture a man to death in custody
ISSUES: torture, extrajudicial killing, access to justice, legal aid, fair trial, impunity
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from a local network regarding the torture to death of Mr. Herman Alfred. It was allegedly conducted by Police Officers of the Balikpapan City Police Office (Kepolisian Resor Kota Balikpapan). Mr. Herman was alleged to have stolen a smartphone. Subsequently, unknown people forcibly picked him up from the Police station. In the end, the Balikpapan City police office officially informed Herman’s family that he died while under Police detention. Herman’s family faced difficulities in seeking to examine Herman’s body. Seemingly, the Police did not provide enough access to the family to view the body.
CASE NARRATIVE:
On Wednesday, December 2, 2020, at 09.00 pm, Mr. Herman was at his home. Suddenly, he was visited by three unknown people, allegedly Police officers of the Balikpapan City Police Office. Shortly thereafter, Mr. Herman was arrested and forcibly transferred to a vehicle. According to Herman’s family, he was purportedly forcibly picked up by Police Officers of the Balikpapan City Police Office. The situation is related to an alleged crime of stealing a smartphone and other valuable things which become evidence in the case.
On the following day, Thursday, December 3, 2020, at 10.00 pm, Herman’s family received a call from the Balikpapan City Police office informing them that Mr. Herman had passed away. After receiving this terrible news, Herman’s family immediately went to the Balikpapan Police. When the family arrived, the Police explained that before he died Herman was in great physical distress-frequently going to the bathroom, defecating and vomiting. He breathed his last on the way to the hospital.
The family felt that there was something odd about Herman’s death. They assumed that Herman had been tortured while being detained in Balikpapan Police custody. They requested that they be allowed to view Herman’s body at the hospital. The Police refused. They argued that there was no Doctor on duty as it was past midnight.
The police informed Herman’s family that his corpse would be managed by the Police. Understandably, the family refused because they wished to bury their family member themselves.
On December 4, 2020, at 08.30 am, the family received Herman’s transposed body from the Police. The family was shocked by the condition of Herman’s body. Observably, there were wounds and bruises that spread from Herman’s thighs to his toes, blackened skin on the back of his body accompanied by open scratches while the left ear was almost cut off.
In mid-January 2021, the family reported Herman’s torture to death to the Samarinda Legal Aid Institute (LBH Samarinda). On February 4, LBH Samarinda submitted a formal complaint to the East Kalimantan Regional Police and the complaint was copied to the Unit of Profession and Security (Propam) of the East Kalimantan Regional Police. As a result of the Herman family’s advocacy efforts, six Police officers of the Balikpapan Police Office were examined by the East Kalimantan Regional Police investigators and are still under investigation.
ADDITIONAL INFORMATION:
Indonesia is a State party of the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Nonetheless, Indonesia still does not have a national law which prosecutes and punishes torture. The Indonesia Penal Code (KUHP) does not have a specific provision on torture. The Code merely regulates ordinary crimes such as ill-treatment and violence. Moreover, the Law on Criminal Procedure (KUHAP) is also a cause of torture. The reason being that the Law regulates pre-trial detention of persons in Police custody, prison or detention centers. The case of torture to death of Mr. Herman is one horrible example of torture that occurred under pre-trial detention.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure that the Police Officer, who tortured Mr. Herman to death, must be held responsible and prosecuted by the Courts under the Fair Trial Principle. The investigation must be conducted in a transparent, accountable and accessible manner. Clarification is also needed to ascertain whether or not the local Police Commander was involved in the torture.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the UN Special Rapporteur on extrajudicial, summary or arbitrary execution.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA: Balikpapan City Police Officers torture a man to death while in custody
Name of victim: Mr. Herman Alfred
Names of alleged perpetrators: Police Officers of Balikpapan City Police Office (Polresta Balikpapan)
Date of incident: 2 – 4 December 2020
Place of incident: Police custody of Balikpapan City Police Office, East Kalimantan Province
I am writing to voice my deep concern regarding the torture to death of Mr. Herman Alfred. It was allegedly conducted by Police Officers of the Balikpapan City Police Office (Kepolisian Resor Kota Balikpapan). Mr. Herman was alleged to have stolen a smartphone. Subsequently, unknown people forcibly picked him up from the Police station. In the end, the Balikpapan City police office officially informed Herman’s family that he died while under Police detention. Herman’s family faced difficulities in seeking to examine Herman’s body. Seemingly, the Police did not provide enough access to the family to view the body.
On Wednesday, December 2, 2020, at 09.00 pm, Mr. Herman was at his home. Suddenly, he was visited by three unknown people, allegedly Police officers of the Balikpapan City Police Office. Shortly thereafter, Mr. Herman was arrested and forcibly transferred to a vehicle. According to Herman’s family, he was purportedly forcibly picked up by Police Officers of the Balikpapan City Police Office. The situation is related to an alleged crime of stealing a smartphone and other valuable things which become evidence in the case.
On the following day, Thursday, December 3, 2020, at 10.00 pm, Herman’s family received a call from the Balikpapan City Police office informing them that Mr. Herman had passed away. After receiving this terrible news, Herman’s family immediately went to the Balikpapan Police. When the family arrived, the Police explained that before he died Herman was in great physical distress-frequently going to the bathroom, defecating and vomiting. He breathed his last on the way to the hospital.
The family felt that there was something odd about Herman’s death. They assumed that Herman had been tortured while being detained in Balikpapan Police custody. They requested that they be allowed to view Herman’s body at the hospital. The Police refused. They argued that there was no Doctor on duty as it was past midnight.
The police informed Herman’s family that his corpse would be managed by the Police. Understandably, the family refused because they wished to bury their family member themselves.
On December 4, 2020, at 08.30 am, the family received Herman’s transposed body from the Police. The family was shocked by the condition of Herman’s body. Observably, there were wounds and bruises that spread from Herman’s thighs to his toes, blackened skin on the back of his body accompanied by open scratches while the left ear was almost cut off.
In mid-January 2021, the family reported Herman’s torture to death to the Samarinda Legal Aid Institute (LBH Samarinda). On February 4, LBH Samarinda submitted a formal complaint to the East Kalimantan Regional Police and the complaint was copied to the Unit of Profession and Security (Propam) of the East Kalimantan Regional Police. As a result of the Herman family’s advocacy efforts, six Police officers of the Balikpapan Police Office were examined by the East Kalimantan Regional Police investigators and are still under investigation.
Therefore, I respectfully urge you to ensure that the Police Officer, who tortured Mr. Herman to death, must be held responsible and prosecuted by the Courts under the Fair Trial Principle. The investigation must be conducted in a transparent, accountable and accessible manner. Clarification is also needed to ascertain whether or not the local Police Commander was involved in the torture.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
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. Mr. Yasonna Laoly
Minister 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. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Police Listyo Sigit Prabowo
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Mr. Bambang Soesatyo
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
7. Mr. Drs. Hasto Atmojo Suroyo, M.Krim.
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
8. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
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)
