ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-009-2021
September 23, 2021
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INDONESIA: 44 people dead in a tragic incident at the Tangerang Class 1 Penitentiary Banten Province
ISSUES: Access to justice, fair trial, legal aid, administration of justice
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Jakarta Legal Aid Institute (LBH Jakarta)–a Human Rights, non-governmental organization based in Jakarta, Indonesia. It is regarding the latest fatalities bringing the total death toll of the tragic incident to 44 people. It is suspected to have been caused by an “electrical short circuit” in one of the cell blocks at the facility which included two foreign nationals. It took place in the early hours of September 8, 2021, at the Tangerang Class 1 Penitentiary in Banten that had seen scores of drug inmates killed there a day earlier.
CASE NARRATIVE:
Jakarta Legal Aid Institute (LBH), Jakarta, urges an investigation into the deadly fire at the Class I Tangerang Penitentiary. It is also calling for the Government to re-inspect the National Narcotics Legal System which tends to penalize narcotic addicts, leading to overcrowding of the penitentiary. The effectiveness of the narcotic units of the Indonesian National Police to the National Narcotics Agency (BNN) should be inspected, considering the narcotics problem has not been resolved.
In the early hours of September 8, 2021, there was a fire in the Class I Tangerang Penitentiary, resulting in 41 deaths and 73 injuries. The Legal Aid Institute (LBH), Jakarta, expresses our deepest condolences to the victims and their bereaved families for this tragedy.
The Minister of Law and Human Rights, Mr. Yasonna Laoly admitted that the electrical installation of Class I Tangerang Penitentiary had not been renovated since the building was built 49 years ago in1972.
In addition, according to the Director of Security and Order (Dirkamtib) at the Directorate of General of Corrections (Ditjenpas) Ministry of Law and Human Rights, Mr. Abdul Aris disclosed that there was only one team with approximately 15 officers. They secured the entire Tangerang Penitentiary during the fire. LBH Jakarta assesses that this condition proves how bad governance and security are oriented towards protecting the rights of prisoners in the penitentiary. In fact, as their name implies, they are ‘inmates’ who are expected to be able to return to society and start a new life after serving their sentence.
In addition, there is a vital record regarding the overcrowding. It is public knowledge that the Class I Tangerang Penitentiary has a capacity of 600 people, but is inhabited by 2,072 inmates. This means that there is an excess capacity of 250% of the penitentiary’s capacity. The block that was burned was also a special narcotics block. This condition can be regarded as one of the causes of the many casualties in this fire.
One of the causes of overcrowding is the Criminal Justice System. It still prioritizes imprisonment over non-prison sentences as described in the UN Standard Minimum Rules for Non-Custodial Measures, known as the “Tokyo Rules”. In the Tokyo Rules, it states as follows. The purpose of the non-prison sentence is twofold, vs. to implement an effective, alternative sentence for penalties and to provide the right balance between the individual rights of the perpetrators of the crime, the rights of the victims, and the interests of Society.
For this reason, Jakarta Legal Aid assesses that the restorative justice approach must be prioritized by Police and Attorneys alike, to carry out law-enforcement upholding the Law and Human Rights. For addicts, they must be rehabilitated. Evaluations of narcotics units from the Indonesian National Police to the National Narcotics Agency (BNN) must also be carried out, considering how the narcotics problem has not been resolved.
Furthermore, the Legal Aid Institute (LBH), Jakarta, urges a transparent and accountable process of investigation and evaluation. It is to determine whether or not there was an element of negligence (culpability) and/or intent in the prison fire incident. And, furthermore, to penalize the perpetrators, criminally, under Article 359 of the Criminal Code (KUHP) or be sued under Article 1366 of the Civil Code (KUHPerdata) and Court Regulations. The Regulation of the Supreme Court of the Republic of Indonesia, (Perma) Number 2 of 2019, concerns Guidelines for the Settlement of Disputes of Government Actions and the Authority to Adjudicate Lawful Acts by Government Agencies/Officials for the families of the victims.
SUGGESTED ACTION:
Please write to the Authorities listed below, requesting the following action. Make certain that the Government ensures a proper, transparent and accountable investigation into the death toll of this tragic incident. Moreover, the Government must immediately reform the regulations on Indonesian prisons. This includes two areas. First, resolve the problem of the overcrowding of prisoners. Second, repair the building and prison detention facilities in Indonesia.
The AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA: 44 people dead in a tragic incident at the Tangerang Class 1 Penitentiary Banten Province
Number of victims: 44 people, including two foreign nationals detained in the Tangerang Class 1 Penitentiary in Banten
Names of alleged perpetrators: Minister of Law and Human Rights and the Directorate General of Corrections (Ditjenpas)
Date of incident: In the early hours of September 8, 2021
Place of incident: Tangerang, Banten Province, Indonesia
I am writing to voice my deep concern regarding information from the Jakarta Legal Aid Institute (LBH Jakarta)–a Human Rights, non-governmental organization based in Jakarta, Indonesia. It is regarding the latest fatalities bringing the total death toll of the tragic incident to 44 people. It is suspected to have been caused by an “electrical short circuit” in one of the cell blocks at the facility which included two foreign nationals. It took place in the early hours of September 8, 2021, at the Tangerang Class 1 Penitentiary in Banten that had seen scores of drug inmates killed there a day earlier.
Jakarta Legal Aid Institute (LBH), Jakarta, urges an investigation into the deadly fire at the Class I Tangerang Penitentiary. It is also calling for the Government to re-inspect the National Narcotics Legal System which tends to penalize narcotic addicts, leading to overcrowding of the penitentiary. The effectiveness of the narcotic units of the Indonesian National Police to the National Narcotics Agency (BNN) should be inspected, considering the narcotics problem has not been resolved.
In the early hours of September 8, 2021, there was a fire in the Class I Tangerang Penitentiary, resulting in 41 deaths and 73 injuries. The Legal Aid Institute (LBH), Jakarta, expresses our deepest condolences to the victims and their bereaved families for this tragedy.
The Minister of Law and Human Rights, Mr. Yasonna Laoly admitted that the electrical installation of Class I Tangerang Penitentiary had not been renovated since the building was built 49 years ago in1972.
In addition, according to the Director of Security and Order (Dirkamtib) at the Directorate of General of Corrections (Ditjenpas) Ministry of Law and Human Rights, Mr. Abdul Aris disclosed that there was only one team with approximately 15 officers. They secured the entire Tangerang Penitentiary during the fire. LBH Jakarta assesses that this condition proves how bad governance and security are oriented towards protecting the rights of prisoners in the penitentiary. In fact, as their name implies, they are ‘inmates’ who are expected to be able to return to society and start a new life after serving their sentence.
In addition, there is a vital record regarding the overcrowding. It is public knowledge that the Class I Tangerang Penitentiary has a capacity of 600 people, but is inhabited by 2,072 inmates. This means that there is an excess capacity of 250% of the penitentiary’s capacity. The block that was burned was also a special narcotics block. This condition can be regarded as one of the causes of the many casualties in this fire.
One of the causes of overcrowding is the Criminal Justice System. It still prioritizes imprisonment over non-prison sentences as described in the UN Standard Minimum Rules for Non-Custodial Measures, known as the “Tokyo Rules”. In the Tokyo Rules, it states as follows. The purpose of the non-prison sentence is twofold, vs. to implement an effective, alternative sentence for penalties and to provide the right balance between the individual rights of the perpetrators of the crime, the rights of the victims, and the interests of Society.
For this reason, Jakarta Legal Aid assesses that the restorative justice approach must be prioritized by Police and Attorneys alike, to carry out law-enforcement upholding the Law and Human Rights. For addicts, they must be rehabilitated. Evaluations of narcotics units from the Indonesian National Police to the National Narcotics Agency (BNN) must also be carried out, considering how the narcotics problem has not been resolved.
Furthermore, the Legal Aid Institute (LBH), Jakarta, urges a transparent and accountable process of investigation and evaluation. It is to determine whether or not there was an element of negligence (culpability) and/or intent in the prison fire incident. And, furthermore, to penalize the perpetrators, criminally, under Article 359 of the Criminal Code (KUHP) or be sued under Article 1366 of the Civil Code (KUHPerdata) and Court Regulations. The Regulation of the Supreme Court of the Republic of Indonesia, (Perma) Number 2 of 2019, concerns Guidelines for the Settlement of Disputes of Government Actions and the Authority to Adjudicate Lawful Acts by Government Agencies/Officials for the families of the victims.
Therefore, I respectfully urge you to ensure that the Government ensures a proper, transparent and accountable investigation into the death toll of this tragic incident. Moreover, the Government must immediately reform the regulations on Indonesian prisons. This includes two areas. First, resolve the problem of the overcrowding of prisoners. Second, repair the building and prison detention facilities in Indonesia.
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 of 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 Program
Asian Human Rights Commission (ua@ahrc.asia)
