Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture and ill-treatment of Seko indigenous people in North Luwuk, South Sulawesi province. The North Luwuk police favored the Seko Power Prima Company (PT. Seko Power Prima). They arrested, detained and forced the local people to accept the company’s plan to develop a hydro-electric power plant (PLTA) on their land. The local people, the government, the police and the company failed to have a peaceful, conclusive dialogue. Cases of alleged illegal arrest and torture have been reported to the police, but up until now no significant progress has been made into the investigation.
CASE NARRATIVE:
In 2004, the Regent of North Luwuk issued letter Number 300. It contained the decision acknowledging the Seko as an Indigenous People. The local government also recognized that the Seko territory consisted of Seko Lemo, Seko Tengah and Seko Padang. The letter documented the government’s obligation to protect the Seko people. If the government issues a permit for the mining company to explore natural resources, it should also notify the Seko indigenous people.
In 2014, there was a rumor leveled at the local community. In essence it postulated that a hydro-electric power plant (PLTA) would be developed in Seko. There was no official Government confirmation about this rumor. But the people began to worry. Initially they refused to countenance the development of the PLTA. They brought the matter up to the Vice Regent of North Luwuk when he visited Seko on March 14, 2016.
On the very next day, May 15, after the meeting with the Vice Regent of North Luwuk, Mr. Andi Karyo, coordinator of the Seko indigenous peoples’ movement and Mr. Daniel Basri were arrested by police officers WITHOUT an arrest warrant. They were immediately brought to the North Luwuk Police Station (Polres Luwu Utara).
When the two community leaders were arrested, the Seko Power Prima Company began a land survey to develop the PLTA.
There were pros and cons among the local indigenous community about the PLTA development. To bridge this gap, the Seko Power Prima Company initiated an organized study visit for the local community on the development of PLTA in Bengkulu province. The Company had the expectation that after a study visit the local community would support the PLTA. However, just the opposite took place. During the Bengkulu study visit, the Seko indigenous people met with victims of FORCED eviction by the PLTA development. Additional people strongly rejected the development of the PLTA in Seko. And of course, this development was disappointing to the Company.
In October 2016, the indigenous people conducted a public protest. Chaos reigned, resulting in 11 Seko indigenous people being arrested by the Police. In January 2017, there was a second protest. They destroyed the land survey results belonging to the Seko Power Prima Company. After the protest was over, the police arrested and detained Mr. Amisandi.
After Amisandi’s arrest and detention, the Seko local indigenous people requested public lawyers of the Legal Aid and Human Rights Association (PBHI) to provide legal assistance for Amisandi. Subsequently, the public lawyers’ team submitted a pretrial lawsuit against the Police. They challenged the legality of the arrest and the detention. A lawyer requested two Seko indigenous persons to be witnesses in the trial process.
When the two witnesses were to go to Masamba for their court testimony, they were stopped by police officers NOT in uniform. Without speaking, the five police officers attacked the two witnesses. They were brought to the Seko Power Prima Company. Here they were interograted about their involvement in the protest including the destruction of the survey results and land samples belonging the Company. In the interview, Mr. Aris Marlon akcnowleded that he took the land samples and brought them home. He said that he did not destroy the land samples or the survey. Meanwhile, another witness Mr. Ivan Stopia did not say a single word during the interogration. He was afraid because he did not participate in the protest. The Police then beat them up and transferred them to the North Luwuk Police Station (Polres Luwuk Utara).
Aris was detained for two days in police custody. Ivan was not in custody but neither was he allowed to leave the police Station for two days. After the two days were up, Aris was again interrogated. He was forced to sign a letter which declared that he would not get involved in the same protest. Finally they were released.
They went to meet with the public lawyers team. They related their experience in police custody. On March 9, 2017 they decided to report the case of ill-treatment to the South Sulawesi Regional Police Station (Polda Sulawesi Selatan). However, there was no progress made on their report. The Polda Sulawesi Selatan transferred the case to the North Luwuk Police Station for further investigation.
SUGGESTED ACTION:
Please write to the authorities listed below. Ask them to ensure, that the rights of the Seko indigenous people are protected. They should not be subject to criminalization actions. It stands to reason that the permit of the Seko Power Prima Company be fully re-examined. The Police need to stop their criminalization and intimidation of the local indigenous people. A proper investigation is expected into the relationship of the North Luwuk police and the Company. The Chief of the National Police should be responsible for this.
An independent commission such as the National Commission on Human Rights (Komnas HAM), Ombudsman and the National Police Commission (Kompolnas) COULD be more active in protecting the Seko indigenous people.
The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Special Rapporteur on the rights of the indigenous peoples calling for their intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Seko Indigenous People victims of torture, ill-treatment and land grabbing
Names of victims: Mr. Amisandi, Mr. Aris Marlon, Mr. Ivan Stopia
and the Seko indigenous peoples’ Community
Names of alleged perpetrators: Seko Power Prima Company (PT. Seko Power Prima)
and the North Luwuk Police Station (Polres Luwuk Utara)
Dates of incidents: March 2016 – March 2017
Place of incident: North Luwuk Regency, South Sulawesi Province
I am writing to voice my deep concern regarding the torture and ill-treatment of Seko indigenous people in North Luwuk, South Sulawesi province. The North Luwuk police favored the Seko Power Prima Company (PT. Seko Power Prima). They arrested, detained and forced the local people to accept the company’s plan to develop a hydro-electric power plant (PLTA) on their land. The local people, the government, the police and the company failed to have a peaceful, conclusive dialogue. Cases of alleged illegal arrest and torture have been reported to the police, but up until now no significant progress has been made into the investigation.
In 2004, the Regent of North Luwuk issued letter Number 300. It contained the decision acknowledging the Seko as an Indigenous People. The local government also recognized that the Seko territory consisted of Seko Lemo, Seko Tengah and Seko Padang. The letter documented the government’s obligation to protect the Seko people. If the government issues a permit for the mining company to explore natural resources, it should also notify the Seko indigenous people.
In 2014, there was a rumor leveled at the local community. In essence it postulated that a hydro-electric power plant (PLTA) would be developed in Seko. There was no official Government confirmation about this rumor. But the people began to worry. Initially they refused to countenance the development of the PLTA. They brought the matter up to the Vice Regent of North Luwuk when he visited Seko on March 14, 2016.
On the very next day, May 15, after the meeting with the Vice Regent of North Luwuk, Mr. Andi Karyo, coordinator of the Seko indigenous peoples’ movement and Mr. Daniel Basri were arrested by police officers WITHOUT an arrest warrant. They were immediately brought to the North Luwuk Police Station (Polres Luwu Utara).
When the two community leaders were arrested, the Seko Power Prima Company began a land survey to develop the PLTA.
There were pros and cons among the local indigenous community about the PLTA development. To bridge this gap, the Seko Power Prima Company initiated an organized study visit for the local community on the development of PLTA in Bengkulu province. The Company had the expectation that after a study visit the local community would support the PLTA. However, just the opposite took place. During the Bengkulu study visit, the Seko indigenous people met with victims of FORCED eviction by the PLTA development. Additional people strongly rejected the development of the PLTA in Seko. And of course, this development was disappointing to the Company.
In October 2016, the indigenous people conducted a public protest. Chaos reigned, resulting in 11 Seko indigenous people being arrested by the Police. In January 2017, there was a second protest. They destroyed the land survey results belonging to the Seko Power Prima Company. After the protest was over, the police arrested and detained Mr. Amisandi.
After Amisandi’s arrest and detention, the Seko local indigenous people requested public lawyers of the Legal Aid and Human Rights Association (PBHI) to provide legal assistance for Amisandi. Subsequently, the public lawyers’ team submitted a pretrial lawsuit against the Police. They challenged the legality of the arrest and the detention. A lawyer requested two Seko indigenous persons to be witnesses in the trial process.
When the two witnesses were to go to Masamba for their court testimony, they were stopped by police officers NOT in uniform. Without speaking, the five police officers attacked the two witnesses. They were brought to the Seko Power Prima Company. Here they were interograted about their involvement in the protest including the destruction of the survey results and land samples belonging the Company. In the interview, Mr. Aris Marlon akcnowleded that he took the land samples and brought them home. He said that he did not destroy the land samples or the survey. Meanwhile, another witness Mr. Ivan Stopia did not say a single word during the interogration. He was afraid because he did not participate in the protest. The Police then beat them up and transferred them to the North Luwuk Police Station (Polres Luwuk Utara).
Aris was detained for two days in police custody. Ivan was not in custody but neither was he allowed to leave the police Station for two days. After the two days were up, Aris was again interrogated. He was forced to sign a letter which declared that he would not get involved in the same protest. Finally they were released.
They went to meet with the public lawyers team. They related their experience in police custody. On March 9, 2017 they decided to report the case of ill-treatment to the South Sulawesi Regional Police Station (Polda Sulawesi Selatan). However, there was no progress made on their report. The Polda Sulawesi Selatan transferred the case to the North Luwuk Police Station for further investigation.
Therefore, I respectfully request you to ensure that the rights of the Seko Indigenous People be protected. They should not be subject to criminalization actions. The permit of the Seko Power Prima Company should be carefully re-examined. Police need to stop their criminalization and intimidation of local people. And finally, the Chief of the National Police should initiate a proper investigation into the relationship between the North Luwuk Police and the Company.
An independent commission such as the National Commission on Human Rights (Komnas HAM), Ombudsman and the National Police Commission (Kompolnas) COULD be more active to protect the Seko Indigenous people.
I look forward to your prompt action in this matter.
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 Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, 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
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Abdul Haris Semendawai
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
9. M. Imdadun Rahmat
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)
