INDONESIA: Alleged arbitrary arrest and killing of a man by Medan District Police Officers

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-143-2007
ISSUES: Arbitrary arrest & detention, Enforced disappearances and abductions, Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the unlawful arrest and brutal murder of Mr. Marsudi Tri Wijaya, for reasons that are as yet unknown, allegedly by Police Officers of the Medan District Police on 11 April 2007. None of the perpetrators have been arrested to date, and there is no progress in the investigation of this case. Mr. Wijaya’s body was found on the same day. 

CASE DETAILS:

On 11 April 2007, at around 5:00 am, five unidentified men claiming to be Medan District Police Officers forced their way into Mr. Wijaya’s home. Fast asleep at the time, Mr. Wijaya was abruptly woken up by the said men, who then proceeded to viciously beat and verbally abuse him, while his family could only watch helplessly in utter horror. According to Mr. Wijaya’s family who witnessed the incident, one of the men then began to strangle Mr. Wijaya and repeatedly asked him “Where is your book account? Where is your book deposit? Where do you keep your gun?”  When Mr. Wijaya replied that he did not possess any of the said items, he was then handcuffed and taken away by two of his attackers. 

The remaining three men ransacked Mr. Wijaya’s home; seizing two mobile phones, five watches, one woman’s handbag, one wallet, Mr. Wijaya’s motorcycle registration documents and his motorcycle. It is important at this point to make it clear that at no point during this incident was an arrest warrant ever presented to the victim, nor did the so-called “Police Officers” provide proof of identity. 

At around 2:00 pm on the same day, Mr. Wijaya’s family were informed that Mr. Wijaya’s body had been found from one of the villagers, and that his corpse had been taken to the local Bhayangkara Hospital. Mr. Wijaya’s brother, Mr. Mardi Wijaya, went to identify the body as that of his brother’s. 

Mr. Marsudi Wijaya’s body had two bullet wounds in the chest, and the nape of his neck was severely bruised; apparently the result of a sharp blow with a blunt instrument. His body was brought back home on April 12.

The victim’s family reported about the case of Mr. Wijaya to the North Sumatera Regional Police, Criminal Investigation Division on April 16. According to the information, the Northe Sumatera Regional Police has submitted a request letter for autopsies to the medical doctor of the hospital in Medan, and it is still not completed to date. However the police did no take actions for this case any further and the family reported about the incident to the National Central Police in Jakarta later on. 

Also the family reported about the case to the Komnas HAM (National Human Rights Commission Indonesia) on April 24 with assistance of the several local NGOs. 

SUGGESTED ACTION:

Please write to the relevant authorities listed below, expressing your grave concern and disgust at the illegal arrest, abduction and killing of Mr. Marsudi Wijaya, allegedly by the so-called “law enforcement” Officers of the Medan District Police. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

INDONESIA: Innocent man unlawfully arrested and brutally murdered by Medan District Police Officers. 

Name of victim: Mr. Marsudi Wijaya, resident of Sei Rotan Village, Deli Serdang District, North Sumatera 
Name of alleged perpetrators: Five yet unidentified Officers of the Medan District Police Station
Date of incident: 11 April 2007 
Place of incident: Victim’s residence at Sei Rotan Village, Deli Serdang District, North Sumatera and unknown place

              
I am writing to voice my deep concern regarding the unlawful and brutal murder of Mr. Marsudi Tri Wijaya, for reasons as yet unknown, allegedly by Police Officers of the Medan District Police on 11 April 2007. 

On 11 April 2007, at around 5:00 am, five yet unidentified men claiming to be Medan District Police Officers forced their way into Mr. Wijaya’s home. Fast asleep at the time, Mr. Wijaya was abruptly woken up by the said men, who then proceeded to viciously beat and verbally abuse him, while his family could only watch helplessly in utter horror. According to Mr. Wijaya’s family who witnessed the incident, one of the men then began to strangle Mr. Wijaya and repeatedly asked him “Where is your book account? Where is your book deposit? Where do you keep your gun?”. When Mr. Wijaya replied that he did not possess any of the said items, he was then handcuffed and taken away by two of his attackers. 

The remaining three men ransacked Mr. Wijaya’s home; seizing two mobile phones, five watches, one woman’s handbag, one wallet, Mr. Wijaya’s motorcycle registration documents and his motorcycle. It is important to make clear that no official arrest warrant was presented during the incident. It is also reported that the men who came to the victim’s house did not show any identification to prove themselves as police officers. 

At around 2:00 pm on the same day, Mr. Wijaya’s family were informed from one of the villagers that Mr. Wijaya’s body had been found, and that his corpse had been taken to the local Bhayangkara Hospital. Mr. Wijaya’s brother, Mr. Mardi Wijaya, went to identify the body as that of his brother’s. Mr. Marsudi Wijaya’s body had two bullet wounds in the chest, and the nape of his neck was severely bruised; the result of a sharp blow with a blunt instrument. His body was brought back home on April 12. 

On April 16, the victim’s family reported the case to the North Sumatera Regional Police, Criminal Investigation Division. According to the information, the Northe Sumatera Regional Police has submitted a request letter for autopsies to the medical doctor of the hospital in Medan, and it is still not completed to date. However the police did no take actions for this case any further and the family reported about the incident to the National Central Police in Jakarta later on. 

Also the family reported about the case to the Komnas HAM (National Human Rights Commission Indonesia) on April 24 with assistance of the several local NGOs. 

I understand that Indonesia was elected and became a member of the UN Human Rights Council in 2006. As such, it should be made the primary priority of the Indonesian Government to protect and uphold these fundamental human rights for its citizens. More importantly, flagrant abuses by people in state-appointed positions of authority such as seen here should not be tolerated. 

I therefore strongly urge you to apply the necessary pressure on the relevant judicial and law-enforcement authorities in the Medan District to conduct a thorough and impartial investigation into Mr. Wijaya’s murder, and to take proper prosecution action against the concerned Officers of the Medan District Police. In addition, adequate compensation should be paid to the victim’s bereaved family without delay. 

Although the reasons for Mr. Wijaya’s murder remain unknown, and that it appears to have been committed by state-appointed Police Officers, it is a moral outrage and should be treated as such. I also would like to point out that the domestic law against torture be amended in such a manner that the perpetrators can be prosecuted under such a law.

I look forward to your prompt and effective response in this matter. 

Yours sincerely,

—————-

PLEASE SEND COPIES TO:

1. Mr. Susilo Bambang Yudoyono 
President 
Republic of Indonesia 
Presidential Palace 
Jl. Medan Merdeka Utara 
Jakarta Pusat 10010 
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782

2. 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

3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277

4. Mr. Hamid Awaluddin
Minister of Justice and Human Rights 
Uahi Utoyo Usman S.H. 
Menteri Kehkiman
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095

5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM 
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. 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 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)