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INDONESIA: At least 5 villagers allegedly shot dead by Navy force in Pasuruan, East Java

Urgent Appeal Case |Indonesia | June 3, 2007

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-175-2007
ISSUES: Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding alleged extra judicial killings of at least 5 villagers in Pasuruan on 30 May 2007. Such incident happened for the reason that the villagers were trying to halt the cultivation process conducted by Rajawali Nusantara Corporation (RNC) in a dispute land. Several Navy forces attached to Navy’s Eastern Fleet in Surabaya who was safeguarding the dispute land then shot the villagers. We demand an impartial investigation conducted in this case in order to ensure that the perpetrators should be accountable for their criminal act in civil trial elsewhere just military court.

CASE DETAILS:

On 29 May 2007, Rajawali Nusantara Corporation (RNC), having connection with Indonesian Navy Forces – Navy’s Eastern Fleet in Surabaya, cultivated a land in Alas Tlogo Village, Lekok, Pasuruan, East Java, which it was disputed between the villagers and the RNC. The villagers asked them to halt the process because in the land there are still soil plants. After they had a negotiation, the cultivation process was halted.

On 30 May 2007, RNC started to cultivate the land again, safeguarded by the Navy personnel. Around 9pm, the navy forces assemble in front of groups of villagers, in which they were asking RNC to bring to an end of the cultivation process. However the Navy said that they got an order from their superior to take any necessary act against villager who wants to stop the cultivation process. Navy warned the villagers if they insist to approach the land, they would be shot.

According to Munaji, one of witnesses, villagers indeed tried to halt the process since it is a dispute land. Few minutes then, he heard one of the navy told that, “…that guy with a blue shirt, will be shot until death, in a minute….” while aimed his gun to the man.  Several minutes afterwards, suddenly, the navy forces fired towards to groups of villagers. Many bullets then, found in quite a lot of spots light walls, mosque, and so on. The villagers were panic hearing the gunshot. Some of them were fall down, yet some of ran over.

The navy forces tried to seize some of villagers. They allegedly kicked the villagers who were caught. There are few people who was kicked on their head, and beaten allegedly by the Navy using their riffles as well as they were shot on their legs.

Few shots were allegedly targeted to kill certain villagers. For instance, Mr. Sutam bin Suruyam, he was shot to death on his head from distance approximately 5-10 meters. Then, the navy forces kept shooting on the villagers who were trying to save their self. Furthermore, Mr. Rohman bin Saumar (17) was found died in position sitting under a tree.

Without noticed the situation happened, the navy forces still shooting villagers. One of victims, Ms. Dewi Khodijah binti Juma’atun, 4 months pregnant, shot on her head. Her position was in the kitchen cooking some foods. Also, Mrs. Mistin binti Samat, who was carrying out her son, Choirul Agung (4), shot on her back and the bullet was through her chest and hit her son. She died instantly, while her son died in the Syaiful Anwar Hospital, Malang.

The incident in Pasuruan resulting at least five villagers died and six others severely injured. Those who were died are: Ms. Dewi Khotidja binti Juma’atun (21 years old), Ms. Mistin (21), Choirul Agung (4), Mr. Rohman bin Saumar (17), and Mr. Sutam Saruyan (45). Meanwhile, those who were severely injured are: Mr. Erwanto (17), Mr. Misdi (40), Mr. Satiran (45), Mr. Nasum (27), Mr. Rohman (29), and Mr. Tosan (25). And according to our local partner, there is man who was missing, Mr. Bayan, until now his presence still obscurity.

The Navy claims that they did not fired at the villagers but only shot in the air and the ground to warn the villagers, who attacked the Navy personnel during the incident. They further claimed that the victims were killed by the ricocheted bullet after hitting the ground. However, the eye witnesses of the incident declined the claim of the Navy.

Meanwhile, Djoko Suyanto, the Military Chief Commander General, promised to establish a full investigation and also promised to provide the compensation to the victim. It is reported that 13 navy officers allegedly involved in the incident have been detained by the Navy military police. However, there is serious concern about the transparency of the military investigation into this case. The AHRC has a view that the investigation into this case should be conducted by the independent investigating agency from the central government (not by the local police in Pasuruan) in order to ensure the accountability of the investigation. We also urge the Indonesian government to ensure that the National Human Rights Commission of Indonesia (KOMNAS HAM) can investigate this case without any obstruction by the navy, and can freely access to the families of the victims and eye-witnesses.

The AHRC also concerns that the accused navy officers are most likely to escape from legal responsibility or receive very light sentence if they are tried at the military court. For example, the AHRC has previously reported that regarding the case of torture and murder of Paulus Erwin Kusvidiyanto, the accused three military officers were sentenced to one and a half, two, and 18 months jail by the military court of Bandung on 4 November 2004. In this case, the local police also refuse to investigate the involvement of at least five others in the killing (For details, see UA-137-2005). In fact, the military court in Indonesia is notorious for violating a fair trial and allowing ‘legitimated’ impunity to the accused military personnel involved in gross human rights violations against civilians.

BACKGROUND INFORMATION:

Villagers of Alas Tlogo Village have been cultivating their land since many years back. But since 1998, RNC claimed its ownership over their land. Then the villagers filed a complaint to Pasuruan District Court. In 1999, the court concluded the case that the RNC was the legal owner of the said land. The villagers appealed against the Court verdict and the appeal case is pending on the East Java High Court to date. Therefore, action taken by the RNC is arbitrary as the case has not been concluded in court.

Moreover, this case is yet another example to illustrate the nexus between the security forces and the private sectors. Although guarding the action taken by the private corporation does not fall under the duty of the Navy, the Navy personnel was dispatched to safeguard the act by the said corporation. The investigation should also be conducted into this alleged corruption and those responsible should be held accountable for it. The AHRC also demand that the accused navy officers should be tried at the civilian court as they acted outside their duty.

SUGGESTED ACTION:
Please write to the authorities listed below expressing your grave concern regarding the incident in Pasuruan resulting at least five villagers died, allegedly shot by Navy forces. The authorities must exhaust all means to ensure that a credible, proper and immediate investigation is conducted to guarantee that the perpetrators are effectively prosecuted. Please demand that impartial investigation on this case is properly conducted in order to assure that the alleged perpetrators shall taking into account for the criminal act, which they had already committed. The victim’s family must also be afforded appropriate compensation without further delay.

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

SAMPLE LETTER

Dear __________,

INDONESIA: At least 5 villagers allegedly shot dead by the Navy force in Pasuruan, East Java

List of the victims: 
Those who were died are: 
1) Ms. Dewi Khotidja binti Juma’atun, aged 21, 2) Ms. Mistin, aged 21, 3) Choirul Agung, aged 4, 4) Mr. Rohman bin Saumar, aged 17, 5) Mr. Sutam Saruyan, aged 45 
Those who were severely injured are: 
1) Mr. Erwanto, aged 17, 2) Mr. Misdi, aged 40, 3) Mr. Satiran, aged 45, 4) Mr. Nasum, aged 27, 5) Mr. Rohman, aged 29, 6) Mr. Tosan, aged 25 
Victim went missing: Mr. Bayan 
All of them are resident of Alas Tlogo Village, Pasuruan, East Java
Alleged perpetrators: Group of Navy forces attached to Navy Eastern Fleet in Surabaya, which was guarding a dispute land in Alas Tlogo Village, Pasuruan, East Java
Date of incident: 30 May 2007
Place of incident: Alas Tlogo Village, Lekok, Pasuruan, East Java

I am writing to raise my cavernous concern regarding the alleged extra judicial killings of at least 5 villagers by the Navy forces in Pasuruan on 30 May 2007.

According to the information I have received, on 29 May 2007, Rajawali Nusantara Corporation (RNC), having connection with the Navy’s Eastern Fleet in Surabaya, arbitrarily began to cultivate a land in Alas Tlogo Village, Lekok, Pasuruan, East Java, which it was disputed between the villagers and the RNC. Although Pasuruan District Court concluded that the RNC has the legal ownership over the said disputed land, the appeal case lodged by the villagers is pending on the East Java High Court to date. Therefore, action taken by the RNC is arbitrary as the case has not been concluded in court.

However, on 30 May 2007, RNC – with help of the Navy forces – again attempted to process the cultivation on the said land. Afterwards, the navy forces allegedly fired at villagers who were attempting to halt the process.

I am reported that one of victims, Ms. Dewi Khodijah binti Juma’atun, 4 months pregnant, shot on her head. Also, Mrs. Mistin binti Samat, who was carrying out her son, Choirul Agung (4), shot on her back and the bullet was through her chest and hit her son. She died instantly, while her son died in the Syaiful Anwar Hospital, Malang. The incident itself resulting at least five villagers died, at least six others severely injured, and also at least one man missing. Name of the victims killed and injured by the firing by the Navy forces are mentioned above.

The Navy claims that the villagers were accidentally killed and injured by the ricocheted bullet after hitting the ground, after they fired at the air and the ground for warning. However, such claim is revealed as false according to the testimony by the eye witnesses.

While noting that the military police already launched the investigation into this case and detained the 13 navy officers concerned, I am deeply concerned about the transparency of the military investigation into this case. I therefore strongly urge you to ensure that an impartial and effective investigation is immediately conducted by the independent investigating agency appointed by the central government (not by the local police in Pasuruan) in order to ensure the accountability of the investigation. I also request you to ensure that the National Human Rights Commission of Indonesia (KOMNAS HAM) can investigate this case without any obstruction by the navy.

Moreover, I want to draw your attention that the safeguarding of the act by the said corporation and the alleged shooting by the Navy forces is not under any military duty. This case illustrates the nexus between the security forces and the private sectors. Therefore perpetrators should be taking into account to the civilian trial aside to the military trial for their disciplinary sanction. I also urge you to order an investigation into this alleged corruption and those responsible should be held accountable for it.

I want to draw your attention that the Constitution of Indonesia guarantees the right to life of its citizens and strictly mentions that no one shall be arbitrarily deprived of his life. The same fundamental right is guaranteed in the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party. Based on domestic and international law foregoing mentioned, Indonesian Government has the obligation to fulfill its citizen’s right to life and therefore any actions against this fundamental right shall be prosecuted and punished in apposite sentence. I therefore demand the responsible navy officers should be charged with “murder” under Article 338 Indonesian Penal Code, which described the maximum punishment of 15 years in jail.

I am also concerned that the accused navy officers are most likely to escape from legal responsibility or receive very light sentence or disciplinary section if they are tried at the military court. For instance, in the case of torture and murder of Paulus Erwin Kusvidiyanto, the accused three military officers were only sentenced to one and a half, two, and 18 months jail by the military court of Bandung on 4 November 2004. Therefore I strongly urge you to exhaust all means that alleged perpetrators are successfully prosecuted and convicted under Article 338.

More importantly, flagrant abuses by persons in authority should not be tolerated. Command responsibility principle should be become aware of, since it is quite questionable if the commander of the perpetrators did not know.

I understand that Indonesia had just been reelected to the UN Human Rights Council. As a result of this reelection, I urged the government to show its sincerity to protect and uphold the highest standards on human rights for its citizens by proving to make its pledges into reality, in particular to guarantee that the victims and their family obtain redress. In addition, adequate compensation should be given to them without further delay, as opposed to just finance their medical and funeral expenses.

Mischief of military forces similar to this case had been taking places in numerous areas throughout Indonesia during the New Order regime. Should Indonesia, not turning back to such dark ages.

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

Yours sincerely,

——————–

PLEASE SEND YOUR LETTERS 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. Hendarman Supandji
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. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng 
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227

5. Air Chief Marshal Djoko Suyanto 
Military Commander in Chief 
Mabes TNI, Cilangkap
Jakarta 13870
Tel: +62 8459-1244, 8459-1243
Fax: +62 845-6805

6. Admiral Slamet Subijanto
Commander in Chief of Indonesian Navy Forces
Mabes TNI, Cilangkap
Jakarta 13870
Tel: +62 8459-1244, 8459-1243
Fax: +62 845-6805

7. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Atten: Lydie Ventre 
Room 3-016 
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (Attn: SPECIAL RAPPORTEUR EXTRAJUDICIAL KILLINGS)

Thank you.

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

Related content
Document Type : Urgent Appeal Case
Document ID : UA-175-2007
Countries : Indonesia,
Issues : Extrajudicial killings,

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