Dear Friends,
The Asian Human Rights Commission (AHRC) has information provided by the Commission for the Disappearances and Victims of Violence (KontraS), a national human rights organization. A light punishment was meted out to four police officers of Sungailiat Police Resort (Polres Sungailiat) in the torture to death of Mr. Suharli (alias Tembo). Despite the fact that they recognized in the judgment that the victim’s death was caused by torture, the judges were not brave enough to levy a heavier sentence to properly punish the four police officers.
CASE NARRATIVE:
On 17 February 2016, the judges of the Sungailiat district court sentenced four police officers of the Polres Sungailiat to three years imprisonment. The four police officers were Brigadier M Juhdi, Brigadier Burhan Prasetyo, Brigadier Fatuh Aprian and Brigadier Istari Shola.
A witness (a defendant’s wife) stated that she saw Mr. Suharli, and other defendants with handcuffs behind their back being pulled by the hair. The victim was slapped by the accuser to force him to make a confession. In addition, all the defendants brutally attacked the victim, kicking and beating him on the face while stamping on his body.
Based on the results of a post mortem conducted by a doctor on August 11, 2015 and issued by the Sungailiat hospital, the following traumas were noted: blue bruises on the bottom of the left chest, measuring 10x8cm, a wound on the right foot 1x1cm, sores caused by tissues torn on the left foot 3x2cm, a wound on the right wrist 5x0x3cm, a swollen and bluish bruise across the back of his right hand, the back of the upper left hand is bruised black and blue, 13 x 2 cm, a wound at the elbow 1×1 cm, swelling on the left wrist 3 x 2 cm, swelling on the bottom of the right arm 3 x 2 cm, blue bruises around the right eye 4 x4 cm, bleeding in a layer of the victim’s eyeball.
We deplore the investigating team of the Bangka Belitung Regional Police (Polda Bangka Belitung) and the public prosecutor. They did not monitor a Letter of Notification of the investigation Process (SPDP). Moreover the investigator and prosecutor intended to exclude article 422 of the Indonesian Penal Code (KUHP) on crimes committed by officials. Therefore, the public prosecutor of Sungailiat only prosecuted four police officers with three years imprisonment. Finally, the judge sentenced the perpetrators to three years imprisonment, echoing the public prosecutor’s calculation. Adequate remedies to support the victim’s family and further investigation to ensure that superiors in command were not involved in the torture crime, is lacking
This case has proven that the Indonesian legal system has failed to address torture. Up to now, the government has yet to show any seriousness in finishing the revision of the Indonesian Penal Code. The existing penal code does not recognize torture as a crime. Ironically, the parliament has just refused to adopt the bill on torture submitted by the government.
Therefore this situation has contributed to the enjoyment of a light punishment and impunity of the accused with no justice or support for the victim of torture.
ADDITIONAL INFORMATION:
Torture remains a serious problem in Indonesia and in many cases has caused the death of victims while the perpetrators enjoyed only light punishment. So far no significant effort has been initiated by the government to seriously eradicate torture. Perpetrators still dominate in the police force while many of them think that torture is “an effective way” to obtain a confession from a victim. Ironically, there is a prohibition that the police or investigator may not conduct torture to obtain a confession. But when the evidence is presented in court, the judges will mostly ignore it.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the high court review the case in order to strengthen the judge’s sentence. The police should investigate further to ensure that there was no involvement of the superior commanders. The National Commission on Human Rights needs to monitor the investigation and the trial process. And the government should provide adequate support for the victim’s family.
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 Special Rapporteur on extrajudicial, summary or arbitrary executions, calling for their intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Light punishment for four police officers who tortured to death the victim
Name of victim: Mr. Suharli
Alleged perpetrators:
Brigadier M Juhdi, Brigadier Burhan Prasetyo, Brigadier Fatuh Aprian and Brigadier Istari Shola.
Date of incident:
The torture occurred on 1 August 2015, the sentence on 16 February 2016
Place of incident: Sungailiat, Bangka Belitung province
I am writing to voice my deep concern regarding a light punishment was meted out to four police officers of Sungailiat Police Resort (Polres Sungailiat) in the torture to death of Mr. Suharli (alias Tembo). Despite the fact that they recognized in the judgment that the victim’s death was caused by torture, the judges were not brave enough to levy a heavier sentence to properly punish the four police officers.
On 17 February 2016, the judges of the Sungailiat district court sentenced four police officers of the Polres Sungailiat to three years imprisonment. The four police officers were Brigadier M Juhdi, Brigadier Burhan Prasetyo, Brigadier Fatuh Aprian and Brigadier Istari Shola.
A witness (a defendant’s wife) stated that she saw Mr. Suharli, and other defendants with handcuffs behind their back being pulled by the hair. The victim was slapped by the accuser to force him to make a confession. In addition, all the defendants brutally attacked the victim, kicking and beating him on the face while stamping on his body.
Based on the results of a post mortem conducted by a doctor on August 11, 2015 and issued by the Sungailiat hospital, the following traumas were noted: blue bruises on the bottom of the left chest, measuring 10x8cm, a wound on the right foot 1x1cm, sores caused by tissues torn on the left foot 3x2cm, a wound on the right wrist 5x0x3cm, a swollen and bluish bruise across the back of his right hand, the back of the upper left hand is bruised black and blue, 13 x 2 cm, a wound at the elbow 1×1 cm, swelling on the left wrist 3 x 2 cm, swelling on the bottom of the right arm 3 x 2 cm, blue bruises around the right eye 4 x4 cm, bleeding in a layer of the victim’s eyeball.
We deplore the investigating team of the Bangka Belitung Regional Police (Polda Bangka Belitung) and the public prosecutor. They did not monitor a Letter of Notification of the investigation Process (SPDP). Moreover the investigator and prosecutor intended to exclude article 422 of the Indonesian Penal Code (KUHP) on crimes committed by officials. Therefore, the public prosecutor of Sungailiat only prosecuted four police officers with three years imprisonment. Finally, the judge sentenced the perpetrators to three years imprisonment, echoing the public prosecutor’s calculation. Adequate remedies to support the victim’s family and further investigation to ensure that superiors in command were not involved in the torture crime, is lacking
This case has proven that the Indonesian legal system has failed to address torture. Up to now, the government has yet to show any seriousness in finishing the revision of the Indonesian Penal Code. The existing penal code does not recognize torture as a crime. Ironically, the parliament has just refused to adopt the bill on torture submitted by the government.
Therefore this situation has contributed to the enjoyment of a light punishment and impunity of the accused with no justice or support for the victim of torture.
Therefore, I respectfully call upon the government to ensure that the high court review the case in order to strengthen the judge’s sentence. The police should investigate further to ensure whether there was involvement of the superior commanders. The National Commission on Human Rights needs to monitor the investigation and the trial process. Needless to say, the government should provide adequate support for the victim’s family
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 Badroedin Haiti
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. Dr. HM. Azis Syamsuddin, SH
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
6. Mr. Luhut Binsar Panjaitan
Chairperson 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
7. Mr. Danang Girindrawardana
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
8. Mr. Nur Kholis
Chairperson National Human Rights Commission
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)
