INDONESIA: Security forces and a mining company-government supported, violently attacked and shot villagers

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-069-2016
ISSUES: Administration of justice, Impunity, Right to fair trial,

Dear Friends,

The Asian Human Rights Commission (AHRC) has information provided by the Land Reform Commission (KPA), a national NGO documenting land conflicts, and other national NGOs against human rights violations in the mining area. Police and military security forces forcibly attacked and shot villagers protesting against the Cipta Buana Seraya coal mining Company (PT. CBS). The villagers petitioned the government to close down the mining company because it caused environmental damage. One example is the huge depression (a mining hole) on the land that caused the death of a child. Village voices have been ignored by the government. Remaining is the military and police who support the company,citing nationl security as the vital objective.

CASE NARRATIVE:

On January 15, 2016, there was a meeting of representatives from 12 villages, including the heads of these villages and the mining company. The meeting results were not favorable, as a majority of villagers rejected the existence of the company because it caused environmental damage. 

On May 6, the environmental department of Bengkulu province visited the mining location. They conducted a field observation of the huge depression ( a mining hole) that has never been closed by the company and which caused the death of a child. On May 7, 1300 villagers conducted a peaceful protest against the mining company. 

On June 11, at 10.00 local time, the villagers, united under the Forum Rejang Gunung Bungkuk (FRGB) a local organization protesting coal mining, were vicously shot during a peaceful public protest. They had rejected the coal mining operation of PT. CBS. The shooting resulted in some causalities. Injured protesters were brought to the M. Yunus hospital, Bengkulu city, Bengkulu province. Among the injured from Kembring village were Marta Dinata (20), and Yudi (28) both shot in the abdomen. Two others from Durian lebar village are Alimuan (65) shot in the hand, and Badrin (45) shot in the neck and thigh.

Previously, various public protests were conducted by the villagers with no response from the government of Central Bengkulu Regency. According to the local villagers, there was information that the coordinator of FRGB was invited by the government, and thar the regent will come to discuss with the villagers about continuing the mining. Up until the last minute, when security forces attacked the protesters, there was no dialogue or information from the government about the mining problem.

When villagers conducted a protest in front of the CBS Company, there were some 500 police officers, police mobile brigade (brimob) and military personnel guarding the company property. Brimob personnel stood in the front line with rubber bullets and tear gas; military personnel stood in the second line. There were also police officers with live bullets. Suddenly the protesters were attacked, with Marta Dinata being the first victim shot with a live bullet.

ADDITIONAL INFORMATION:

From the dictatorship of the Soeharto regime until the present, the police and military have been part of the problem of the human rights violations occurring in the mining area. In many cases, police and military stood on the side of the company and cruelly attacked and shot local indigenous people from the local communities. No serious investigation has been undertaken by the law enforcement agency and no guarantee of a fair trial will be operative in these cases. On the contrary, due to internal mechanisms in the police and military granting them impunity, only a few of the violators will be punished but with light sentences.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that a comprehensive investigation is undertaken to prosecute police and military personnel who needlessly attacked and shot protesters. It is imperative that the government conduct a legal audit of the mining company to ensure that the management of the company is responsible before the law for its actions. An internal audit and comprehensive evaluation must be conducted of the military and the police, spearheaded by the President and Parliament. All regulations to secure the mining company, favoring the present military and police personnel, must be annuled.

Adequate and effective compension should be provided by the government for the victims and their families..

The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and UN Working Group on the issue of human rights and transnational corporations and other business calling for their intervention into this matter.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: Security forces and a mining company- government supported-violently attacked and shot villagers

Name of victims: 
1. Martadinata was shot in the abdomen 
2. Indra jaya, was shot in the left groin 
3. Dahir; was shot in the back 
4. Put; was shot in the right hip
5. M Indra Jaya, was shot in the left thigh
6. Saiful, was shot bya rubber bullet in the left chest 
7. Yudi, was shot in the left back 
8. Alimuan, was shot on the right arm 
9. Badrin, was shot in the left neck and right thigh 
10. Ade, injured after being struck in the eyes

Names of alleged perpetrators: 
• police officers including police mobile brigade (Brimob)
• Military personnel
• The government of Central Bengkulu regency 
• Cipta Buana Seraya Company
Date of incident: 11 June 2016
Place of incident: Central Bengkulu regency, Bengkulu Province, Indonesia

I am writing to voice my deep concern regarding police and military security forces forcibly attacked and shot villagers protesting against the Cipta Buana Seraya coal mining Company (PT. CBS). 

The villagers petitioned the government to close down the mining company because it caused environmental damage. One example is the huge depression (a mining hole) on the land that caused the death of a child. Village voices have been ignored by the government. Remaining is the military and police who support the company, citing national security as the vital objective. 

On January 15, 2016, there was a meeting of representatives from 12 villages, including the heads of these villages and the mining company. The meeting results were not favorable, as a majority of villagers rejected the existence of the company because it caused environmental damage. 

On May 6, the environmental department of Bengkulu province visited the mining location. They conducted a field observation of the huge depression ( a mining hole) that has never been closed by the company and which caused the death of a child. On May 7, 1300 villagers conducted a peaceful protest against the mining company. 

On June 11, at 10.00 local time, the villagers, united under the Forum Rejang Gunung Bungkuk (FRGB) a local organization protesting coal mining, were viciously shot during a peaceful public protest. They had rejected the coal mining operation of PT. CBS. The shooting resulted in some causalities. Injured protesters were brought to the M. Yunus hospital, Bengkulu city, Bengkulu province. Among the injured from Kembring village were Marta Dinata (20), and Yudi (28) both shot in the abdomen. Two others from Durian lebar village are Alimuan (65) shot in the hand, and Badrin (45) shot in the neck and thigh.

Previously, various public protests were conducted by the villagers with no response from the government of Central Bengkulu Regency. According to the local villagers, there was information that the coordinator of FRGB was invited by the government, and that the regent will come to discuss with the villagers about continuing the mining. Up until the last minute, when security forces attacked the protesters, there was no dialogue or information from the government about the mining problem. 

When villagers conducted a protest in front of the CBS Company, there were some 500 police officers, police mobile brigade (brimob) and military personnel guarding the company property. Brimob personnel stood in the front line with rubber bullets and tear gas; military personnel stood in the second line. There were also police officers with live bullets. Suddenly the protesters were attacked, with Marta Dinata being the first victim shot with a live bullet. 

Therefore, we call for the government to ensure that a comprehensive investigation is undertaken to prosecute police and military personnel who brutally attacked and shot protesters. To ensure that the management of the company is responsible before the law for their actions, a legal audit must be conducted on their structure.

An internal audit and comprehensive evaluation must be conducted on the military and police, spearheaded by the President and Parliament. All regulations to secure the company, favoring the present military and police must be annuled.

Effective and adequate compensation for the victims and their families must be provided by the government..

I look forward to your prompt action in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. JokoWidodo
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. YasonnaLaoly
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. MualiminAbdi 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 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

5. Mr. Luhut Binsar Panjaitan
Chairperson 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 
Ketua Komisi 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 
LembagaPerlindunganSakdidanKorban (LPSK) 
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881

9. M.Imdadun Rahmat
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

10. Mr. Mahfudz Siddiq 
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Tel : +62 21 5715.520, +62 21 5715.518 / 581
Fax : +62 21 5715. 328 / +62 21 571 5687
Email : bag_pengaduan@dpr.go.id

11. General Gatot Nurmantyo
Chief of Indonesian Military 
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193 
Email: ppidtni@puspen.tni.mil.id

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-069-2016
Countries : Indonesia,
Issues : Administration of justice, Impunity, Right to fair trial,