Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that six persons have been seriously injured with a number of women and children receiving minor injuries in Bojong Village in Kelapanunggal District in indonesia on 22 November 2004 when the police officers called BRIMOB [Mobile Brigade; Indonesia’s paramilitary police] from Resimen I Kedunghalang Bogor opened fire on villagers who protested against the dumping of Jakarta city’s garbage in their village. Moreover, following the shooting, the police from Bogor sector office have searched the houses and arrested 34 persons. 16 persons among them were released the next day, but the rest of the people have been charged of attack of the garbage treatment plant and the police.
After the incident, a police disciplinary committee, which was formed due to the pressure from the civil society organizations, has found that fourteen police officers were responsible for using unnecessary disciplinary methods to restore order during the protest. Especially, two police officers found to have violated the Criminal Code on two accounts “causing serious injuries to others and unpleasant conduct”. However, no criminal action has been followed against those officers. Further no compensation have been paid to the victims.
The AHRC calls for your immediate intervention into this matter. Please send a letter to the Government of Indonesia urging them to conduct a proper and impartial investigation into the shooting incident, release all detainees, duly punish the police officers who have been found responsible for criminal offences, and conduct a thorough investigation into the claims by the residents before getting the garbage treatment plant operational.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Jakarta City Administration was pushing on with its plan to operate the waste treatment facility in Bojong Village, Kelapanunggal District which comes under the Bogor Legislative Council. It was expected that the plant would be able to take 2,000 of the 6,000 tons of garbage produced by Jakarta’s daily waste, as well as 400 tons of garbage from Bogor regency. After learning of this plan, Bojong villagers have strongly opposed for a long time against the presence of the waste treatment plant, for fear that it would damage their environment and endanger their health. However, the Jakarta City Administration has ignored the complaints of the residents.
On 21 November 2004, police officers arrived at the Bojong Village and messed up the house of one of the villagers named Madna. At around 7:00am on the next day (November 22), the villagers, who were upset due to the previous day’s incident, blocked the streets which are linked to the disposal land. At 11:45am, when the villagers heard the arrival of the trucks with the waste, they rushed to the plant and attempted to burn it. Reports indicate that the protest became violent with the arrival of the police who started using unnecessary force.
BRIMOB [Mobile Brigade; Indonesia’s paramilitary police] from Resimen I Kedunghalang Bogor then opened fired with live bullets on the protesters resulting in several men, women and children being injured and six of them seriously. Many villagers later fled their homes fearing police attack. Among the six persons severely injured, the five have been identified as Mr. Dede (28), Mr. Hendi (30), Mr. Oman (28), Mr. Sanin (28) and Mr. Dan Minun (28). In addition, the police officers from the Bogor sector office searched the village houses and arrested 34 persons. 16 persons were released on the next day but 18 people have been charged of involvement in the protest and their case files have been submitted to the Cibinong Prosecutor’s Office.
Meanwhile, a police disciplinary committee was formed due to the pressure from the civil society. After the inquiry, the Committee has found that “six Borgor Police officers were responsible for disciplinary violations and two officers have violated the Criminal Code on two accounts causing serious injuries to others and unpleasant conduct”. Besides, eight members of the police’s Mobile Brigade found guilty of using excessive methods to restore order.
The National Police’s internal affairs division has also questioned several low and middle ranking officers. According to their investigation, three middle ranking Mobile Brigade officers have been found responsible for abusing their power so the police authorities have issued warning letters to them. Besides, five low ranking officers have also been responsible for power abuse while on duty and the police authorities have announced that they would delay these officers’ planned promotions. However, except this very light reprimand, no serious disciplinary action has been taken so far against the responsible officers. In particular, two officers concerned have not been prosecuted although they were found in violation of the Criminal Code. No compensation has been paid to the victims, either.
After this bloody incident, the Bogor Legislative Council, considering the residents’ complaints and the public opinion, has recommended the Jakarta City Administration on November 24 to halt the operations of the waste treatment temporarily till a proper study is made of the risks to the health of the residents and to the environment. However, Jakarta Governor Sutiyoso has claimed on the next day (November 25) that his administration would continue with its plan to operate an integrated waste treatment plant at Bojong Village despite the Bogor Legislative Council’s recommendation. Separately, the House of Representatives’ Commission III for law and legislation has been urged by a group of 19 local NGOs to form an independent team to look into the November 22’s incident and the grievances of the villagers.
SUGGESTED ACTION:
Please write to the Government of Indonesia to release 18 arrested persons who are in detention, appoint an independent investigation team to conduct a proper, impatial and urgent investigation into the Bojong conflict and take appropriate action to compensate the victims. Especially, please urge the National Police and Attorney General to take criminal action against the police officers who have violated the Criminal Code. Finally, please urge the Government of Indonesia to ratify the International Covenant on Civil and Political Rights (ICCPR) and to implement the Convention against Torture (CAT), to which Indonesia is a state party, domestically in order to prevent such abuses committed by the law enforcement officers in the future.
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SAMPLE LETTER
Dear________,
Re: INDONESIA: Police Officers shot live bullets to the Bojong villagers protesting against the dumping of the waste from Jakarta
I am writing to express my deep concern regarding the police shooting on the protesters which took place in Bojong Village in Kelapanunggal District on 22 November 2004.
According to the information I have received, Bojong villagers have strongly opposed for a long time the presence of the waste treatment plant pushed by the Jakarta City Administration, for fear that it would damage their environment and endanger their health. On November 22, when the villagers held a protest and attacked the plant, the BRIMOB [Mobile Brigade; Indonesia’s paramilitary police] from Resimen I Kedunghalang Bogor have used excessive lethal weapons to crack down on the people. Especially, I was shocked to learn that the police have used the fire-arms against unarmed villagers including children and women. According to the information, six persons have been severely injured and several men, women and children wounded due to this bloody incident. Besides, 18 villagers have been charged of involving in the protest.
Despite the gravity of the crime, I am yet to hear of any serious impartial investigation into the incident which can be made public or the serious punitive action taken against the police officers following the investigation by the police disciplinary committee. Except very light reprimand, no serious disciplinary/criminal action has been taken so far against the responsible officers. No compensation has been paid to the victims, either. Thus, it is not only the right to security of persons that has been denied, but also the right to redress in case of violations.
Therefore, I earnestly request you to release all the detained persons and conduct an independent inquiry into the Bojong conflict and take appropriate action to compensate the victims. The responsible police officers should be prosecuted and brought to justice without delay. Only through such action, the rule of law will be established in the country and people’s confidence in the police and the justice institutions could be regained. I also request you to raise your concerns directly with the Jakarta City Administration and urge it to have a proper consultation with the residents and to study the risks to the health of the people and to the environment before operating the waste treatment facility in Bojong Village.
Lastly, I urge the Government of Indonesia to ratify the International Covenant on Civil and Political Rights (ICCPR), to implement the Convention against Torture (CAT), which Indonesia is a state party, into domestic legislation without further delay in order to prevent further abuses by the law enforcement officers in the future.
Thanking you.
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SEND A LETTER TO:
1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782
E-mail: presiden@ri.go.id
2. Governor Sutiyoso
Gedung Balaikota
21st Floor, Jl. Medan Merdeka
Selatan No. 8-9, Jakarta 10110
INDONESIA
Tel: +62 21 344 7005 or 345 6058
Fax: +62 21 384 8653
3. Mr. Abdul Rahman Saleh
Attorney General of Indonesia
Attorney General’s Office
Jakarta
INDONESIA
Fax: +62 21 720 8557
4. Gen. Dai Bachtiar
National Chief of Police
Jl. Trunojoyo
No. 3 Kebayoran Baru
Jakarta Selatan
INDONESIA
Tel: +62 21 7218001 / 726 0306
Fax: + 62 21 720 7277
E-mail: polri@polri.go.id
5. KOMNAS HAM [National Human Rights Commission of Indonesia]
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. Okkeehkwu Ibeanu
Special Rapporteur on the adverse effects of the illicit movement and
dumping of toxic and dangerous products and wastes on the enjoyment of human rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org
7. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Sayed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9006/ 9016/ 9018
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)