INDONESIA: No perpetrators indicted in the torture and death of Marianus Oki

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-015-2016
ISSUES: Administration of justice, Right to fair trial, Right to remedy,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the investigation into the torture and death of Mr. Marianus Oki, a suspect who had been detained in Banat Manamas police post (Pospol Banat Manamas). While the investigation has been conducted by police investigators of the North Central Timor regency police resort (TTU police resort), until today none of the police officers have been indicted as suspects.

UPDATED INFORMATION:

The police investigators have examined seven witnesses and conducted field examination over the torture to death of Marianus Oki. During the field examination, the police investigators have secured some evidence founded in the examination processes. 

Further, the doctor team of the RSB hospital has conducted Visum Et Repertum and also autopsy over the dead body of Marianus Oki. After the autopsy, the police investigators sent samples of Marianus’s stomach as well as the food eaten by the victim to the forensic library of Denpasar, Bali province. 

The police investigator also sent the victim’s blood and red spots and hair that was found on the wall of the police custody of the Manamas police post for DNA testing. The DNA test will be conducted in the Police Headquarters in Jakarta. 

The latest update is that the police investigators are presently waiting for the result of the forensic laboratory in Denpasar, Bali and also police headquarter. Meanwhile, the police claim that a lack of professionalism of the police officers of East Miomafo police sector (Polsek Miomafo) resulted in the death of Mr. Marianus Oki, as well as violations of the discipline code. Therefore, these will be examined and tried in the internal ethic court of the police.

ADDITIONAL INFORMATION:

The police should not bring the case to the ethic mechanism, because it will result in impunity for the perpetrators who tortured Marianus to death. The torture and resultant death of a person in custody is a criminal offense and should be investigated properly under fair trial principles.

The government should also seriously evaluate the implementation of the law on legal aid, because torture cases mostly occur in the police custody, usually in the case of those suspects who cannot afford to hire legal assistance.

SUGGESTED ACTION:

Please write to the authorities listed below to ensure that further investigation is conducted over the torture and death of Mr. Marianus Oki. The police must be transparent and accountable in conducting investigation, and be open for any clarification and access from the victim’s family. Furthermore, the National Commission on Human Rights (Komnas HAM) and the National Police Commission (Kompolnas) must be involved in monitoring the investigation. In addition, the government must ensure that Marianus’ family is given adequate remedy.

The AHRC will write a separate letter to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions and the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their intervention into this matter.

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

SAMPLE LETTER

Dear ………………..,

INDONESIA: No perpetrators indicted in the torture and death of Marianus Oki

Name of victim: Marianus Oki
Names of alleged perpetrators: Police officers of Banat Manamas police post (Pospol Banat Manamas)
Date of incident : Thursday, 3 December 2015
Place of incident : Banat Manamas police post (Pospol Banat Manamas), in the North Central Timor regency (TTU), East Nusa Tenggara province

I am writing to voice my deep concern regarding the investigation into the torture and death of Mr. Marianus Oki, a suspect who had been detained in Banat Manamas police post (Pospol Banat Manamas). While the investigation has been conducted by police investigators of the North Central Timor regency police resort (TTU police resort), until today none of the police officers have been indicted as suspects. 

The police investigators have examined seven witnesses and conducted field examination over the torture to death of Marianus Oki. During the field examination, the police investigators have secured some evidence founded in the examination processes. 

Further, the doctor team of the RSB hospital has conducted Visum Et Repertum and also autopsy over the dead body of Marianus Oki. After the autopsy, the police investigators sent samples of Marianus’s stomach as well as the food eaten by the victim to the forensic library of Denpasar, Bali province. 

The police investigator also sent the victim’s blood and red spots and hair that was found on the wall of the police custody of the Manamas police post for DNA testing. The DNA test will be conducted in the Police Headquarters in Jakarta. 

The latest update is that the police investigators are presently waiting for the result of the forensic laboratory in Denpasar, Bali and also police headquarter. Meanwhile, the police claim that a lack of professionalism of the police officers of East Miomafo police sector (Polsek Miomafo) resulted in the death of Mr. Marianus Oki, as well as violations of the discipline code. Therefore, these will be examined and tried in the internal ethic court of the police.

Therefore, I respectfully call upon the Indonesian government to ensure that further investigation must be conducted over the torture to death of Mr. Marianus Oki.

The police must be transparent and accountable in conducting investigation, and be open for any clarification and access from the family of victims and public as well as media. Furthermore, the National Commission on Human Rights (Komnas HAM) and the National Police Commission (Kompolnas) must be involved in monitoring the investigation. In addition, the government must ensure the victim’s family receives adequate remedy.

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. 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 Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D.
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. Professor. AmzulianRifai 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

6. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative 
KetuaKomisi 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

7. 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

8. Mr. 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

9. Mr. Abdul Haris Semendawai 
Chairperson of the Agency for Victims and Witness Protection 
Lembaga Perlindungan Sakdi dan Korban (LPSK) 
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881

 

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-015-2016
Countries : Indonesia,
Issues : Administration of justice, Right to fair trial, Right to remedy,