INDONESIA: Lack of effective remedies for 23-year-old torture victim 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Initiative for the Development of People’s Advocacy (PIAR) in East Nusa Tenggara, Indonesia regarding the illegal detention and torture of 23 year old Alfred Ulu. Alfred was illegally detained by the Kupang police in February 2005, and then sent to the Penfui prison without any trial, where he was tortured by five prison officers. As a consequence, he suffers from total blindness. When this matter was brought to the attention of the authorities, only one of the officers was charged for maltreatment.

Please write and demand that this case be reinvestigated, in order that the responsibility of the four other prison officers is established, as well as that of the Kupang police. Moreover, it is inadequate that state officials responsible for such brutality are only tried for maltreatment. The Indonesian government should be urged to comply with its obligations as a state party to the UN Convention against Torture (CAT) and bring its penal code in accordance with the Convention. Unless this is done, not only will there be no effective remedies for victims of such crimes, but there also will not be any way to eliminate the occurrence of such crimes.

Urgent Appeals Desk,
Asian Human Rights Commission
—————————————————————-

DETAILED INFORMATION:

Name of the victim: Elfrianus (Alfred) Ulu, 23, student at the Maritime Academy of Kupang, capital of East Nusa Tenggara Province, Indonesia.
Alleged Perpetrators: Yupiter M. Bolla; Ferdinand S. Kiuk; Benyamin Lede Kana; Nelson Hatu Riwu; Yusuf Stefanus Dalla, all prison officials of the Penfui Correctional Institution, Kupang
Place of the Incident: Penfui Correctional Institution, Kupang
Date of the Incident: 5-8 March 2005

Details of the Incident:

On 23 February 2005, at 10pm, Alfred Ulu was detained at the Kupang district police station for allegedly maltreating his girlfriend Yuni Cangri, however, he was only given an arrest letter on February 26 (No. SPHan/59/III/2005/Polresta Kupang). Alfred was detained at the police station until March 5, when he was brought to the Penfui prison. This was done in violation of arrest and detention procedures; the victim was not brought before any judge and was not formally sentenced to a prison term.

From March 5-8 Alfred was brutally tortured by the above named prison officers. He was beaten, kicked, hit with various objects including blocks of wood, chairs and a door handle. As a result, Alfred suffered from swellings on his face, feet and hands, a bleeding nose, numerous bruises and disturbances of his eye-sight. His requests for medical attention were ignored, until he was finally brought to the Bhayangkara hospital in Kupang on March 26 in a state of unconsciousness.

The medical examination revealed that Alfred’s optical nerve had been damaged. On April 2, the victim’s family reported the incident to the Kupang district police. After repeated pressure from PIAR and other concerned groups, the Director-General for Prisons and the East Nusa Tenggara office of the Ministry of Justice and Human Rights agreed to bear the medical costs and on May 6 Alfred was brought to the Cipto Mangunkusumo hospital in Jakarta. The examinations there found that he was suffering from a brain infection that caused his loss of eye-sight, and that he could not be operated on, but would have to be treated only through medication. On May 31 he was brought back to Kupang, however, until today he suffers from blindness. It is not clear if further medical treatment will help, or who will bear the cost.

In July 2005 the Kupang district police officially declared Yupiter M. Bolla as a suspect in Alfred’s torture. On August 5, Chief of district police Mr Agus Nugroho stated that due to the lack of evidence and witnesses, no other persons could be charged as suspects. Furthermore, he claimed that Yupiter Bolla had confessed to having carried out the torture alone. On August 9 state attorney Mr Hindiyana, stated that the investigation of Yupiter Bolla was complete and that he would be charged for maltreatment under paragraph 351, article 2 of the Indonesian penal code (KUHP).

The AHRC is greatly concerned that the police and public prosecutors seem to be ignoring the responsibility of the four other prison officials in the torture of Alfred. Similarly, no disciplinary or legal action has been taken against the Kupang police for illegally arresting and detaining Alfred and sending him to the Penfui prison. The prison itself must also be investigated, as according to PIAR, arbitrary violence against its detainees by prison officials is common. There is information of two other cases of torture, both resulting in the death of the victims: Yakob Sina was tortured to death in September 2002, as was Popy Amheka in 2004. Popy was pregnant at the time.

Finally, the AHRC is also concerned that the Indonesian penal code as yet lacks a proper definition of torture in keeping with the provisions of the UN Convention against Torture. Unless these provisions are complied with, there will be no improvement in the human rights situation within the country; victims of such human rights violations will have no recourse to effective remedies and there will be no way to eliminate the occurrence of such violations.

SUGGESTED ACTION:
Please ask the authorities below to ensure justice for the victim by prosecuting and punishing all the perpetrators. Suitable compensation and medical treatment must also be given to the victim.

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