INDONESIA: A man died of brutal torture following his release from military custody in Central Jakarta 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Perhimpunan Bantuan Hukum dan Hak Asasi Manusia Jakarta (PBHI Jakarta), a human rights organization in Jakarta, Indonesia that a 51-year-old man, Bagus Ariyanto, died after he was brutally tortured by a group of army officers attached to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD (Denhar 44-12, TNI AD) from 15 to 16 October 2005.

Bagus was arrested from his village in Tambak Street, Central Jakarta on October 15 on suspicion that he stole a bicycle owned by an army officer. He was then taken to the detachment. According to residents living close to the detachment, they saw Bagus stripped naked, forced by the officers to do push ups, run and other exhausting physical movement. He was also seen tied to a pillar.

On October 16, Bagus was picked-up by his relatives at the detachment. The military officers demanded Rp. 270,000.00 Indonesian rupiah (USD 27) from them before they released Bagus as payment for the bicycle. Bagus was in poor condition and his body had traces of severe injuries. He could not even walk properly. Bagus died in his home the next day. Bagus’ relatives were not able to bring him to a hospital for treatment because they had no money.

After he was buried on October 18, the station commander of the Detachment Supplies and Transportation Jaya Raya went to the relatives of the victim. The commander handed over Rp 1,200,000 (USD 120) to them and demanded that they sign a letter stating they would not file charges. They received the money and signed the statement because they were promised an investigation.

This is yet another case of victims being arrested illegally, illegally detained and tortured while in custody of government forces occurring in Indonesia. The AHRC recently reported the torture of a man over mistaken identity (UA-210-2005). He was not afforded medical treatment and compensation. In most cases, efforts are being made by high ranking officials to conceal the incident.

We urge your strong intervention to pressure the concerned government agencies in Indonesia, in particular the Office of the Military Police to ensure that criminal charges are filed against the perpetrators before a court of law. The army officers of the Detachment Supplies and Transportation Jaya Raya, including its station commander, must be investigated to look into allegations of bribing the victim’s relatives for them not to pursue cases. Charges must be filed against any army officers if allegations are true that there was conspiracy to hush up the case.

Further, please also ask that protection and appropriate assistance to the victim’s relatives is also afforded in pursuing their case in court. They must be free of harassment and intimidation, including those witnesses to the crime who will surface, in seeking justice for the victim in prosecuting the perpetrators.

Any action taken in this case must be in accordance with the provisions of the Convention against Torture (CAT), of which the Indonesia government is a state party. Domestic legislation must be introduced in Indonesia to make acts of torture a criminal offense without delay.

Urgent Appeals Desk,
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Bagus Ariyanto (51)
Alleged perpetrators: Army officers attached to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD (Denhar 44-12, TNI AD), Jakarta Indonesia – 10 persons are military officers, 1 person is a civilian employed in this office.
Date and place of incident: 15 to 16 October 2005 at the Army Station of Detachment Supplies and Transportation Jaya Raya (Denbekang Jaya Raya)

Case details:

On 15 October 2005 at 09.30 am, Bagus Hariyanto was arrested by a group of Army officers at Tambak Street Central Jakarta. He was accused of stealing a bicycle which was owned by an army officer. Bagus was brought to the station of Detachment Supplies and Transportation Jaya Raya.

According to the neighbors who witnessed the incident at the station of Detachment Supplies and Transportation Jaya Raya, the perpetrators denuded and forced him to run and do some push ups, and tied him to a pillar. The army had not informed the family that they kept Bagus at their station. Regarding the information from witnesses, at 2 pm Bagus’s Family went to the detachment and asked for information about Bagus. When the family saw Bagus, they knew he was a bad condition.

Bagus was released on October 16 after his family gave Rp. 270.000.00 – (27 USD) as payment for the bicycle. At that time Bagus’s entire body was full of injures, blister husk, broken hand and a lead bump. He could not walk well. It was learned that his heart is no longer beating normal. On October 17, Bagus died in his home. He was not taken to a hospital for treatment because his family did not have money to bring him to the hospital.

In the evening, the family reported the incident to the Detachment Supplies and Transportation Jaya Raya 44-12, TNI AD. Lieutenant Colonel M Hafil Aminuddin, a representative of the detachment group Denhar Jaya 44-12. He has apologized to the Bagus family and promised to investigate the case.

On October 18, after the burial of Bagus, the Commander came and gave money worth Rp. 1.200.000 (120 USD) to express condolences to the family. But he demanded the family should sign a letter stating that they will not sue the army officers and that he promised to conduct an investigation. But the Head of public relation of Jakarta Military Regional Command, Lieutenant Colonel Apang Sopandi, told the press that Bagus died because due to an overdose.

On October 12 2005, the Jakarta Military Regional Command exhumed the victim’s body and performed the autopsy. The result of the autopsy proved that the victim was attacked by hard object to his head and his bones had been broken, which was contrary to the report of Lieutenant Colonel Apang.

On 24 October 2005, League of Young Kesatriaan (Ikatan Remaja Kesatriaan) – the young people who live in Bagus’s village – reported to the National Police of Republic Indonesia, regarding the torture to Bagus. But no action has been taken so far against the civilians who were involved. On October 27, Indonesia Legal Aid and Human Rights association regional Jakarta (PBHI-Jakarta) assisted the family to make a complaint about the torture case to the Military Police (Pomdam Jaya).

The latest information that received that the Military Police have already conducted an investigation and announced that 10 persons involved in the case have been detained in the Military Police Office and are undergoing investigation.

SUGGESTED ACTION:

Please send a letter to the President of Indonesia, the Commander of the Military Police, the Chief of National Police and the National Commission of Human Rights to ensure that criminal charges against the perpetrators are filed before the court of law without delay. An investigation must also be conducted into the alleged involvement of some military officers to conceal the case.

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