INDONESIA: Initial Findings from the Investigation of AM’s Alleged Torture: Urging Police Professionalism, Transparency and Accountability in Revealing the Truth of the Case

The Asian Human Rights Commission (AHRC) supports the Indonesian Civil Society Anti-Torture Coalition in condemning the acts of torture against a child victim AM (13) and 17 other children. These acts of torture were carried out by the West Sumatra Regional Police’s Directorate of Samapta on June 9, 2024, causing one child victim to die and 17 other victims to suffer injuries.

In the latest development, on Thursday, June 27, 2024, the National Police Commission (Kompolnas) conducted an investigation and stated that at least 17 Police Officers of the Dit Samapta West Sumatra Regional Police Office (Polda Sumatra Barat) were proven to have tortured 18 people who were suspected of carrying out a brawl. Furthermore, the Daily Chair of Kompolnas, Mr. Benny Mamoto, said that from the results of the in-depth examination, evidence could be directed to be examined through ethics and criminal courts.

Apart from the results of the investigation carried out by Kompolnas, we, the Civil Society Anti-Torture Coalition, also discovered several initial facts and irregularities related to this case. The facts and irregularities that we mean are as follows:

First, inconsistency by the Regional Police Chief in providing information.

Initially, the Regional Police Chief of West Sumatra denied that victim AM was among the 18 people who had been arrested. Only after the case went viral that he stated that victim AM died as a result of the impact of jumping from the bridge and the wounds on the victim’s body were bruises. In handling this case of alleged acts of torture that resulted in death, the Regional Police Chief’s statement regarding AM’s death was not supported by forensic analysis and convincing evidence, so it often changed. This statement was later changed when the family denied this possibility. However, in the end, the police closed the case and stated that AM died as a result of broken ribs after falling into the river;

Second, the police is suspected of obscuring the facts and chronology of the case.

 In the beginning of this case, the Police stated that the process of safeguarding children and teenagers who were suspected of carrying out brawls had been carried out in accordance with the procedures and standard operating procedures. Then, with regard to the victim AM, the West Sumatra Police Chief always stated that AM’s death was due to jumping from a bridge during the security process, even though there was not a single witness who saw AM jump. However, the West Sumatra Regional Police only focused on witness A’s statement, which stated that victim AM had invited the witness to jump. Apart from that, after AM’s body was found, the police never carried out an examination of the children and teenagers who were arrested during the case. This statement from the police was also later changed back to slipping from the bridge;

Third, the forensic doctor did not provide the autopsy report to the family.

In the investigation process that has been carried out, the family has difficulty accessing the history of the AM victim. Apart from that, the family was also not given clarity regarding the cause of AM’s death;

Fourth, the case investigator did not disclose the autopsy report to the family.

Apart from doctors covering up the cause of death of victim AM, the police also did not provide clear information to the family regarding the cause of death of victim AM;

Fifth, guiding public opinion with selective information from forensic experts.

The results of the investigation found that apart from covering up the cause of death, the forensic specialist appointed by the police had also ruled out the possibility of torture as the cause of AM’s death. In addition, we see a lot of various technical details about forensic medicine that are not relevant to the AM (smokescreen) death case;

Sixth, there were statements of intimidation and the torture of witnesses.

Based on the testimony that was obtained, one of the witnesses who had been allowed to go home by the police faced threats. In his testimony, he stated that the police would arrest and re-torture those who reported this case. These threats also occurred to other witnesses so that many of the witnesses and their families felt afraid and unsafe;

Seventh, there are attempts to threaten people who spread news regarding the victim.

In his press conference on June 23, 2024, the West Sumatra Regional Police Chief, Inspector General of Police Suharyono felt that he had been tried by the mass media (trial by the press) which had damaged the image of the police. He is looking for people who spread information related to the allegation of torture against AM;

Eighth, there was no security at the location where the victim AM’s body was found.

Since the body of victim AM was discovered, the crime scene continues to be busy with people visiting it, so it is possible that efforts will be made to remove or eliminate evidence. Only on June 28, 2024, did the police put up a police line to secure the crime scene;

Ninth, there are indications of changes in colour at the location where AM’s body was found.

From the results of the investigation, it was discovered that the location where AM’s body was found had changed. Initially, AM’s body was found lying on his back with a depression depth of plus or minus 30 centimetres (cm), and now it is 1.07 metre (m). This was allegedly carried out by the West Sumatra Regional Police on June 30, 2024, to adjust and strengthen the theory about the signs on AM’s body as stated by the forensic doctor who stated that AM died as a result of him slipping into the river;

Tenth, there are efforts to remove closed circuit television (CCTV) footage.

The West Sumatra Regional Police Chief, Inspector General of Police Suharyono stated and regretted that the CCTV footage at the Kuranji Police Station – the location where the alleged torture was carried out, had been deleted from the storage system. According to him, this happened as a result of the storage period for CCTV recordings being only 11 days;

Eleventh, the Regional Police Chief has closed the case of the alleged torture of AM.

The West Sumatra Police Chief, Inspector General of Police Suharyono, has also given a statement that the case of AM’s death has been closed on Sunday, June 30, 2024. This statement was followed by the reason for the death of victim AM, namely that AM died as a result of broken ribs and a collapsed lung after falling into the river. Apart from that, the Regional Police Chief stated that the case could be reopened only if there was new evidence.

Based on the facts and irregularities that we found, we consider that the Police is suspected of making efforts to obstruct justice in the legal process that is currently ongoing. Obstruction of justice can be done in various ways, and one way is by weakening the evidence so that it does not become entangled in a particular decision. This pattern is often found in cases of human rights violations in the form of torture, so we suspect that this is a systematic and planned protection to create impunity for the police who commit crimes in carrying out their duties and exercising their authority. The strong suspicion of obstruction of justice is described in several ways as follows:

1. Error of omission in the form of not installing a police line at the crime scene even though the case occurred on June 9, 2024. The police line is estimated to be installed on June 28, 2024, which is 19 days after the case;
2. An error of commission was found in the form of changing the environment at the crime scene by allegedly dredging the riverbed so that the water level at the location where AM was found to have changed from 30 cm to 1.07 m;
3. Providing an oral statement to the press will close the case even though all the witnesses who know and experienced the case have not been questioned, including those who are detained at the Kuranji Police Station;
4. Changed his statement to say that the marks on the victim’s body were bruises and then said that it was probably trauma due to falling from the motorbike. These changing statements appear to be intentional. In fact, what AM experienced was trauma due to violence;
5. The forensic doctor did not provide the autopsy report to the family;
6. The case investigator did not open the report or provide a copy of the autopsy to the family;
7. Guiding public opinion with selective information from forensic doctors (ruling out the possibility of torture as the cause of AM’s death) and various irrelevant technical details about forensic medicine (smokescreen);
8. Obstructing the dissemination of information by threatening those who spread it or making it viral using trial by the press terminology;
9. Allegedly eliminating traces of what happened, through a statement that CCTV footage at the Kuranji Police Station was not available for various reasons;
10.  The Regional Police Chief hurriedly gave a press statement that he would close the AM case and that it could be reopened only when there is new evidence.

Obstruction of justice  does not only occur in this case. We have seen that in several other cases of torture, where the police often use similar patterns to silence or hinder the process of seeking justice.

 At least we found patterns that are often used by the Police in handling cases of torture/violence, namely the denial by the Police regarding the case that occurred. 

The police often argue that the CCTV at the location is damaged/lost, but, this is intended to destroy evidence, making it difficult to follow up on the case. The police often rush to conclusions about events that are often not supported by sufficient evidence, and finally, giving compensation/condolences to the victim’s family which seem to illustrate that the police feel guilty for the case that occurred.

Due to this condition, we consider that this case is a serious problem, where it is strongly suspected that it is a violation of human rights (HAM) in the form of torture and even leads to extrajudicial killing and is a serious crime against children. KontraS noted that during May 2023 – June 2024, there were 14 victims of child abuse who came into contact with the law. So, this case must be thoroughly investigated, the perpetrator must be dealt with firmly and the victim must receive true justice and legal certainty.

Therefore, we condemn and urge the following:

1. Urge the National Police Chief to immediately carry out the Dishonorable Dismissal (PDTH) of all members of the West Sumatra Regional Police who are involved in the criminal practice of torture and encourage legal proceedings against perpetrators who are proven to have committed acts of torture as a form of the the National Police’s commitment to eradicating the culture of impunity;
2. Urge the National Police Chief to immediately remove the Inspector General of Police Suharyono from the position of West Sumatra Regional Police Chief for actions that tended to obstruct law enforcement efforts (obstruction of justice) and protect perpetrators, thereby perpetuating the practice of impunity in police institutions;
3. Condemning the West Sumatra Police Chief for the intimidation carried out against the press and the public who disseminated information about alleged torture, as well as stopping all actions that tend to hinder the right to the freedom of opinion and the right to information;
4. Urge the West Sumatra Regional Police to publicly apologise for their unprofessional actions in the law enforcement process and to realise justice and legal certainty for victims;
5. Urge the West Sumatra Regional Police to carry out a comprehensive evaluation of all levels of the West Sumatra Regional Police to carry out effective preventive measures to ensure that cases of torture do not occur in West Sumatra;
6. Urge the National Commission on Human Rights (Komnas HAM), the National Police Commission (Kompolnas), the Ombudsman RI, the Witness and Victims Protection Agency (LPSK RI), and the Commission for Child Protection (KPAI) as well as other State institutions to actively monitor and ensure every legal process in cases of human rights violations committed by legal officials so that every legal process runs objectively, transparently and professionally;
7. Urge Commission III of the Indonesian House of Representatives to immediately summon the National Police Chief to a public work meeting to provide an account of the entire series of allegations of torture against AM and 17 other children and demand that the National Police Chief explain the follow-up action to improve the National Police institution for repeated violence committed by police officers.

# # #