ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-003-2022
October 12, 2022
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INDONESIA: A university student in North Halmahera allegedly tortured after express his opinion on WhatsApp status
ISSUES: Torture, fair trial, impunity, remedy, access to justice, freedom of expression
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (KontraS) and the Marimoi Legal Aid regarding an allegation of torture against Mr. Yulius Yatu alias Ongen, a university student in North Halmahera, the North Maluku Province. Mr. Yulius was tortured because of his expression on a Whatsapp status criticizing the performance of law enforcement officers in carrying out the process of securing mass action related to the increase of fuel prices.
CASE NARRATIVE:
Based on information we received, on 20 September 2022, four unknown persons came to look for the victim at his residence at around 9 p.m. While the four perpetrators asked the victim about the identity of a photo on WhatsApp, the perpetrators then suddenly hit the victim’s face, and the victim was then strangled, and taken out of the house to a public road. When the victim was dragged away, the perpetrators continued to beat the victim, causing bruising under the eyes, a broken lower lip, and again being strangled until the victim fell unconscious.
Furthermore, at around 9.35 p.m., the four perpetrators took the victim to the North Halmahera Police Station. Arriving at the location, the victim was dragged into a dog kennel and threatened that they might kill the victim so that no one would know. The victim was beaten again by the perpetrators, kicked in the knees, and the victim had been made scared by showing a video of the beating of the protest mass and being told that he would suffer the same fate as the protester who was arrested for refusing fuel in Ternate. After the victim pleaded to stop being beaten because he cannot bear the pain in the left side of the abdomen from an operation, the victim was forced to roll on the wet floor, and was directed to prostrate with the victim’s hands placed on the back for a period of time. When the victim suffered, then he was forced to push up. Next, the victim was forced to squat down and run around the North Halmahera Police Station, to roll on the road, and run around the volleyball field again five times with the excuse that it was the first introduction to the Police Station. While being forced to carry out the order, the victim continued to be intimidated and was asked to apologize to the North Halmahera Police sniffer dog. After being treated cruelly for approximately two hours, the victim was escorted back to his house by one of the perpetrators who allegedly also participated in arresting another victim namely Fidi K.
ADDITIONAL INFORMATION:
Torture is still commonly happening in Indonesia. Under the 32 years of the Suharto regime and more than 20 years’ political reform, Indonesia does not have a special law focusing on the punishment of torture. The Indonesian Penal Code does not have an article on torture, and therefore, the lack of the regulation is still a serious problem and contributes to reproduce the act of torture in Indonesia.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure:
1. The North Halmahera Police Station (Polres Halmahera Utara) to immediately conduct an investigation on the alleged torture against a university student, Mr. Yulius Yatu alias Ongen allegedly committed by Police officers of the North Halmahera Police Station, in a transparent and accountable manner.
2. The Police Headquarters may dishonourably discharge the suspected perpetrators of acts of torture and punish them with the maximum penalty if they are proven to have committed criminal acts and other violations related to acts of torture. This is important to do in order to provide a deterrent effect and so that similar cases do not occur in the future;
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA: A university student in North Halmahera allegedly tortured after expressing his opinion on a WhatsApp status
Name of the victim: Mr. Yulius Yatu alias Ongen
Names of the alleged perpetrators: Four unknown people allegedly Police officers of the North Halmahera Police Station
Date of the incident: 20 September 2022
Place of the incident: North Halmahera, North Maluku Province, Indonesia
I am writing to voice my deep concern regarding an allegation of torture against Mr. Yulius Yatu alias Ongen, a university student in North Halmahera, the North Maluku Province. Mr. Yulius was tortured because of his expression on a Whatsapp status criticizing the performance of law enforcement officers in carrying out the process of securing mass action related to the increase of fuel prices.
Based on information we received, on 20 September 2022, four unknown persons came to look for the victim at his residence at around 9 p.m. While the four perpetrators asked the victim about the identity of a photo on WhatsApp, the perpetrators then suddenly hit the victim’s face, and the victim was then strangled, and taken out of the house to a public road. When the victim was dragged away, the perpetrators continued to beat the victim, causing bruising under the eyes, a broken lower lip, and again being strangled until the victim fell unconscious.
Furthermore, at around 9.35 p.m., the four perpetrators took the victim to the North Halmahera Police Station. Arriving at the location, the victim was dragged into a dog kennel and threatened that they might kill the victim so that no one would know. The victim was beaten again by the perpetrators, kicked in the knees, and the victim had been made scared by showing a video of the beating of the protest mass and being told that he would suffer the same fate as the protester who was arrested for refusing fuel in Ternate. After the victim pleaded to stop being beaten because he cannot bear the pain in the left side of the abdomen from an operation, the victim was forced to roll on the wet floor, and was directed to prostrate with the victim’s hands placed on the back for a period of time.
When the victim suffered, then he was forced to push up. Next, the victim was forced to squat down and run around the North Halmahera Police Station, to roll on the road, and run around the volleyball field again five times with the excuse that it was the first introduction to the Police Station. While being forced to carry out the order, the victim continued to be intimidated and was asked to apologize to the North Halmahera Police sniffer dog. After being treated cruelly for approximately two hours, the victim was escorted back to his house by one of the perpetrators who allegedly also participated in arresting another victim namely Fidi K.
Therefore, I resepectfully urge you to ensure:
1. The North Halmahera Police Station (Polres Halmahera Utara) to immediately conduct an investigation on the alleged torture against a university student, Mr. Yulius Yatu alias Ongen allegedly committed by Police officers of the North Halmahera Police Station, in a transparent and accountable manner.
2. The Police Headquarters may dishonourably discharge the suspected perpetrators of acts of torture and punish them with the maximum penalty if they are proven to have committed criminal acts and other violations related to acts of torture. This is important to do in order to provide a deterrent effect and so that similar cases do not occur in the future;
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Joko Widodo
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 of Police Listyo Sigit Prabowo
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
