ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
Urgent Appeal Case: AHRC-UAC-011-2021
October 06 , 2021
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INDONESIA: A man allegedly tortured by a Police Officer of the Medan City Police Sector
ISSUES: Fabricated cases, administration of justice, torture, impunity
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappearances and Victims of Violence (KontraS), Medan North Sumatera branch Office. The case is about the alleged torture to death of Mr. Aryes Prayudi Ginting (APG) when he was arrested and detained by the Medan City Police Sector Office. The victim is a suspect of a drug case in Medan.
CASE NARRATIVE:
A suspect with the initials APG or known as Mr. Aryes Prayudi Ginting (34 years old) was pronounced dead on 23 August 2021 with bruises after being detained by the Medan City Police. The victim was a resident of PDAM Tirtanadi Street, Medan Sunggal Sub-district who was previously arrested for a drug case on 3 August 2021.
An Advocacy staff of KontraS Medan, North Sumatra office, Mr. Ali Isnandar urged the Police to conduct a professional, transparent inquiry and investigation of the case. He also urged the Police to resolve the case of the death of the prisoner allegedly tortured by the Police.
Previously, the victim’s family suspected that the victim died due to torture while Aryes was under detention. Before he died his wife did not notice anything wrong with him. However, the suspicion was further strengthened by the condition of the victim’s body. He had bruises on his face, chest and neck.
The Chief of Police of Medan City Police Office, Police Commissioner Rikki Ramadhan, denied that Mr. Aryes died by reason of being abused. However, he did suffer with Lymph Disease and the victim died after being transported to the North Sumatra Police Bhayangkara Hospital. Related to that, Mr. Isnandar also stated that the Police should not have stepped in before the doctor’s opinion had been given regarding the cause of the victim’s death.
“The Police should not precede judgements that are not within their authority. To determine the cause of the victim’s death, an autopsy must be carried out by a Doctor (expert) of forensic pathology. The autopsy will show whether the death of the victim was due to abuse or other reasons. Therefore, the Police are not allowed to give conclusions because of lymph nodes noticed before the autopsy,” said Mr. Isnandar.
It was previously reported that the family had made a statement not to do an autopsy. And, so, the body was brought home by the family. However, according to Mr. Isnandar, from the beginning the Police had to realize that this case would continue to legal proceedings. So, an autopsy had to be carried out without asking the consent of the victim’s family.
Mr. Isnandar said that the provision for carrying out an autopsy is regulated in Article 134 paragraph (1) of the Criminal Procedure Code. It states “In utmost necessity when for the purpose of obtaining evidence an autopsy can no longer be avoided, the investigator is obliged to first inform the family of the victim.”
“From the article it is clear that before conducting an autopsy, investigators are only required to inform the family, but do not have to ask for permission from the family. The reason being that the authority to request an autopsy is the investigator’s authority based on Article 133 of the Criminal Procedure Code,” added Mr. Isnandar.
Furthermore, according to Mr. Isnandar, due to a mistake in not carrying out an autopsy from the beginning, for the purposes of investigation, he asked the Police to conduct an exhumation of the victim’s body.
“This is a serious case. The North Sumatra Police must take into consideration that since previously the victim was reported to have passed away with a series of suspicious injuries, it would lead to suspicions that the victim died by reason of being tortured. The autopsy is still carried out. It is justified by Article 135 of the Criminal Procedure Code,” explained Mr. Isnandar.
He also revealed that the Police must be wiser in dead prisoner cases which always lead to pros and cons in society. It was reasonable for Police Officers to be the target of questions if the death of the prisoner was suspicious, because they were fully responsible for people in detention. But, of course all parties would think something was wrong in the Police Agency.
Mr. Isnandar also added that in 2020, his party received denunciation of 13 cases of torture carried out by the Police. This figure is much higher than in 2019 when there were only 5 cases. “This is a substantial mission for all of us, especially the Police, considering that Indonesia has ratified the Anti-Torture Convention through Law No. 5/1998, so the action against torture must also be realized,” he said.
SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure that the Law Enforcement Agency must investigate the case of alleged torture against APG known as Mr. Aryes Prayudi Ginting. The investigation must be transparent, accountable and accessible to the family and the public. The National Commission on Human Rights and the National Police Commission must also monitor the investigation processes.
The AHRC is writing a separate letter to the United Nations Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
INDONESIA : A man allegedly tortured by a Police Officer of the Medan City Police Sector
Name of victim: APG or known as Mr. Aryes Prayudi Ginting (34 years old)
Name of alleged perpetrator: Polsek Medan Kota, Police Officer at Medan City Police Sector
Date of incident: 3 to 23 August 2021
Place of incident: Medan City, North Sumatera Province
I am writing to voice my deep concern regarding the alleged torture to death of Mr. Aryes Prayudi Ginting (APG) when he was arrested and detained by the Medan City Police Sector Office. The victim is a suspect of a drug case in Medan.
A suspect with the initials APG or known as Mr. Aryes Prayudi Ginting (34 years old) was pronounced dead on 23 August 2021 with bruises after being detained by the Medan City Police. The victim was a resident of PDAM Tirtanadi Street, Medan Sunggal Sub-district who was previously arrested for a drug case on 3 August 2021.
An Advocacy staff of KontraS Medan, North Sumatra office, Mr. Ali Isnandar urged the Police to conduct a professional, transparent inquiry and investigation of the case. He also urged the Police to resolve the case of the death of the prisoner allegedly tortured by the Police.
Previously, the victim’s family suspected that the victim died due to torture while Aryes was under detention. Before he died his wife did not notice anything wrong with him. However, the suspicion was further strengthened by the condition of the victim’s body. He had bruises on his face, chest and neck.
The Chief of Police of Medan City Police Office, Police Commissioner Rikki Ramadhan, denied that Mr. Aryes died by reason of being abused. However, he did suffer with Lymph Disease and the victim died after being transported to the North Sumatra Police Bhayangkara Hospital. Related to that, Mr. Isnandar also stated that the Police should not have stepped in before the doctor’s opinion had been given regarding the cause of the victim’s death.
“The Police should not precede judgements that are not within their authority. To determine the cause of the victim’s death, an autopsy must be carried out by a Doctor (expert) of forensic pathology. The autopsy will show whether the death of the victim was due to abuse or other reasons. Therefore, the Police are not allowed to give conclusions because of lymph nodes noticed before the autopsy,” said Mr. Isnandar.
It was previously reported that the family had made a statement not to do an autopsy. And, so, the body was brought home by the family. However, according to Mr. Isnandar, from the beginning the Police had to realize that this case would continue to legal proceedings. So, an autopsy had to be carried out without asking the consent of the victim’s family.
Mr. Isnandar said that the provision for carrying out an autopsy is regulated in Article 134 paragraph (1) of the Criminal Procedure Code. It states “In utmost necessity when for the purpose of obtaining evidence an autopsy can no longer be avoided, the investigator is obliged to first inform the family of the victim.”
“From the article it is clear that before conducting an autopsy, investigators are only required to inform the family, but do not have to ask for permission from the family. The reason being that the authority to request an autopsy is the investigator’s authority based on Article 133 of the Criminal Procedure Code,” added Mr. Isnandar.
Furthermore, according to Mr. Isnandar, due to a mistake in not carrying out an autopsy from the beginning, for the purposes of investigation, he asked the Police to conduct an exhumation of the victim’s body.
“This is a serious case. The North Sumatra Police must take into consideration that since previously the victim was reported to have passed away with a series of suspicious injuries, it would lead to suspicions that the victim died by reason of being tortured. The autopsy is still carried out. It is justified by Article 135 of the Criminal Procedure Code,” explained Mr. Isnandar.
He also revealed that the Police must be wiser in dead prisoner cases which always lead to pros and cons in society. It was reasonable for Police Officers to be the target of questions if the death of the prisoner was suspicious, because they were fully responsible for people in detention. But, of course all parties would think something was wrong in the Police Agency.
Mr. Isnandar also added that in 2020, his party received denunciation of 13 cases of torture carried out by the Police. This figure is much higher than in 2019 when there were only 5 cases. “This is a substantial mission for all of us, especially the Police, considering that Indonesia has ratified the Anti-Torture Convention through Law No. 5/1998, so the action against torture must also be realized,” he said.
Therefore, I respectfully urge you to ensure that the Law Enforcement Agency must investigate the case of alleged torture against APG known as Mr. Aryes Prayudi Ginting. The investigation must be transparent, accountable and accessible to the family and the public. The National Commission on Human Rights and the National Police Commission must also monitor the investigation processes.
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
6. Mr. Bambang Soesatyo
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Tel : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
7. Mr. Drs. Hasto Atmojo Suroyo, M. Krim.
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
8. Mr. Ahmad Taufan Damanik
Chairperson of the National Commission on Human Rights (Komnas HAM)
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
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
