ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-013-2021
October 27, 2021
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INDONESIA: Men who allegedly stole a mobile phone brutally attacked and prosecuted by the Police
ISSUES: Torture, Legal Aid, Fair Trial, Remedy, Access to Justice
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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), the North Sumatera Province branch office. It is regarding an attack against two suspects who allegedly stole a mobile phone. It belonged to First Police Inspector Adjutant (Aiptu) Alexander Sembiring, S. Sos Nrp. 74120901. He is the Head of Public Relations of the Tanjung Morawa Police.
CASE NARRATIVE:
This case began when the victims, Mr. Rian Syaputra Barus and Mr. Sanjaya Deva Wana Bukit, had found 1 unit of a Samsung S10+ cellphone on Street Raya, precisely on the edge of the Titi Layang Bridge, Bendungan Street I. It was on Thursday, May 13, 2021 around 03.00 am.
The cellphone was off and locked, so there were no phone calls on it. Initially, Rian and Deva intended to return it. But as long as they did not know the owner, a week later they sold it for IDR. 2,200,000 to Mr. Edy Putra Sinurat, a member of the Indonesian Air Force (TNI).
After being sold, the owner of the cellphone was found to belong to Police officer, First Police Inspector Adjutant (Aiptu), Alexander Sembiring, S. Sos Nrp. 74120901. He is the Head of Public Relations of the Tanjung Morawa Police. The Police then attacked the victims Rian and Deva on Tuesday, June 29, 2021 at Sm. Raja, Medan Street.
Rian and Deva were attacked by the Police since both of them did not want to admit that they had stolen the cellphone at the perpetrator’s house. Even though Rian and Deva had explained that the cellphone was found on the highway, the Police still insisted on accusing them of stealing at his home.
In this case, the Police also attacked Mr. Salomo because he wanted to stop the attack. Needless to say, the Police were not happy with Salomo.
On July 01, 2021, Rian Syaputra Barus filed an abuse Police report at the North Sumatra Police according to Police Report Number: STTLP/1080/VII/2021/SPKT/Polda Sumut dated July 1, 2021. On the same day Sanjaya Deva Wana Bukit also filed a Police report regarding the alleged violation of Police discipline at the North Sumatra Police Program according to Police Report Number: LP/50//VII/2021/Program dated July 1, 2021. Two victims had reported Aiptu Alexander Sembiring.
On 02 July 2021, the Police officer who attacked Rian and Deva, also filed a police report on the theft of Rian Syahputra Barus and Deva Wana Bukit at the Patumbak Police Station.
This was reported as LP/B/385/VII/2021/SPKT/Patumbak Police Sector/Medan Metropolitant Police Office/ North Sumatera Regional Police Office on 02 July 2021.
On July 06, 2021, Police Report Number: STTLP/1080/VII/2021/SPKT/North Sumatera Regional Police Office dated July 01, 2021, on behalf of the Whistleblower Rian Syaputra Barus was transferred to the Medan Police Officer. The report is still under investigation.
On July 19, 2021, Police Report Number: LP/50//VII/2021/Propam, dated July 1, 2021, Sanjaya Deva Wana Bukit was transferred to the Deli Serdang Police.
On July 21, 2021, the Patumbak Police arrested Rian Syaputra Barus based on Arrest Warrant Number: SP. Kap/204/VII/2021/Reskrim dated July 21, 2021 and detained based on the Detention Order Number: SP. Han/104/VII/2021/Reskrim dated July 22, 2021. The same thing occurred to Sanjaya Deva Wana Bukit who was arrested based on the Arrest Warrant Number: SP.Kap/215/VII/2021/Reskrim on July 21, 2021 and detained based on the Letter of Intent Detention Order Number : SP. Han/105/VII/2021/Reskrim dated July 22, 2021.
On September 25, 2021, a Police Disciplinary Hearing was held at the Tribrata Hall of the Deli Serdang Police Station. It was to investigate Aiptu Alexander Sembiring in connection with Police Report Number: LP/50//VII/2021/Propam, dated July 1, 2021, on behalf of the Whistleblower Sanjaya Deva Wana Bukit.
During the disciplinary trial investigation, Aiptu Alexander Sembiring was proven to have committed a disciplinary violation in accordance to Article 3 letter (g) and Article 5 letter (a) Government Regulation (PP) No. 2/2003 concerning Disciplinary Regulations for Members of the Police. He was given a written warning and sentenced to a six (6) month delay in attending Police Education Courses for rank promotion.
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 three cases of the alleged tortures of Mr. Rian Syaputra Barus, Mr. Sanjaya Deva Wana Bukit and Mr. Salomo. The investigation must be transparent, accountable and accessible for both the family and the public. The National Commission on Human Rights and the National Police Commission must also monitor the investigation process.
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: Men who allegedly stole a mobile phone brutally attacked and prosecuted by the Police
Name of victims:
- Mr. Rian Syaputra Barus
- Mr. Sanjaya Deva Wana Bukit
- Mr. Salomo
Names of alleged perpetrators: First Police Inspector Adjutant (Aiptu). Alexander Sembiring, S. Sos Nrp. 74120901
Date of incident: 13 May 2021 until the present
Place of incident: Medan, North Sumatera Province
I am writing to voice my deep concern regarding an attack against two suspects who allegedly stole a mobile phone. It belonged to First Police Inspector Adjutant (Aiptu) Alexander Sembiring, S. Sos Nrp. 74120901. He is the Head of Public Relations of the Tanjung Morawa Police.
This case began when the victims, Mr. Rian Syaputra Barus and Mr. Sanjaya Deva Wana Bukit, had found 1 unit of a Samsung S10+ cellphone on Street Raya, precisely on the edge of the Titi Layang Bridge, Bendungan Street I. It was on Thursday, May 13, 2021 around 03.00 am.
The cellphone was off and locked, so there were no phone calls on it. Initially, Rian and Deva intended to return it. But as long as they did not know the owner, a week later they sold it for IDR. 2,200,000 to Mr. Edy Putra Sinurat, a member of the Indonesian Air Force (TNI).
After being sold, the owner of the cellphone was found to belong to Police officer, First Police Inspector Adjutant (Aiptu), Alexander Sembiring, S. Sos Nrp. 74120901. He is the Head of Public Relations of the Tanjung Morawa Police. The Police then attacked the victims Rian and Deva on Tuesday, June 29, 2021 at Sm. Raja, Medan Street.
Rian and Deva were attacked by the Police since both of them did not want to admit that they had stolen the cellphone at the perpetrator’s house. Even though Rian and Deva had explained that the cellphone was found on the highway, the Police still insisted on accusing them of stealing at his home.
In this case, the Police also attacked Mr. Salomo because he wanted to stop the attack. Needless to say, the Police were not happy with Salomo.
On July 01, 2021, Rian Syaputra Barus filed an abuse Police report at the North Sumatra Police according to Police Report Number: STTLP/1080/VII/2021/SPKT/Polda Sumut dated July 1, 2021. On the same day Sanjaya Deva Wana Bukit also filed a Police report regarding the alleged violation of Police discipline at the North Sumatra Police Program according to Police Report Number: LP/50//VII/2021/Program dated July 1, 2021. Two victims had reported Aiptu Alexander Sembiring.
On 02 July 2021, the Police officer who attacked Rian and Deva, also filed a police report on the theft of Rian Syahputra Barus and Deva Wana Bukit at the Patumbak Police Station.
This was reported as LP/B/385/VII/2021/SPKT/Patumbak Police Sector/Medan Metropolitant Police Office/ North Sumatera Regional Police Office on 02 July 2021.
On July 06, 2021, Police Report Number: STTLP/1080/VII/2021/SPKT/Polda Sumut dated July 01, 2021, on behalf of the Whistleblower Rian Syaputra Barus was transferred to the Medan Police Officer. The report is still under investigation.
On July 19, 2021, Police Report Number: LP/50//VII/2021/Propam, dated July 1, 2021, Sanjaya Deva Wana Bukit was transferred to the Deli Serdang Police.
On July 21, 2021, the Patumbak Police arrested Rian Syaputra Barus based on Arrest Warrant Number: SP. Kap/204/VII/2021/Reskrim dated July 21, 2021 and detained based on the Detention Order Number: SP. Han/104/VII/2021/Reskrim dated July 22, 2021. The same thing occurred to Sanjaya Deva Wana Bukit who was arrested based on the Arrest Warrant Number: SP.Kap/215/VII/2021/Reskrim on July 21, 2021 and detained based on the Letter of Intent Detention Order Number : SP. Han/105/VII/2021/Reskrim dated July 22, 2021.
On September 25, 2021, a Police Disciplinary Hearing was held at the Tribrata Hall of the Deli Serdang Police Station. It was to investigate Aiptu Alexander Sembiring in connection with Police Report Number: LP/50//VII/2021/Propam, dated July 1, 2021, on behalf of the Whistleblower Sanjaya Deva Wana Bukit. During the disciplinary trial investigation, Aiptu Alexander Sembiring was proven to have committed a disciplinary violation in accordance to Article 3 letter (g) and Article 5 letter (a) Government Regulation (PP) No. 2/2003 concerning Disciplinary Regulations for Members of the Police. He was given a written warning and sentenced to a six (6) month delay in attending Police Education Courses for rank promotion.
Therefore, I respectfully urge you to ensure that the Law Enforcement Agency must investigate the three cases of the alleged tortures of Mr. Rian Syaputra Barus, Mr. Sanjaya Deva Wana Bukit and Mr. Salomo. The investigation must be transparent, accountable and accessible for both the family and the public. The National Commission on Human Rights and the National Police Commission must also monitor the investigation process.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
- 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.id2. 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 30953. 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 52530954. 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
Telp : +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.
Asian Human Rights Commission (ua@ahrc.asia)
