ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-001-2021
September 17, 2021
RE: Journalist Brutally Attacked While Carrying Out Media Coverage
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INDONESIA: Two suspects who brutally attacked a journalist not yet detained
ISSUES: Administration of justice, Freedom of expression, Freedom of Press, Impunity, Right to a fair trial,
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Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from the Independent Journalist Alliance (AJI) regarding two suspects who brutally attacked a correspondent Journalist for Tempo Magazine. The attackers of Mr. Nurhadi, have not yet been detained.
UPDATED INFORMATION:
Chief State Prosecutor Tanjung Perak Surabaya Mr. I. Ketut Kusna Dedi mentioned that the two suspects were not detained. The case related to the violence against journalist Mr. Nurhadi, considering there was an appeal from the Provincial Police of East Java and the Metropolitan Police of Surabaya. The appeal was submitted to the East Java High Prosecutor through a letter sent on 24 August 2021.
This was mentioned by Mr. Ketut in conferences with the AJI Surabaya City and Mr. Nurhadi’s lawyer, Monday (30/8/2021) afternoon.
He also stated that the authority for detention was actually related to the East Java High Prosecutor.
“We only signed for the administration. The Policy Controller was in the East Java High Prosecution. In this case, we only did administrative things since it relates to the time and place as the incident (violence) was in our jurisdiction,” said Mr. Ketut as quoted from a written statement made by AJI Surabaya, Monday (30/8/2021) afternoon.
He was explaining, based on what the East Java High Prosecutor conveyed. The two suspects, Mr. Firman Subkhi and Mr. Purwanto would not be detained since they were considered cooperative.
In addition, there was an appeal letter from the Police. They asked that the suspects not be detained as the Institution still needs them as Staff. Also, there was a guarantee letter from the family of the suspects. It guaranteed that the two suspects would be cooperative.
Responding to an appeal letter from the Police requesting that the two suspects not be detained, the chairman of AJI Surabaya, Mr. Eben Haezer questioned the commitment of the Police in this case.
He mentioned that violence proceedings carried out by the 2 suspects would harm the reputation of the National Police Institution.
“However, the Police instead, asked that the suspects not be detained. This is something unacceptable for the Police Institution,” said Eben Haezer through a written statement.
He added, the authority for either detaining suspects or not depends on the subjective considerations of the Investigators and the Prosecutors. Nevertheless, he expected that those who are authorized to decide whether they are detained or not, should also take into consideration the condition of the victim.
According to him, not detaining the suspects’ impedes the victims activities, by reason of feeling threatened.
‘The Victim is currently no longer able to carry out his profession and cannot return home as he feels his safety is still under threat,” he said.
Mr. Eben stated the following in a conference with the Tanjung Perak State Prosecutor, Kajari Tanjung Perak. His team conveyed a number of reasons that could actually be the basis for the detention of the suspects.
First, since the persecution on 27 March 2021 until now, Mr. Nurhadi is still traumatized and feels his safety is threatened.
Second, to this day Mr. Nurhadi and his wife are still unable to carry out their profession as Journalists. They have not even been able to return to their homes due to the security situation.
Third, what the suspects have done has violated the principles of press freedom in Indonesia.
Fourth, the suspects are ingenious by using the Power of Attorney. Nor have they been stripped of their membership from the Indonesian National Police.
Fifth, the suspects remain active members of the National Police. It is possible to have access to remove evidence as well as to communicate with other doers believed to be involved
“We recognize that the detention of suspects and defendants are subject to the authority of the Investigator or Public Prosecutor. However, in this case, the Public Prosecutor is supposed to consider the objective reasons as we stated earlier,” he concluded.
As previously reported, Mr. Nurhadi, a Tempo Journalist in Surabaya, was persecuted by a group of people while carrying out journalistic duties at Gedung Samudra Bumimoro. In the building a wedding reception was being held for each child of Mr. Angin Prayitno Aji. He was a former Director of Inspection at the Directorate General of Taxes at the Ministry of Finance, together with (Police Commisioner) Kombes Pol. Ahmad Yani, former Chief of the Bureau of Planning of the Provincial Police of East Java.
At Gedung Samudra Bumimoro, Mr. Nurhadi was going to ask for information related to the alleged bribery case carried out by Mr. Angin Prayitno Aji. Mr. Nurhadi’s existence apparently triggered the doers, which number a dozen people. Then, they further oppressed Mr. Nurhadi, destroyed his Subscriber Identity Module (SIM) Card and removed all data and documents stored in his cellular phone.
After the incident, Mr. Nurhadi reported the case to the Provincial Police of East Java. He was accompanied by an Anti-violence Alliance Against Journalists Consisting of Alliance of Independent Journalist (AJI) Surabaya, KontraS, Legal Aid Institute (LBH) Lentera, Legal Aid Institute (LBH) Pers, and Legal Aid Institute (LBH) Surabaya. The Investigator ultimately entangled 2 suspects with Article 18 paragraph 1 of Law (UU); a subsidiary of Article 170 paragraph 1 Criminal Code (KUHP), a subsidiary of Article 351 paragraph 1 Criminal Code (KUH), and subsidiary of Article 3515 paragraph 1 Criminal Code (KUHP).
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SUGGESTED ACTION:
Please write to the Authorities listed below. Request the following action. Ask them to ensure that the perpetrators, who brutally attacked and perpetrated violence against the Journalist, Mr. Nurhadi, be held responsible, detained and prosecuted by the Courts under the Fair Trial Principle.
The investigation must be conducted in a transparent, accountable and accessible manner.
The AHRC is writing separate letters to the UN Special Rapporteur on the Right to Freedom of Opinion and Expression and the 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: Two suspects who brutally attacked a Journalist not yet detained
Name of victim: Mr. Nurhadi, Indonesian Journalist
Names of alleged perpetrators: Allegedly State Apparatus personnel
Date of incident: Saturday, March 27, 2021
Place of incident: Gedung Samudra Bumimoro located on Jalan, Moro Krembangan, Morokrembangan, Krembangan sub-district, Surabaya City.
I am writing to voice my deep concern regarding updated information from the Independent Journalist Alliance (AJI) regarding two suspects who brutally attacked a correspondent Journalist for Tempo Magazine. The attackers of Mr. Nurhadi, have not yet been detained.
Chief State Prosecutor Tanjung Perak Surabaya Mr. I. Ketut Kusna Dedi mentioned that the two suspects were not detained. The case related to the violence against journalist Mr. Nurhadi, considering there was an appeal from the Provincial Police of East Java and the Metropolitan Police of Surabaya. The appeal was submitted to the East Java High Prosecutor through a letter sent on 24 August 2021.
This was mentioned by Mr. Ketut in conferences with the AJI Surabaya City and Mr. Nurhadi’s lawyer, Monday (30/8/2021) afternoon.
He also stated that the authority for detention was actually related to the East Java High Prosecutor.
“We only signed for the administration. The Policy Controller was in the East Java High Prosecution. In this case, we only did administrative things since it relates to the time and place as the incident (violence) was in our jurisdiction,” said Mr. Ketut as quoted from a written statement made by AJI Surabaya, Monday (30/8/2021) afternoon.
He was explaining, based on what the East Java High Prosecutor conveyed. The two suspects, Mr. Firman Subkhi and Mr. Purwanto would not be detained since they were considered cooperative.
In addition, there was an appeal letter from the Police. They asked that the suspects not be detained as the Institution still needs them as Staff. Also, there was a guarantee letter from the family of the suspects. It guaranteed that the two suspects would be cooperative.
Responding to an appeal letter from the Police requesting that the two suspects not be detained, the chairman of AJI Surabaya, Mr. Eben Haezer questioned the commitment of the Police in this case.
He mentioned that violence proceedings carried out by the 2 suspects would harm the reputation of the National Police Institution.
“However, the Police instead, asked that the suspects not be detained. This is something unacceptable for the Police Institution,” said Eben Haezer through a written statement.
He added, the authority for either detaining suspects or not depends on the subjective considerations of the Investigators and the Prosecutors. Nevertheless, he expected that those who are authorized to decide whether they are detained or not, should also take into consideration the condition of the victim.
According to him, not detaining the suspects’ impedes the victims activities, by reason of feeling threatened.
‘The Victim is currently no longer able to carry out his profession and cannot return home as he feels his safety is still under threat,” he said.
Mr. Eben stated the following in a conference with the Tanjung Perak State Prosecutor, Kajari Tanjung Perak. His team conveyed a number of reasons that could actually be the basis for the detention of the suspects.
First, since the persecution on 27 March 2021 until now, Mr. Nurhadi is still traumatized and feels his safety is threatened.
Second, to this day Mr. Nurhadi and his wife are still unable to carry out their profession as Journalists. They have not even been able to return to their homes due to the security situation.
Third, what the suspects have done has violated the principles of press freedom in Indonesia.
Fourth, the suspects are ingenious by using the Power of Attorney. Nor have they been stripped of their membership from the Indonesian National Police.
Fifth, the suspects remain active members of the National Police. It is possible to have access to remove evidence as well as to communicate with other doers believed to be involved
“We recognize that the detention of suspects and defendants are subject to the authority of the Investigator or Public Prosecutor. However, in this case, the Public Prosecutor is supposed to consider the objective reasons as we stated earlier,” he concluded.
As previously reported, Mr. Nurhadi, a Tempo Journalist in Surabaya, was persecuted by a group of people while carrying out journalistic duties at Gedung Samudra Bumimoro. In the building a wedding reception was being held for each child of Mr. Angin Prayitno Aji. He was a former Director of Inspection at the Directorate General of Taxes at the Ministry of Finance, together with (Police Commisioner) Kombes Pol. Ahmad Yani, former Chief of the Bureau of Planning of the Provincial Police of East Java.
At Gedung Samudra Bumimoro, Mr. Nurhadi was going to ask for information related to the alleged bribery case carried out by Mr. Angin Prayitno Aji. Mr. Nurhadi’s existence apparently triggered the doers, which number a dozen people. Then, they further oppressed Mr. Nurhadi, destroyed his Subscriber Identity Module (SIM) Card and removed all data and documents stored in his cellular phone.
After the incident, Mr. Nurhadi reported the case to the Provincial Police of East Java. He was accompanied by an Anti-violence Alliance Against Journalists Consisting of Alliance of Independent Journalist (AJI) Surabaya, KontraS, Legal Aid Institute (LBH) Lentera, Legal Aid Institute (LBH) Pers, and Legal Aid Institute (LBH) Surabaya. The Investigator ultimately entangled 2 suspects with Article 18 paragraph 1 of Law (UU); a subsidiary of Article 170 paragraph 1 Criminal Code (KUHP), a subsidiary of Article 351 paragraph 1 Criminal Code (KUH), and subsidiary of Article 3515 paragraph 1 Criminal Code (KUHP).
Therefore, I respectfully urge you to ensure that the perpetrators, who brutally attacked and perpetrated violence against the Journalist, Mr. Nurhadi, be held responsible, detained and prosecuted by the Courts under the Fair Trial Principle.
The investigation must be conducted in a transparent, accountable and accessible manner.
Yours Sincerely,
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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
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 in addition 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)
