Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappeared and Victims of Violence (KontraS), a national human rights organization, and Maromoi Legal Aid, regarding an alleged torture to death against Mr. La Gode, a resident of Taliabu Island, North Moluccas province, Indonesia. After arrested by police officer and detained in the Military Post of Task Force (Satgas) 732/Buana, Gode passed away with serious injured in the body, in particular in the back and lateral. Up until present the investigation process is still being conducted by the Military Police.
CASE NARRATIVE:
On 10 October 2017, Mr. La Gode was arrested by police officers, accused of stealing cassava. Subsequently, Gode was transferred to the military post of Satgas 732/Banua for further examination. However, on October 15 Gode escaped from the military post. On October 23, Gode and one witness were arrested by police officers and two military personnel, and brought them to the Military Post again. Suddenly, there was information that on October 24, at 4 p.m. Gode passed away in the military post Satgas 732/Banua.
There is a strong indication that the police officers have violated the Indonesian Criminal Procedure Code. The police did not inform Gode’s family when he was arrested, on the contrary the police brought him to the Military Post Satgas 732/ Banua, whereas under the Criminal Procedure Code, the military does not have any authority to examine a public criminal case. According to a key witness (initial LM), since he and Gode were arrested and detained in the Military Post between 23 and 24 October 2017, Gode was tortured by military personnel of Satgas 732/Banua.
On November 20, Gode’s family along with Maromoi Legal Aid and KontraS filed a report on the allegation of torture to death to the Ternate Military police (Denpom). In addition, Gode’s family also filed a report to the North Molluccas Regional Police Office (Polda Maluku Utara) with police registration number STPL/29/XI/2017/Yanduan dated 22 November 2017.
After the report was filed, the Ternate Military Police conducted an investigation, and between 2 and 3 December 2017, the military investigators have examined eight witnesses, all of whom are local residents.
Moreover, the police investigators of North Mollucas Regional Police Office have also examined witnesses. On December 14, the police conducted an autopsy upon La Gode’s dead body, but there is no clear result. In addition, military investigators of Ternate Military police XVI have examined 14 military personnel, one police officer and 12 local residents. So far, the Military Police has named 10 military personnel, member of task force (Satgas 732/Banua) as suspects; they have been detained for further examination. Their names have not been disclosed however.
According to Maromoi Legal Aid and KontraS:
First, the Military Police did not take into account the request of witnesses and family of victim to have legal counsel. The Military police insisted to proceed with the examination without the presence of lawyers. While it is not legally mandatory for witnesses to be accompanied by lawyers, however, considering the security of witnesses and family of victim and also to avoid threats and intimidation, the presence of lawyers is very important to ensure that the examination process is conducted under fair trial principles. This is even more important when considering that witnesses and Gode’s family live in remote areas and far away from legal access, information and public transportation.
In addition, according to Maromoi Legal Aid and KontraS, there was an illegal effort to stop La Gode’s family from advocating the case of torture. The military has offered money to Gode’s family amounting to IDR 1,400,000 each month for nine months. Besides money, the military also gave rice and collected signature from local residents.
Furthermore, the investigation into Gode’s torture is conducted merely because of an order from the commander and to achieve the target of quick investigation process, rather than for any genuine reason. This can be seen in the statement by the military spokesperson, saying that no strong indication of involvement of military personnel has yet been found.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the military officer and police officer who allegedly tortured La Gode are held accountable. The military and the police should investigate the case under fair trial principles, and they must cooperate with the National Commission on Human Rights (Komnas HAM) as well as the National Police Commission. If the military personnel and police officers are found guilty, the case should be brought to the criminal court with fair and high standards of law. In addition, adequate remedy should be given to the victim’s family.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Resident of Taliabu Island tortured to death in military post
Name of victims: Mr. La Gode
Names of alleged perpetrators: Military Personnel of Satgas 732/ Buana and one police officer
Date of incident: Between 23 and 24 October 2017
Place of incident: Military post of Satgas 732/Buana
I am writing to voice my deep concern regarding an alleged torture to death against Mr. La Gode, a resident of Taliabu Island, North Moluccas province, Indonesia. After arrested by police officer and detained in the Military Post of Task Force (Satgas) 732/Buana, Gode passed away with serious injured in the body, in particular in the back and lateral. Up until present the investigation process is still being conducted by the Military Police.
On 10 October 2017, Mr. La Gode was arrested by police officers, accused of stealing cassava. Subsequently, Gode was transferred to the military post of Satgas 732/Banua for further examination. However, on October 15 Gode escaped from the military post. On October 23, Gode and one witness were arrested by police officers and two military personnel, and brought them to the Military Post again. Suddenly, there was information that on October 24, at 4 p.m. Gode passed away in the military post Satgas 732/Banua.
There is a strong indication that the police officers have violated the Indonesian Criminal Procedure Code. The police did not inform Gode’s family when he was arrested, on the contrary the police brought him to the Military Post Satgas 732/ Banua, whereas under the Criminal Procedure Code, the military does not have any authority to examine a public criminal case. According to a key witness (initial LM), since he and Gode were arrested and detained in the Military Post between 23 and 24 October 2017, Gode was tortured by military personnel of Satgas 732/Banua.
On November 20, Gode’s family along with Maromoi Legal Aid and KontraS filed a report on the allegation of torture to death to the Ternate Military police (Denpom). In addition, Gode’s family also filed a report to the North Molluccas Regional Police Office (Polda Maluku Utara) with police registration number STPL/29/XI/2017/Yanduan dated 22 November 2017.
After the report was filed, the Ternate Military Police conducted an investigation, and between 2 and 3 December 2017, the military investigators have examined eight witnesses, all of whom are local residents.
Moreover, the police investigators of North Mollucas Regional Police Office have also examined witnesses. On December 14, the police conducted an autopsy upon La Gode’s dead body, but there is no clear result. In addition, military investigators of Ternate Military police XVI have examined 14 military personnel, one police officer and 12 local residents. So far, the Military Police has named 10 military personnel, member of task force (Satgas 732/Banua) as suspects; they have been detained for further examination. Their names have not been disclosed however.
According to Maromoi Legal Aid and KontraS:
First, the Military Police did not take into account the request of witnesses and family of victim to have legal counsel. The Military police insisted to proceed with the examination without the presence of lawyers. While it is not legally mandatory for witnesses to be accompanied by lawyers, however, considering the security of witnesses and family of victim and also to avoid threats and intimidation, the presence of lawyers is very important to ensure that the examination process is conducted under fair trial principles. This is even more important when considering that witnesses and Gode’s family live in remote areas and far away from legal access, information and public transportation.
In addition, according to Maromoi Legal Aid and KontraS, there was an illegal effort to stop La Gode’s family from advocating the case of torture. The military has offered money to Gode’s family amounting to IDR 1,400,000 each month for nine months. Besides money, the military also gave rice and collected signature from local residents.
Furthermore, the investigation into Gode’s torture is conducted merely because of an order from the commander and to achieve the target of quick investigation process, rather than for any genuine reason. This can be seen in the statement by the military spokesperson, saying that no strong indication of involvement of military personnel has yet been found.
Therefore, I respectfully request you to ensure that the military and police officer who allegedly tortured La Gode are held accountable. The military and the police should investigate the case under fair trial principles, and they must cooperate with the National Commission on Human Rights (Komnas HAM) as well as the National Police Commission. If the military personnel and police officers are found guilty, the case should be brought to the criminal court with fair and high standards of law. In addition, adequate remedy should be given to the victim’s family.
I look forward to your prompt action in this matter.
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. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
5. General Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
6. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
7. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr. Abdul Haris Semendawai
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
9. 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 Programme
Asian Human Rights Commission (ua@ahrc.asia)
