INDONESIA: Accused thief detained and tortured to death by the Kendari Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-022-2017
ISSUES: Administration of justice, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Commission for the Disappearances and Victims of Violence (KontraS), a national human rights NGO, about the torture of Mr. Abdul Jalil (25), resulting in his death. A member of the National Narcotic Board (BNN) branch office in South East Nusa Tenggara province, Jalil was accused of theft and tortured to death by police officers of the Kendari Police Resort (Polres Kendari), South East Sulawesi province. The investigation has shown little progress so far, with only two officers named as suspects, while other officers remain free. Police investigators have failed to maintain high legal and professional standards in dealing with this torture case.

CASE NARRATIVE:

On 6 June 2016, Mr. Abdul Jalil was found dead after being arrested by police officers of Polres Kendari, South East Sulawesi Province. According to Jalil’s family, at the time of arrest, they did not receive a copy of the summons letter, as required by law, and nor did the police give any explanation regarding the purpose of arrest.

Furthermore, the family were also not allowed to visit Mr. Jalil. Finally, they were informed that Mr. Jalil is dead. According to KontraS, when the police arrested Mr. Jalil, he was not directly taken to police custody, but to an unknown place, and then to custody. Based on the information provided by the family, when they visited the dead body of Mr. Jalil, there were injuries on the entire body, as well as gunshot wounds in the feet.

The police investigator of Polres Kendari has started investigation since 10 June 2016, the polie also sent a notification letter regarding the period of investigation to the high prosecutor of South East Sulawesi province. The police had detained one of the perpetrators Police Brigadier Muh. Ichsan Aqsyar Bin Drs. Lan Dofau, Mpd Alias Aca, he was detained since 30 June 2016 and released on 29 October 2016. Moreover, another suspect namely Police First Brigadier Achmad Dirga Amiluddin Alias Dirga was not detained.

So far, 20 witnesses and three experts had been examined by the investigators. Nonetheless, the investigation has yet shown significant progress, the police merely named two police officers as suspects, despite Mr. Jalil was tortured to death by allegedly tens of police officers.

So far the high prosecutor of South East Sulawesi province reluctant to follow up the investigation, since the investigators sent the notification letter, the high prosecutor has yet replied the letter.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that Kendari Police Resort / Polres Kendari should comprehensively investigate the case and apply fair trial principles. The police should open access to the independent commission such as National Police Commission (Kompolnas), National Commission on Human Rights (Komnas HAM) as well as Ombudsman.

The government should ensure that family of victims entitle to remedy without undue delay. Further, the law enforcement agency should apply high standard of law in dealing with torture case.

The AHRC will write a separate letter to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions and the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………..,

INDONESIA : Accused thief detained and tortured to death by the Kendari Police

Name of victims : Mr. Abdul Jalil (25)
Names of alleged perpetrators : Police officers of Polres Kendari 
Date of incident : 6 June 2016 
Place of incident : Kendari Police Resort (Polres Kendari)

I am writing to voice my deep concern regarding the torture of Mr. Abdul Jalil (25), resulting in his death. A member of the National Narcotic Board (BNN) branch office in South East Nusa Tenggara province, Jalil was accused of theft and tortured to death by police officers of the Kendari Police Resort (Polres Kendari), South East Sulawesi province. The investigation has shown little progress so far, with only two officers named as suspects, while other officers remain free. Police investigators have failed to maintain high legal and professional standards in dealing with this torture case. 
On 6 June 2016, Mr. Abdul Jalil was found dead after being arrested by police officers of Polres Kendari, South East Sulawesi Province. According to Jalil’s family, at the time of arrest, they did not receive a copy of the summons letter, as required by law, and nor did the police give any explanation regarding the purpose of arrest.

Furthermore, the family were also not allowed to visit Mr. Jalil. Finally, they were informed that Mr. Jalil is dead. According to KontraS, when the police arrested Mr. Jalil, he was not directly taken to police custody, but to an unknown place, and then to custody. Based on the information provided by the family, when they visited the dead body of Mr. Jalil, there were injuries on the entire body, as well as gunshot wounds in the feet.

The police investigator of Polres Kendari has started investigation since 10 June 2016, the polie also sent a notification letter regarding the period of investigation to the high prosecutor of South East Sulawesi province. The police had detained one of the perpetrators Police Brigadier Muh. Ichsan Aqsyar, he was detained since 30 June 2016 and released on 29 October 2016. Moreover, another suspect namely Police First Brigadier Achmad Dirga Amiluddin Alias Dirga was not detained.

So far, 20 witnesses and three experts had been examined by the investigators. Nonetheless, the investigation has yet shown significant progress, the police merely named two police officers as suspects, despite Mr. Jalil was tortured to death by allegedly tens of police officers.

So far the high prosecutor of South East Sulawesi province reluctant to follow up the investigation, since the investigators sent the notification letter, the high prosecutor has yet replied the letter.

Therefore, I respectfully request you to ensure that Kendari Police Resort / Polres Kendari should comprehensively investigate the case and apply fair trial principles. The police should open access to the independent commission such as National Police Commission (Kompolnas), National Commission on Human Rights (Komnas HAM) as well as Ombudsman.

The government should ensure that family of victims entitle to remedy without undue delay. Further, the law enforcement agency should apply high standard of law in dealing with torture case.

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. 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

5. 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

6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia 
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

7. Dr. HM. Azis Syamsuddin, SH
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) 
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881

9. M. Imdadun Rahmat 
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)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-022-2017
Countries : Indonesia,
Issues : Administration of justice, Torture,