INDONESIA : Villagers shot arbitrarily by West Sumba police in land dispute

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-026-2018
ISSUES: Administration of justice, Freedom of expression, Judicial system, Land rights, Police violence, Right to life, Right to remedy,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Indonesian Forum for the Environment (Walhi), a credible national civil society organization, about a land dispute and police violence in East Nusa Tenggara Province. One villager was killed after police officers arbitrarily opened fire on villagers protesting against the Sutera Marosi Company’s claim on abandoned land. There has been no significant progress in the investigation of the violence, and the chief police of West Sumba Police Office has been transferred to the National Police Headquarters in Jakarta.

CASE NARRATIVE:

On April 24, the Regent of West Sumba, along with the National Land Agency/Agrarian and Spatial Planning Minister (BPN/ATR) West Sumba Regency facilitated a mediation process involving the Sutera Marosi Company (PT. Sutera Marosi) and villagers of Patiala Bawah village, Lamboya sub-district. The mediation took place at the office of Lamboya sub-district. During the mediation process, the villagers protested at the illegitimate claims of the Company on land that has been abandoned for a long time. The villagers also requested for the old owner of the Sutera Marosi Company to be present. As this was not possible, the mediation process failed.

On April 25, at 9 a.m., the Sutera Marosi Company conducted land measurement of 200 hectares, consisting of seven lands in the coastal Marosi beach. The Company was accompanied by the Land Agency and guarded by approximately 50 police officers with full weaponry, bullet proof vest, and riot vehicles. There were also police officers from Lamboya Police Sector, (Polsek Lamboya), Police Mobile Brigade (Brimob) and the Army.

When the measurement team arrived at the location, villagers protested and questioned the legality of the Company’s actions. They also demanded the Company to present the old land owner, as already discussed in the mediation process on April 24.

Amidst this chaotic situation, local government authorities consisting of the head of Lamboya sub-district and the head of Patiala Bawah village were trying to negotiate with the villagers and requesting them to calm down. Finally, they succeeded and the villagers agreed to stand aside from the land measurement. The villagers monitored the process of land measurement, which began from the first coastal land. When it reached the fifth land, the villagers took pictures and recorded the process using their mobile phones. The police officers suddenly became angry; they forcibly grabbed the mobile phones and beat the villagers.

Learning of the police violence, at 3 p.m. more villagers came to the location of the land measurement. The police then suddenly opened fire on the villagers, resulting in the death of one villager dead, 40-year-old Mr. Poroduka, and the serious injury of Mr. Matiduka in both legs. More than 10 villagers experienced police violence, one of them a junior high school student. After the shooting, the villagers were very afraid and most left the location. Those who remained were forcibly evacuated by the police.

SUGGESTED ACTION:

Please write to the authorities listed below. Ask them to ensure that the police violence and shooting against the villagers must be properly investigated under fair trial principles. The Chief of National Police must ensure and guarantee that police officers guilty in the case must be criminally prosecuted, and not just internally disciplined. The government must ensure that the Sutera Marosi Company (PT. Sutera Marosi) is legally audited, and its permit anulled if any discrepancies are found. The government must also undertake the mediation process and make the legal status of the land clear. The villagers’ voices must be heard and taken into consideration, and their rights protected.

The AHRC is writing a separate letter to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions and Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for their intervention into this matter.

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

SAMPLE LETTER

Dear ___________,

INDONESIA : Villagers illegally shot by West Sumba police in land dispute

Name of victims: Mr. Poroduka (40) shot to death in the chest, Mr. Matiduka shot in his legs and 10 other villagers experienced from police violence where one of them are a student of Junior High School

Names of alleged perpetrators:

1. Sutera Marosi Company (PT. Sutera Marosi)
2. Police Officers of Lamboya Police Sector (Polsek Lamboya)
3. Police Officers of West Sumba Police Office
4. Police Mobile Brigade (Brimob)
5. the National Land Agency/Agrarian and Spatial Planning Minister (BPN/ATR) West Sumba Regency

Date of incidents: 25 April 2018

Place of incident: Patiala Bawah village, Lamboya sub-district, West Sumba Regency, East Nusa Tenggara Province (NTT)

I am writing to voice my deep concern regarding a land dispute and police violence in East Nusa Tenggara Province. One villager was killed after police officers arbitrarily opened fire on villagers protesting against the Sutera Marosi Company’s claim on abandoned land. There has been no significant progress in the investigation of the violence, and the chief police of West Sumba Police Office has been transferred to the National Police Headquarters in Jakarta.

On April 24, the Regent of West Sumba, along with the National Land Agency/Agrarian and Spatial Planning Minister (BPN/ATR) West Sumba Regency facilitated a mediation process involving the Sutera Marosi Company (PT. Sutera Marosi) and villagers of Patiala Bawah village, Lamboya sub-district. The mediation took place at the office of Lamboya sub-district. During the mediation process, the villagers protested at the illegitimate claims of the Company on land that has been abandoned for a long time. The villagers also requested for the old owner of the Sutera Marosi Company to be present. As this was not possible, the mediation process failed.

On April 25, at 9 a.m., the Sutera Marosi Company conducted land measurement of 200 hectares, consisting of seven lands in the coastal Marosi beach. The Company was accompanied by the Land Agency and guarded by approximately 50 police officers with full weaponry, bullet proof vest, and riot vehicles. There were also police officers from Lamboya Police Sector, (Polsek Lamboya), Police Mobile Brigade (Brimob) and the Army.

When the measurement team arrived at the location, villagers protested and questioned the legality of the Company’s actions. They also demanded the Company to present the old land owner, as already discussed in the mediation process on April 24.

Amidst this chaotic situation, local government authorities consisting of the head of Lamboya sub-district and the head of Patiala Bawah village were trying to negotiate with the villagers and requesting them to calm down. Finally, they succeeded and the villagers agreed to stand aside from the land measurement. The villagers monitored the process of land measurement, which began from the first coastal land. When it reached the fifth land, the villagers took pictures and recorded the process using their mobile phones. The police officers suddenly became angry; they forcibly grabbed the mobile phones and beat the villagers.

Learning of the police violence, at 3 p.m. more villagers came to the location of the land measurement. The police then suddenly opened fire on the villagers, resulting in the death of one villager dead, 40-year-old Mr. Poroduka, and the serious injury of Mr. Matiduka in both legs. More than 10 villagers experienced police violence, one of them a junior high school student. After the shooting, the villagers were very afraid and most left the location. Those who remained were forcibly evacuated by the police.

Therefore, I respectfully request you to ensure that the police violence and shooting against the villagers must be properly investigated under fair trial principles. The Chief of National Police must ensure and guarantee that police officers guilty in the case must be criminally prosecuted, and not just internally disciplined. The government must ensure that the Sutera Marosi Company (PT. Sutera Marosi) is legally audited, and its permit anulled if any discrepancies are found. The government must also undertake the mediation process and make the legal status of the land clear. The villagers’ voices must be heard and taken into consideration, and their rights protected.

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.idskm@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. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative 
Ketua Komisi 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. HM Prasetyo
Attorney General of Republic of Indonesia 
Kejaksaan Agung RI 
Jl. Sultan Hasanuddin No. 1 
Jakarta Selatan 
INDONESIA 
Tel: + 62 21 7221337 , 7397602 
Fax: + 62 21 7250213

10. Mr. Aidul Fitriciada Azhari 
Chairperson of The Judicial Commission 
Jalan Kramat Raya No. 57 Jakarta Pusat 
INDONESIA
Tel: +62 21 3905876
Fax: +62 21 3906215
Email: pengaduan@komisiyudisial.go.id

11. 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)