Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from Jakarta Legal Aid (LBH Jakarta) regarding torture committed by police officers of the Jakarta Metropolitan Police (Polda Metro Jaya). Mr. Herianto was accused and charged of motorcycle theft without proper investigation. The police officers forced him to confess that he knew Mr. Ceper, a person sought by the police. Despite he had informed to the police that he did not know about Ceper, the police forced and tortured him to confess.
CASE NARRATIVE:
On 7 April 2017, at around 9 p.m., police officers of the Jakarta Metropolitan Police came to the boarding house where Aris and Bihin live, and forcibly searched the house without any warrant. Herianto, who was staying at Bihin’s house at the time, was arrested by the police without any arrest warrant.
After their search, the police took away several items, including phones, Herianto’s wallet, bank account information and a bag. Aris and Bihin were brought to the Jakarta Metropolitan Police office (Polda Metro Jaya), where they were physically intimidated and force to confess that they had committed a crime.
Herianto meanwhile, was blindfolded and his hands tied, and taken to an unknown building. There he was asked if he knew a Mr. Ceper. When Herianto said no, he was beaten repeatedly.
Then Herianto was forced to stand on one foot, and was again asked about Ceper. When he said he did not know him, one of the police officers conducted electric shocks on Herianto’s thigh, near his genitals. Then Herianto was forced to sit and sleep on the floor.
On April 8, the bond on Herianto’s hand and eyes was opened, and he was asked where he got his cell phone. Herianto said that he bought the mobile phone. On the same day, Herianto was transferred to Jakarta Metropolitan Police, he was brought to investigator room, unit 3, Police violent crime detectives (Jatanras). The police investigator told Herianto that he will be examined as a witness merely, and not to be afraid. Then he was asked whether or not he had stolen a motorcycle, and again Herianto said no.
After being further interrogated by the police investigator, Herianto asked the police whether the examination is over and when he could go home. The Police replied that Herianto may go home when he is picked up by his family. This confused Herianto, as he did not know how to contact his family without his mobile phone, which had not been returned by the investigator. The police ordered Herianto to stay one more night, after which he could go home.
The next morning, on April 9, Herianto was brought to the investigation room and the investigator took his picture along with that of Aris Winata Saputra and Bihin Charles.
In the evening, one of the investigators forced Herianto and Aris Winata to stand up, then the police stated that they had stolen a motorcycle. On April 9 at night, Herianto was handcuffed and brought to the investigation room. Herianto was interrogated again whether he stole the motorcycle, and when Herianto denied it, the police beat him in the stomach repeatedly.
The police continued to threaten Herianto to confess to the theft, saying they have CCTV footage to prove it. When Herianto asked the police to show the footage though, the police refused. On the contrary, the investigator spit on Herianto’s face and then ordered Herianto to lick the spit from the floor. Nonetheless, Herianto still stated that he did not steal the motorcycle.
Once again, Herianto requested the police to show the CCTV footage. Herianto’s mouth was then smeared with balm and he was forced to eat the balm. The police again told Herianto to confess that he stole a motorcycle in Ramadan 2016.
Despite repeatedly being tortured by the police, Herianto still stated that he did not steal the motorcycle. In fact, he told the police that he was not in Bekasi city; he came to Tangerang city in August 2016. Nonetheless, the police still tortured him to confess repeatedly. Finally, Herianto give up and to stop the torture he acknowledged that he stole the motorcycle. This confession was written in the police investigation report (BAP).
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that torture and other cruel, inhuman or degrading treatment or punishment is prosecuted under fair trial principles. The police investigators who tortured Herianto must be held accountable before the court. Independent agencies such as the National Commission on Human Rights (Komnas HAM) and Ombudsman must be proactive to ensure that the investigation and prosecution is conducted without undue delay, and further the Agency of Victims and Witnesses Protection (LPSK) must immediately assist the victim and ensure adequate remedies are available.
The AHRC will write a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA : Jakarta police officers torture victim to confess motorcycle theft
Name of victims : Herianto
Names of alleged perpetrators : Police officers at the Jakarta Metropolitan Police Office (Polda Metro Jaya)
Date of incident : Between 7 April 2017 to 9 April 2017
Place of incident : the Jakarta Metropolitan Police Office (Polda Metro Jaya)
I am writing to voice my deep concern regarding torture committed by police officers of the Jakarta Metropolitan Police (Polda Metro Jaya). Mr. Herianto was accused and charged of motorcycle theft without proper investigation. The police officers forced him to confess that he knew Mr. Ceper, a person sought by the police. Despite he had informed to the police that he did not know about Ceper, the police forced and tortured him to confess.
On 7 April 2017, at around 9 p.m., police officers of the Jakarta Metropolitan Police came to the boarding house where Aris and Bihin live, and forcibly searched the house without any warrant. Herianto, who was staying at Bihin’s house at the time, was arrested by the police without any arrest warrant.
After their search, the police took away several items, including phones, Herianto’s wallet, bank account information and a bag. Aris and Bihin were brought to the Jakarta Metropolitan Police office (Polda Metro Jaya), where they were physically intimidated and force to confess that they had committed a crime.
Herianto meanwhile, was blindfolded and his hands tied, and taken to an unknown building. There he was asked if he knew a Mr. Ceper. When Herianto said no, he was beaten repeatedly.
Then Herianto was forced to stand on one foot, and was again asked about Ceper. When he said he did not know him, one of the police officers conducted electric shocks on Herianto’s thigh, near his genitals. Then Herianto was forced to sit and sleep on the floor.
On April 8, the bond on Herianto’s hand and eyes was opened, and he was asked where he got his cell phone. Herianto said that he bought the mobile phone. On the same day, Herianto was transferred to Jakarta Metropolitan Police, he was brought to investigator room, unit 3, Police violent crime detectives (Jatanras). The police investigator told Herianto that he will be examined as a witness merely, and not to be afraid. Then he was asked whether or not he had stolen a motorcycle, and again Herianto said no.
After being further interrogated by the police investigator, Herianto asked the police whether the examination is over and when he could go home. The Police replied that Herianto may go home when he is picked up by his family. This confused Herianto, as he did not know how to contact his family without his mobile phone, which had not been returned by the investigator. The police ordered Herianto to stay one more night, after which he could go home.
The next morning, on April 9, Herianto was brought to the investigation room and the investigator took his picture along with that of Aris Winata Saputra and Bihin Charles.
In the evening, one of the investigators forced Herianto and Aris Winata to stand up, then the police stated that they had stolen a motorcycle. On April 9 at night, Herianto was handcuffed and brought to the investigation room. Herianto was interrogated again whether he stole the motorcycle, and when Herianto denied it, the police beat him in the stomach repeatedly.
The police continued to threaten Herianto to confess to the theft, saying they have CCTV footage to prove it. When Herianto asked the police to show the footage though, the police refused. On the contrary, the investigator spit on Herianto’s face and then ordered Herianto to lick the spit from the floor. Nonetheless, Herianto still stated that he did not steal the motorcycle.
Once again, Herianto requested the police to show the CCTV footage. Herianto’s mouth was then smeared with balm and he was forced to eat the balm. The police again told Herianto to confess that he stole a motorcycle in Ramadan 2016.
Despite repeatedly being tortured by the police, Herianto still stated that he did not steal the motorcycle. In fact, he told the police that he was not in Bekasi city; he came to Tangerang city in August 2016. Nonetheless, the police still tortured him to confess repeatedly. Finally, Herianto give up and to stop the torture he acknowledged that he stole the motorcycle. This confession was written in the police investigation report (BAP).
Therefore, I respectfully request you to ensure that torture and other cruel, inhuman or degrading treatment or punishment is prosecuted under fair trial principles. The police investigators who tortured Herianto must be held accountable before the court. Independent agencies such as the National Commission on Human Rights (Komnas HAM) and Ombudsman must be proactive to ensure that the investigation and prosecution is conducted without undue delay, and further the Agency of Victims and Witnesses Protection (LPSK) must immediately assist the victim and ensure adequate remedies are available.
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. 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. 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)
