Dear Friends,
The Asian Human Rights Commission (AHRC) has received information about the torture and forced confession of Mr. Aris Winata Saputra and Mr. Bihin Charles, committed by police officers of the Jakarta Metropolitan Police office (Polda Metro Jaya). Mr. Bihin Charles works as a courier at Soekarno Hatta International Airport, whereas Mr. Aris Winata Saputra is a driver in Tangerang, Banten province. They were illegally arrested, detained and tortured by police investigators to confess to a crime they did not commit.
CASE NARRATIVE:
On 7 April 2017, Aris requested Bihin to accompany him to Indomaret mini market in Pisang village. Then Aris met a civilian clothed police officer who suddenly asked his name. After Aris informed his name, the officer told him that he was involved in a crime, he broke a glass wall. Aris was confused because he had not in fact been involved in such a crime.
The police asked Aris to show his cellular phone, which Aris told the police he bought from Bari at the price of IDR 500,000 (five hundred thousand rupiah), however he has not yet paid the full amount.
Then the police handcuffed Aris and forced him to show his house. When they reached the house, the police searched the house without any warrant, and also did not inform the head of neighborhood and community unit (RT/RW). Aris’ wife, who was in the house, was also confused because she did not receive any letter and information from the police.
After that, the police forced Aris to show Bihin’s house, and then the place where he bought his phone. When they reached the place, Bari, who sold the phone to Aris was not there, he was playing badminton.
In the badminton field, Aris was forced to point out Bari. Bari’s friends were also there, Wahyu and Padli. Shortly thereafter, Wahyu was arrested by the police and when the police was trying to arrest Padli, he escaped.
On April 8, Aris and Bihin were brought to an unknown place, then they were transferred to the Jakarta Metropolitan Police. On the same evening, Aris, Bihin and Herianto (who had also been arrested for the same crime; see AHRC-UAC-049-2017) were forced to confess that they had broken the glass wall, however Aris refused to confess.
Suddenly Aris and his two friends were beaten repeatedly in the investigation room, and one of the police officers smeared Aris’ genitals with balm and forced him to confess. On April 8 at night, the police drafted a police investigation report that Aris bought a phone, Bihin bought a motorcycle and Herianto is a witness.
On April 9, the police took pictures of Aris along with Herianto, Bihin and Bayu. On that night, Aris and Herianto were taken from their room at 10 p.m., and Aris was accused of stealing a motorcycle belonging to Herianto’s friend in 2016.
Aris told the police that he had not arrived in Jakarta when the motorcycle was stolen; he was in Bandung, West Java province at the time. When Aris repeatedly told the police investigator that he did not steal the motorcycle, the police tied his hands with duct tape, blindfolded him, and hit his head with a pistol, causing bleeding.
On April 10, Aris was again tortured and forced to confess that he had stolen the motorcycle belonging to Herianto’s friend. The police also falsely told Aris that Herianto had confessed that Aris stole the motorcycle. Not knowing that Herianto was also tortured into confessing, Aris was confused.
Aris’ refusal to confess resulted in further torture. Aris’ feet were beaten with a hammer. He was also beaten and kicked. One of the police investigators threatened Aris by saying that he had to choose whether to die or to run. Aris was very afraid and he understood that he might be shot. Finally, Aris confessed that he stole the motorcycle.
In a different police examination room, Bihin also faced intimidation, threats and torture. He was also forced by the police to confess that he had bought a motorcycle from Herianto and Aris. The police beat him and conducted electric shocks, so that Bihin also finally confessed to a crime he did not actually commit.
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 Aris and Bihin and forced them to confess 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. The Agency of Victims and Witnesses Protection (LPSK) must immediately assist the victims and ensure they receive adequate remedies.
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 Metropolitan Police repeatedly torture suspects to confess crimes
Name of victims : Mr. Aris Winata Saputra and Mr. Bihin Charles
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 about the torture and forced confession of Mr. Aris Winata Saputra and Mr. Bihin Charles, committed by police officers of the Jakarta Metropolitan Police office (Polda Metro Jaya). Mr. Bihin Charles works as a courier at Soekarno Hatta International Airport, whereas Mr. Aris Winata Saputra is a driver in Tangerang, Banten province. They were illegally arrested, detained and tortured by police investigators to confess to a crime they did not commit.
On 7 April 2017, Aris requested Bihin to accompany him to Indomaret mini market in Pisang village. Then Aris met a civilian clothed police officer who suddenly asked his name. After Aris informed his name, the officer told him that he was involved in a crime, he broke a glass wall. Aris was confused because he had not in fact been involved in such a crime.
The police asked Aris to show his cellular phone, which Aris told the police he bought from Bari at the price of IDR 500,000 (five hundred thousand rupiah), however he has not yet paid the full amount.
Then the police handcuffed Aris and forced him to show his house. When they reached the house, the police searched the house without any warrant, and also did not inform the head of neighborhood and community unit (RT/RW). Aris’ wife, who was in the house, was also confused because she did not receive any letter and information from the police.
After that, the police forced Aris to show Bihin’s house, and then the place where he bought his phone. When they reached the place, Bari, who sold the phone to Aris was not there, he was playing badminton.
In the badminton field, Aris was forced to point out Bari. Bari’s friends were also there, Wahyu and Padli. Shortly thereafter, Wahyu was arrested by the police and when the police was trying to arrest Padli, he escaped.
On April 8, Aris and Bihin were brought to an unknown place, then they were transferred to the Jakarta Metropolitan Police. On the same evening, Aris, Bihin and Herianto (who had also been arrested for the same crime; see AHRC-UAC-049-2017) were forced to confess that they had broken the glass wall, however Aris refused to confess.
Suddenly Aris and his two friends were beaten repeatedly in the investigation room, and one of the police officers smeared Aris’ genitals with balm and forced him to confess. On April 8 at night, the police drafted a police investigation report that Aris bought a phone, Bihin bought a motorcycle and Herianto is a witness.
On April 9, the police took pictures of Aris along with Herianto, Bihin and Bayu. On that night, Aris and Herianto were taken from their room at 10 p.m., and Aris was accused of stealing a motorcycle belonging to Herianto’s friend in 2016.
Aris told the police that he had not arrived in Jakarta when the motorcycle was stolen; he was in Bandung, West Java province at the time. When Aris repeatedly told the police investigator that he did not steal the motorcycle, the police tied his hands with duct tape, blindfolded him, and hit his head with a pistol, causing bleeding.
On April 10, Aris was again tortured and forced to confess that he had stolen the motorcycle belonging to Herianto’s friend. The police also falsely told Aris that Herianto had confessed that Aris stole the motorcycle. Not knowing that Herianto was also tortured into confessing, Aris was confused.
Aris’ refusal to confess resulted in further torture. Aris’ feet were beaten with a hammer. He was also beaten and kicked. One of the police investigators threatened Aris by saying that he had to choose whether to die or to run. Aris was very afraid and he understood that he might be shot. Finally, Aris confessed that he stole the motorcycle.
In a different police examination room, Bihin also faced intimidation, threats and torture. He was also forced by the police to confess that he had bought a motorcycle from Herianto and Aris. The police beat him and conducted electric shocks, so that Bihin also finally confessed to a crime he did not actually commit.
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 Aris and Bihin and forced them to confess 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. The Agency of Victims and Witnesses Protection (LPSK) must immediately assist the victims and ensure they receive adequate remedies.
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)
