Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from Makassar Legal Aid (LBH Makassar), South Sulawesi Province, regarding the attack committed by a military officer and housing security against three teenagers. They were accused of theft without any evidence or investigation, and immediately attacked, causing them to be hospitalized with serious injuries. Until present no prosecution has been initiated, while the military is conducting an investigation through its ethics mechanism, which holds no criminal punishment.
CASE NARRATIVE:
On 16 April 2017, three teenagers, Iksan Ansari (17), Sulaiman (19) and Afdal (18) chased a sedan, which allegedly committed a hit and run accident, until the driver reached a residential housing society in Maple, Metro Tanjung Bunga street, South Sulawesi province. When the three teenagers reached the sedan, they asked the driver to get out from the car. At the same time, a military officer was walking on the street. The officer suddenly called out ‘thieves’ to the three teenagers, and then without any further inquiry, he attacked the three teenagers with a water hose, together with the housing society security and residents. As a result, the three teenagers were seriously injured and hospitalized.
Despite the three teenagers trying to explain the hit and run accident committed by the sedan to the officer and the security, they continued to attack them. The video recording is available on You Tube for one minute.
This case falls within the scope and jurisdiction Article 170, paragraph 1 of the Indonesian Criminal Code, which states:
“Persons who with united forces openly commit violence against persons or property, shall be punished by a maximum imprisonment of five years and six months.”
Further, the perpetrators also violate Law Number 39 of 1999 on Human Rights, in particular Article 33, paragraph 1, stating that “Everyone has the right to freedom from torture, or cruel, inhuman and degrading punishment or treatment.” In addition, the law enforcement agency should also apply Law Number 35 of 2014 concerning Child Protection, as the teenagers are under age according to the law.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that an investigation is promptly conducted in this case, in a transparent and accountable manner. The perpetrators must be punished according to law, and the victims granted 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 : Three teenagers wrongly accused of theft and brutally attacked by military and housing security
Name of victims : Iksan Ansari (17), Sulaiman (19) and Afdal (18)
Names of alleged perpetrators : Military, housing securities and local residents
Date of incident : 16 April 2017
Place of incident : Housing residence of Mavle Tanjung, Bunga Makassar,
South Sulawesi Province
I am writing to voice my deep concern regarding the attack committed by a military officer and housing security against three teenagers. They were accused of theft without any evidence or investigation, and immediately attacked, causing them to be hospitalized with serious injuries. Until present no prosecution has been initiated, while the military is conducting an investigation through its ethics mechanism, which holds no criminal punishment.
On 16 April 2017, three teenagers, Iksan Ansari (17), Sulaiman (19) and Afdal (18) chased a sedan, which allegedly committed a hit and run accident, until the driver reached a residential housing society in Maple, Metro Tanjung Bunga street, South Sulawesi province. When the three teenagers reached the sedan, they asked the driver to get out from the car. At the same time, a military officer was walking on the street. The officer suddenly called out ‘thieves’ to the three teenagers, and then without any further inquiry, he attacked the three teenagers with a water hose, together with the housing society security and residents. As a result, the three teenagers were seriously injured and hospitalized.
Despite the three teenagers trying to explain the hit and run accident committed by the sedan to the officer and the security, they continued to attack them. The video recording is available on You Tube for one minute.
This case falls within the scope and jurisdiction Article 170, paragraph 1 of the Indonesian Criminal Code, which states:
“Persons who with united forces openly commit violence against persons or property, shall be punished by a maximum imprisonment of five years and six months.”
Further, the perpetrators also violate Law Number 39 of 1999 on Human Rights, in particular Article 33, paragraph 1, stating that “Everyone has the right to freedom from torture, or cruel, inhuman and degrading punishment or treatment.” In addition, the law enforcement agency should also apply Law Number 35 of 2014 concerning Child Protection, as the teenagers are under age according to the law.
Therefore, I respectfully request you to ensure that an investigation is promptly conducted in this case, in a transparent and accountable manner. The perpetrators must be punished according to law, and the victims granted 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. General Gatot Nurmantyo
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
10. Mr. MahfudzSiddiq
Chairperson of the Commission one of the House of Representative [DPR]
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Tel : +62 21 5715.520, +62 21 5715.518 / 581
Fax : +62 21 5715. 328 / +62 21 571 5687
Email : bag_pengaduan@dpr.go.id
11. 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)
