Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding a torture death conducted by police officers in the North Central Timor regency (TTU), East Nusa Tenggara province. Mr. Marianus Oki was illegally arrested, detained and tortured to death in police custody. An investigation has been conducted with no significant progress. Marinus was killed due to excessive police force. They wanted his confession that he committed the criminal offense of rape. Without sufficient evidence, Marianus was named as a suspect by the police and detained without due process of law.
CASE NARRATIVE:
On Thursday 3 December 2015, at 03.30 pm, three police officers came to the home of Marianus Oki, but did not meet with him. At 4.00 pm, these same officers accompanied by the village head went to the home of Mr. Yohanes Oki, Marianus’s brother and there they met with Marianus.
Marianus was arrested. Before he was taken away, the family had clarified the situation with the police. However, the police failed to give any explanation and were not able to show an arrest warrant. The police detained Marianus in Banat Manamas police post (Pospol Banat Manamas).
At 09.00 am the next day, the family, accompanied by the local indigenous leader came to the police office to clarify the arrest. The police posited that Marianus was arrested due to committing the criminal offense of rape that was reported to the police. The only evidence was a slipper allegedly belonging to Marianus.
While in custody, the police forcibly ordered Marianus to put on the slipper even though he told the investigator that the slipper did not belong to him. The investigator insisted that he wear the slipper. But the slipper did not fit Marinus’s feet
Considering the lack of evidence, the police investigators requested the village head, who participated in the arrest, to solve the case peacefully and cancel the report. Their suggestion was rejected.
Police warned and intimidated the victim’s family. If both parties refused to solve the case peacefully, Marianus will be detained in the Nunpene police sector (Polsek Nunpene) for further investigation (higher police institution of Banat Manamas post police). The family requested the police to release Marinus because he will be examined the next day. The police rejected the request.
At 10.00 pm, Marinus’ elder brother came to the Banat Manas police post with food for his brother. He was not allowed to give it to him. Also on December 4, 2015, at 7.00 am, one of the police officers came to the Marinus’ family home. He attempted to force the family to accept the peace proposal.
At 4.00 pm, the family came to the Banat Manas police post. When they arrived they were told that Marinus was dead. According to police, Marinus hanged himself while in police custody
Marinus’s family requested Kefamanu hospital to perform an autopsy on Marinus’s body. The hospital found serious injuries on his body- a cut in the neck, and bleeding in the back of the head.
ADDITIONAL INFORMATION:
In the past five years, the police are the institution that most frequently committed torture. The majority of the cases occurred during the police investigation and in police custody. Internal police mechanisms have shown a lack of accountability, resulting in impunity and light punishments. Many cases of torture remain covered up. Perpetrators have never been brought before the courts. Victims and their families have not received any compensation.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure a comprehensive investigation is undertaken to prosecute the police officers involved in the torture and death of Marinus Oki. The government has to ensure that the family of the victim receives adequate compensation. The investigation needs to be conducted in line with the standard of fair trial and due process of law.
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 in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Investigation remains unclear as criminal suspect is tortured to death by police while in custody
Name of victim : Marianus Oki
Names of alleged perpetrators: police officers of Banat Manamas police post (Pospol Banat Manamas)
Date of incident : Thursday 3 December 2015
Place of incident : Banat Manamas police post (Pospol Banat Manamas), in the North Central Timor regency (TTU), East Nusa Tenggara province
I am writing to voice my deep concern regarding a torture death conducted by police officers in the North Central Timor regency (TTU), East Nusa Tenggara province. Mr. Marianus Oki was illegally arrested, detained and tortured to death in police custody. An investigation has been conducted with no significant progress. Marinus was killed due to excessive police force. They wanted his confession that he committed the criminal offense of rape. Without sufficient evidence, Marianus was named as a suspect by the police and detained without due process of law.
On Thursday 3 December 2015, at 03.30 pm, three police officers came to the home of Marianus Oki, but did not meet with him. At 4.00 pm, these same officers accompanied by the village head went to the home of Mr. Yohanes Oki, Marianus’s brother and there they met with Marianus.
Marianus was arrested. Before he was taken away, the family had clarified the situation with the police. However, the police failed to give any explanation and were not able to show an arrest warrant. The police detained Marianus in Banat Manamas police post (Pospol Banat Manamas).
At 09.00 am the next day, the family, accompanied by the local indigenous leader came to the police office to clarify the arrest. The police posited that Marianus was arrested due to committing the criminal offense of rape that was reported to the police. The only evidence was a slipper allegedly belonging to Marianus.
While in custody, the police forcibly ordered Marianus to put on the slipper even though he told the investigator that the slipper did not belong to him. The investigator insisted that he wear the slipper. But the slipper did not fit Marinus’s feet
Considering the lack of evidence, the police investigators requested the village head, who participated in the arrest, to solve the case peacefully and cancel the report. Their suggestion was rejected.
Police warned and intimidated the victim’s family. If both parties refused to solve the case peacefully, Marianus will be detained in the Nunpene police sector (Polsek Nunpene) for further investigation (higher police institution of Banat Manamas post police). The family requested the police to release Marinus because he will be examined the next day. The police rejected the request.
At 10.00 pm, Marinus’ elder brother came to the Banat Manas police post with food for his brother. He was not allowed to give it to him. Also on December 4, 2015, at 7.00 am, one of the police officers came to the Marinus’ family home. He attempted to force the family to accept the peace proposal.
At 4.00 pm, the family came to the Banat Manas police post. When they arrived they were told that Marinus was dead. According to police, Marinus hanged himself while in police custody
Marinus’s family requested Kefamanu hospital to perform an autopsy on Marinus’s body. The hospital found serious injuries on his body- a cut in the neck, and bleeding in the back of the head.
Therefore, I respectfully request you to ensure that a comprehensive investigation is undertaken to prosecute the police officers involved in the torture and death of Marinus Oki. In addition, the government has the duty of care to ensure that the victim’s family receives adequate compensation in due time. The investigation must be conducted in line with the standard of a fair trial and due process of law.
Since 2002 the police reform program has been operating, but has yet to show any significant progress. It needs a comprehensive evaluation.
I look forward to your prompt action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. JokoWidodo
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 Badroedin Haiti
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. Mr. Luhut Binsar Panjaitan
Chairperson 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. AzisSyamsuddin, 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 HarisSemendawai
Chair person 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)
