Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest and torture of 19 people allegedly involved in motorcycle robberies. The brutal behaviour of the Serpong police officers resulted in the custodial death of five suspects. According to the police however, their deaths were the result of self defense by the arresting police officers, who the suspects attacked. Based upon information received by the AHRC and according to the other suspects, there was no fighting when the police arrested the 19 people; on the contrary, the police conducted violence, illegal arrest and torture of the five persons when they were detained in police custody.
CASE NARRATIVE:
On 1 February 2015, police officers of Serpong Police Sector (Polsek Serpong), Banten province, arrested 19 alleged motorcycle thieves known as ‘Begal’, (violent robbers brutally assaulting motorcyclists leading to severe injuries and death) without arrest warrants. They were arrested from their rental homes in Bogor city, West Java Province, Serpong Tangerang, Banten Province and Depok city, West Java Province, and subsequently detained in the custody of the Melati Mas Police office (Pos Polisi Melati Mas). There, the police did not officially question or take the testimony of the 19 suspects. Rather, they were kicked and beaten and forced to acknowledge that they stole the motorcycles. They were also forced to sign an unknown document without any explanation, and there were no lawyers to provide any legal assistance.
After being detained and tortured for four days in Pos Polisi Melati Mas, 14 accused were released, whereas five others remained in police custody and continued to be tortured. The five accused who were eventually tortured to death are Mr. Abdul Wahab, Mr. Ibrahim, Mr. Ahmad Safei, Mr. Ali Husin and Mr. Ali Iro. According to the other suspects who witnessed the torture, the five suspects were kicked, beaten and shot to death. One of the victims, Ahmad Safei, was shot in the chest.
On February 6, when the family members of the five accused came to Polsek Serpong to enquire as to their whereabouts, the police officers stated that the five suspects had escaped from police custody.
Subsequently, according to one of the accused’s family members, on February 8 they received a call from an unknown number, and were told to come to Tangerang Disctrict Hospital, Banten province. There, they found all five suspects dead, and were told by hospital staff that they had died due to shooting wounds.
Furthermore, field investigation conducted by the Commission for Disappeared and Victims of Violence (KontraS), a prominent national human rights NGO in Indonesia, found 17 bullet holes in the plasterboard of the rental house in Serpong. KontraS concluded that the police used excessive force.
ADDITIONAL INFORMATION:
In the past two years, motorcycle thefts or Begal (violent robbers brutally assaulting motorcyclists leading to severe injuries and death) have widely occurred in many big cities of Indonesia, especially Jakarta, the chaotic capital city.
The Indonesian Police (POLRI) has been pushing to eradicate Begal, and the police therefore established a special Anti-Begal unit some months ago. Nonetheless, in this case the police did not effectively investigate whether or not the 19 accused were Begal, and instead used excessive force to illegally arrest, torture and shoot five of them.
The Chief of National Police Regulation (PERKAP) No 8 of 2009 on the Implementation of Principle and Human rights Standards in the Discharge of Duties is unfortunately not effectively applied. In fact, the AHRC has documented that it is the police, in the last four years, who most frequently abuse their power, commit torture and other human rights violations.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the police officers responsible for the illegal arrest and torture of the five suspected motorcycle thieves are held accountable. The police and Komnas HAM must conduct independent investigations to ascertain the involvement of police officers, including the command responsibility of the commander. The prosecution against the perpetrators must seriously take into account the torture committed. Furthermore the victims and their families must be given adequate relief and compensation.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Police officers illegally arrest, torture and shoot suspects of motorcycle thefts
Name of victims: Mr. Abdul Wahab, Mr. Ibrahim, Mr. Ahmad Safei, Mr. Ali Husin, and Mr. Ali Iro and 14 other suspects
Alleged perpetrators: Police officers of Melati police office (Pos Polisi Melati) and Serpong police sector (Polsek Serpong)
Date of incident: 1 February 2015
Place of incident: Melati Police office (Pos Polisi Melati)
I am writing to voice my deep concern regarding the arbitrary arrest and torture of 19 people allegedly involved in motorcycle robberies. The brutal behaviour of the Serpong police officers resulted in the custodial death of five suspects.
On 1 February 2015, police officers of Serpong Police Sector (Polsek Serpong), Banten province, arrested 19 alleged motorcycle thieves known as ‘Begal’, (violent robbers brutally assaulting motorcyclists leading to severe injuries and death) without arrest warrants. They were arrested from their rental homes in Bogor city, West Java Province, Serpong Tangerang, Banten Province and Depok city, West Java Province, and subsequently detained in the custody of the Melati Mas Police office (Pos Polisi Melati Mas). There, the police did not officially question or take the testimony of the 19 suspects. Rather, they were kicked and beaten and forced to acknowledge that they stole the motorcycles. They were also forced to sign an unknown document without any explanation, and there were no lawyers to provide any legal assistance.
After being detained and tortured for four days in Pos Polisi Melati Mas, 14 accused were released, whereas five others remained in police custody and continued to be tortured. The five accused who were eventually tortured to death are Mr. Abdul Wahab, Mr. Ibrahim, Mr. Ahmad Safei, Mr. Ali Husin and Mr. Ali Iro. According to the other suspects who witnessed the torture, the five suspects were kicked, beaten and shot to death. One of the victims, Ahmad Safei, was shot in the chest.
On February 6, when the family members of the five accused came to Polsek Serpong to enquire as to their whereabouts, the police officers stated that the five suspects had escaped from police custody.
Subsequently, according to one of the accused’s family members, on February 8 they received a call from an unknown number, and were told to come to Tangerang Disctrict Hospital, Banten province. There, they found all five suspects dead, and were told by hospital staff that they had died due to shooting wounds.
Furthermore, field investigation conducted by the Commission for Disappeared and Victims of Violence (KontraS), a prominent national human rights NGO in Indonesia, found 17 bullet holes in the plasterboard of the rental house in Serpong. KontraS concluded that the police used excessive force.
The government must ensure that all police officers involved in the torture and murder of the five accused are held accountable for their actions. The police and Komnas HAM must conduct independent investigations to ascertain the involvement of police officers, including the command responsibility of the commander. Furthermore, the prosecution against the perpetrators must seriously take into account the torture committed. The victims and their families must be given adequate relief and compensation.
The National Police Commission (Kompolnas) should strictly monitor the implementation of the Police Regulation on human rights accountability, and should ensure that officers are more professional in conducting law enforcement. The Begal can only be eradicated through rule of law processes, avoiding any excessive use of force.
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; and
Ministry 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. Mr. Danang Girindrawardana
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav.
C-19 Kuningan (Gedung Pengadilan TIPIKOR)
Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
5. General Badroedin Haiti
Deputy National Police Chief
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
6. Inspector General Tito Karnavian
The chief of the Jakarta Metropolitan Police Command
Kapolda Metro Jaya
Jalan Jenderal Sudirman Kav.
55, Jakarta Selatan, DKI Jakarta 12190,
INDONESIA
Tel: +62 21 5234000
Fax: +62 21 5709250
Email: bidhumas@metro.polri.go.id, humas.pmj@gmail.com
7. Mr. Tedjo Edhy Purdijatno
Chairperson of National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
8. Mr. Nur Kholis
Chairperson
National Human Rights Commission
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)
