Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arbitrary arrest, detention and torture of Fiki Arfindo (13), by police officers of the Widang Police Sector (Polsek Widang), Tuban Regency, East Java Province, Indonesia. The police arrested Arfindo without any arrest warrant, and without proper investigation forced him to confess to stealing a motorcycle belonging to his neighbor, Mr. Husen. Although the victim was injured and suffered from trauma from the police torture, the police stated that they did not torture Arfindo.
CASE NARRATIVE:
On 14 June 2015 at around 2 p.m., Afrindo’s neighbor Mr. Husen filed a report to the Widang police that his motorcycle was stolen by Arfindo. The police then arrested Arfindo without any arrest warrant.
He was arrested in front of his brother’s clothes shop, where the police slapped his left cheek and brought him to the Widang Police Station. In custody, Arfindo was stripped naked, kicked, and beaten. The officers also threatened him by using a gun. In this manner he was forced to confess that he had stolen a motorbike belonging to Mr. Husen.
Subsequently, when his family visited the Police Station, they found that Arfindo was injured around his face, and hence filed a report to the Tuban Police Resort (Polres Tuban), with registration number: STPL/125/VI/2015/Reskrim, 18 June 2015.
In response to the report, without proper investigation and clarification, the Chief of the Tuban Police Resort, Police Adjunct Senior Commissioner (AKBP) Guruh Darmawan, made an official statement that there was no torture against Fiki Arfindo. AKBP Guruh also stated during the press conference that Arfindo was accompanied by the local village head (kepala desa) during the examination process at the Widang Police Station.
The report from a local hospital by Dr. R. Koesma, Tuban Regency, however, confirmed that Arfindo was injured under his left eye (3 x 1 cm) and under his right eye (0.5 x 0.5 cm). Arfindo’s family also clarified that he had never been accompanied during the interrogation at the Widang Police Station, rather, the village head just came to pick Arfindo up.
ADDITIONAL INFORMATION:
Though Indonesia is a state party to the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and has enacted Law No. 5 of 1998, torture still occurs frequently and widely in the country. The AHRC has documented that the victims of torture in Indonesia come from various backgrounds, but mostly represent poor people, indigenous people, and also underage children. For instance, the AHRC has recently documented torture conducted by police officers of Samarinda Municipality Police against 16-year-old Ramadhan Suhuddin (for further information please read AHRC-UAC-065-2015).
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the police officers of Widang Police Sector are held accountable for their actions. The Chief of National Police, the National Police Commission (Kompolnas), and the National Commission on Human Rights (Komnas HAM) should all play their roles and ensure that the investigation conducted is in line with the due process of law. Lastly, the Chief of National Police should ensure that the victim receives adequate remedies and medical treatment.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Police illegally arrest, detain and torture 13-year-old boy
Name of victim: Fiki Arfindo (13)
Alleged perpetrators: Police officers of Widang Police Sector (Polsek Widang), Tuban Regency, East Java Province, Indonesia
Date of incident: 14 June 2015
Place of incident: Police custody of Widang Police Sector
I am writing to voice my deep concern regarding the arbitrary arrest, detention and torture of Fiki Arfindo (13), by police officers of the Widang Police Sector (Polsek Widang), Tuban Regency, East Java Province, Indonesia. The police arrested Arfindo without any arrest warrant, and without proper investigation forced him to confess to stealing a motorcycle belonging to his neighbor, Mr. Husen. Although the victim was injured and suffered from trauma from the police torture, the police stated that they did not torture Arfindo.
On 14 June 2015 at around 2 p.m., Afrindo’s neighbor Mr. Husen filed a report to the Widang police that his motorcycle was stolen by Arfindo. The police then arrested Arfindo without any arrest warrant.
He was arrested in front of his brother’s clothes shop, where the police slapped his left cheek and brought him to the Widang Police Station. In custody, Arfindo was stripped naked, kicked, and beaten. The officers also threatened him by using a gun. In this manner he was forced to confess that he had stolen a motorbike belonging to Mr. Husen.
Subsequently, when his family visited the Police Station, they found that Arfindo was injured around his face, and hence filed a report to the Tuban Police Resort (Polres Tuban), with registration number: STPL/125/VI/2015/Reskrim, 18 June 2015.
In response to the report, without proper investigation and clarification, the Chief of the Tuban Police Resort, Police Adjunct Senior Commissioner (AKBP) Guruh Darmawan, made an official statement that there was no torture against Fiki Arfindo. AKBP Guruh also stated during the press conference that Arfindo was accompanied by the local village head (kepala desa) during the examination process at the Widang Police Station.
The report from a local hospital by Dr. R. Koesma, Tuban Regency, however, confirmed that Arfindo was injured under his left eye (3 x 1 cm) and under his right eye (0.5 x 0.5 cm). Arfindo’s family also clarified that he had never been accompanied during the interrogation at the Widang Police Station, rather, the village head just came to pick Arfindo up.
The Chief of National police, the National Police Commission (Kompolnas), and the National Commission on Human Rights (Komnas HAM) should all play their roles and ensure that the investigation conducted is in line with the due process of law.
Lastly, the Chief of National Police should ensure that the victim receives adequate remedies and medical treatment.
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 for Law and Human Rights
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
Chief of National Police
KAPOLRI
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. Police Inspector General Anas Yusuf
The Chief Police of East Java Province Police Area
Kapolda Jawa Timur
Jalan Ahmad Yani 116 Kota Surabaya, Jawa Timur
INDONESIA
Fax : +62 31 8290058 / +62 31 829 0333
7. Mr. Tedjo Edhy Purdijatno
Chairperson
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)
