Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the arrest, detention, and torture of a man charged for cannabis possession. The arrest of Dany Lastino was conducted by two police officers, following an unverified report submitted over the phone by an unidentified caller. The arrest and torture has taken place just two weeks after the victim’s wedding.
CASE NARRATIVE:
According to Romy Leo Rinaldo, a lawyer of Jakarta Legal Aid Institute (LBH Jakarta), Dany Lastino was arrested on 5 February 2014, at around 5 a.m. He was arrested at the house of his parents-in-law, at Gang Sakti, Kedaung, Tangerang, as he was about to leave for work. Dany works as an office boy at the Ministry of Law and Human Rights office in Kuningan, Jakarta.
(Picture: Dany Lastino, arrested & tortured two weeks after his wedding. Courtesy, LBH Jakarta)
As Dany was stepping out of the house, a police officer named Kusworo grabbed him. The officer covered Dany’s mouth with his right hand; in his other hand, the officer held a gun. Another police officer, Sarmin Juli, searched Dany’s backpack. But, as the bag was on his back, Dany could not see what the officer was doing vis-à-vis the bag. Sarmin Juli later claimed that he found two cannabis cigarettes in a cigarette packet inside Dany’s backpack. The event was witnessed by at least two people living in the same area of the house. Dany has insisted that neither the cannabis nor the cigarette packet belong to him.
Both Sarmin Juli and Kusworo are officers attached to Pamulang Sub-District Police. They were wearing civilian clothes and failed to produce a warrant when arresting Dany.
Dany was later brought to Pamulang Sub-District Police Station, where he was beaten prior to interrogation. He was beaten by a man with tattoos named Ucok, who is a cepu (an Indonesian slang for police ‘informant’). The beatings took place on the first floor of the police station. Dany was allegedly beaten on his head. He reeled with pain in his ears, as a result of the beatings.
Dany was then taken to the second floor of the police station, where he was interrogated. Dany insisted that the cannabis cigarettes were not his. This statement resulted in Dany being punched in the forehead by the Head of Pamulang Sub-District Police Drug Unit, Bambang. Ucok was also present during the interrogation. This intimidated Dany further. He could not bear the duress to which he was subjected. Dany buckled under the violent tactics and signed the interrogation transcript, which states that Dany had bought the cannabis cigarettes from a person named Dika, for IDR 50,000 (approximately $5 USD).
Dany was not given immediate medical treatment following his torture by the police. He was given medical treatment only over a month later when he was detained at Jambe Tangerang Detention Facility in Tigaraksa.
The reason for Dany’s arrest was a tip-off. Kusworo received two phone calls earlier that day from a ‘local resident’ reporting the possession of cannabis by a person living in Gang Sakti. Kusworo further reported this to Sarmin Juli, who decided that they should meet with this ‘local resident’ in person. Both Kusworo and Sarmin Juli later met the informant, who showed them the house where Dany was staying. The identity of the ‘local resident’ is unknown.
The criminal trial against Dany is about to be concluded. He is being charged with Article 111 (1) of Law No. 35 year 2009 on Narcotics.
ADDITIONAL INFORMATION:
Indonesia is notorious for its harsh law on narcotics. Several drug crimes are punishable by death under the Law No. 35 year 2009 on Narcotics, putting Indonesia in the list of countries excessively harsh to drug crimes perpetrators, such as Vietnam, Iran, and Singapore.
In addition to being harsh, the Indonesian narcotics law is unjust and provides space for arbitrariness. Articles 111 and 112 of the law criminalise the possession of various types of drugs, without requiring the accused to know that they posses the drugs. This means somebody can be put in jail between four to twenty years under the law for unintentionally possessing drugs.
The police, in order to frame innocent individuals, often use the broad, stringent, and arbitrary provisions of the law. In such cases, the police usually plant drugs on a person before they arrest him or her. As the case is fabricated, the police need to back up the fabricated evidence, and this is where torture comes handy. As in Dany’s case, the police use torture to force an innocent person to confess that he or she was indeed in possession of the planted drugs.
Indonesia has been a state party to the UN Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment since 1998, yet there is no law criminalising ‘torture’ as defined in Article 1 of the Convention.
SUGGESTED ACTION:
Please write to the relevant authorities below, demanding that they ensure investigation of the alleged torture against Dany. The police officers responsible for torturing and framing Dany should be both criminally and administratively punished. Please also urge them to ensure that the ongoing criminal trial is conducted in a fair manner and in accordance with human rights principles. Additionally, please ask the relevant authorities in Indonesia to review the current narcotics law – particularly Articles 111 and 112 – so that they include the knowledge element, which will help minimise the risk of fabrication of charges and torture.
The AHRC is writing separately to the UN Special Rapporteur on Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment as well as the UN Working Group on Arbitrary Detention, asking for their intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Newlywed Tortured Following Fabricated Charge of Cannabis Possession
Name of victim: Dany Lastino
Names of alleged perpetrators: Kusworo and Sarmin Juli (officers of Pamulang Sub-District Police); Bambang (Head of Pamulang Sub-District Police Drug Unit); Ucok (police informant)
Date of incident: 5 February 2014
Place of incident: Tangerang, Banten, INDONESIA
I am writing to voice my deep concern regarding the arrest, torture, and fabrication of charges against Dany Lastino, an office boy working for the Indonesian Ministry of Law and Human Rights. According to his lawyer, Romy Leo Rinaldo, of Jakarta Legal Aid Institute (LBH Jakarta), Romy was arrested on the early morning of 5 February 2014, at his in laws’ house in Gang Sakti, Kedaung, Tangerang.
Dany was grabbed by a police officer, Kusworo, as he stepped out of the house. Kusworo covered Dany’s mouth with his right hand; the officer’s other hand held a gun. Meanwhile, another police officer, Sarmin Juli, searched Dany’s backpack. Dany could not see what Sarmin Juli did to his bag – as the bag was on his back – but the officer later claimed that he found two cannabis cigarettes inside the bag. Dany has insisted that neither the cannabis nor the cigarette packet belong to him.
Dany was later taken to Pamulang Sub-District Police Station. Kusworo and Sarmin Juli are attached to this station. At the first floor of the station, a tattooed man named Ucok, who is a police informant, beat Dany. Allegedly beaten on his head, Dany felt intense pain in his ears. Following the torture, Dany was taken to the second floor of the police station where he was ‘interrogated’. Dany insisted he had nothing to do with the cannabis cigarettes. But the Head of Pamulang Sub-District Police drug unit, Bambang, punched Dany on the head for refusing to confess. Ucok was also present during the ‘interrogation’, to further intimidate Dany.
Unable to bear the torture any longer, Dany agreed to sign an interrogation transcript, which states that the cannabis cigarettes were indeed found in his bag. The transcript also narrates a concocted story that Dany bought the cannabis from a person named Dika for IDR 50,000 (around USD $5).
It is likely that the allegation against Dany has been fabricated. I have been informed that there is no evidence that indicates, and no witnesses who can corroborate that the cannabis cigarettes were indeed in Dany’s possession. Kusworo and Sarmin Juli arrested Dany after they received two phone calls from a ‘concerned local resident’ who reported on Dany for alleged cannabis possession. Dany is currently on trial, charged for drug possession under Article 111 (1) of the Law No. 35 Year 2009 on Narcotics.
I am deeply concerned about the common practice of framing innocent individuals for drug possession in Indonesia. This is possible primarily due to the unjust provisions under the narcotics law, particularly Articles 111 and 112, which criminalise the possession of certain drugs without requiring that the accused be aware about possessing the same. This allows the police to arrest an innocent person after planting drugs amongst the victim’s possessions. It also indirectly encourages the practice of torture, as the absence of conclusive evidence in fabricated cases creates the need for confessions, which the police obtain by torturing those framed.
I am aware that Indonesia is a state party to the UN Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment. Yet, I am concerned that after 16 years of the country’s ratification to the convention, torture remains widespread and is not yet criminalised in Indonesia. I have received various reports from the Asian Human Rights Commission, as well as other organisations, concerning the impunity enjoyed by perpetrators of torture in Indonesia.
As a result, I am urging you to take all possible measures to ensure that the allegation of torture inflicted on Dany is effectively and impartially investigated. The police officers responsible for the fabrication of charges and torture should be criminally and administratively punished. The punishment imposed on them should be proportionate and reflect the gravity of the abuse they have committed. I am demanding you to also ensure that the ongoing trial against Danny is held in a fair manner and in accordance with human rights principles. Additionally, I am calling on you urge the relevant authorities in Indonesia to review and revise the current narcotics law – particularly Articles 111 and 112 – so that the provisions include the knowledge element, in order to limit the possibility of fabrication of charges and torture by the police.
I look forward to your swift and positive action in this matter.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
2. Ms. Harkristuti Harkrisnowo
General Director of 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. Gen. Sutarman
Chief of the Indonesian National Police
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
4. Mr. Djoko Suyanto
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
5. Mr. M. Zulkarnaen
Chief of Banten Regional Police
Jl. Syeh Nawawi Al Bantani No. 76
Serang, Banten
INDONESIA
Tel: +62 254 227 467, 228 454
6. Mr. Gusrizal, SH. M.Hum
Head of Tangerang District Court
Jl. Taman Makam Pahlawan No. 7
Tangerang, Banten
INDONESIA
Tel: +62 21 524 157
Fax: +62 21 524 158
E-mail: pn.tangerang@gmail.com
7. Mr. Hafid Abbas
Chairperson of the 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)
