Dear friends,
The Asian Human Rights Commission (AHRC) has received information from The Commission for “The Disappeared” and Victims of Violence (KontraS) regarding the torture of six young men accused of being involved in a murder case. It is reported that officers from Jakarta Metropolitan police have subjected them to threats, beatings and electric shocks in order to obtain confessions. Five of the six tortured victims are reported to be under 18.
CASE NARRATIVE:
KontraS reported that on 30 June 2013, a group of minors and young adults were taken to Cipulir Sub-District Police Station in South Jakarta after reporting the death of a stranger named Dicky to the local security officer. The group, consisting of 12 people, encountered Dicky at around 8 am as they were gathering under a bridge in Cipulir. They found that Dicky was injured and bleeding and provided him with food and water. However, Dicky later passed away due to the seriousness of his injuries. Prior to his death, Dicky briefly explained that his motorcycle had been robbed and that he had been assaulted.
The local security officer reported the incident to Cipulir Sub-District Police which later sent several police officers to the crime scene. Numbers and names of the officers were yet to be confirmed but it was reported that one of them ordered two of the minors and young adults to take pictures of Dicky’s body using the officer’s mobile phone. The police asked all the members of the group to come to the police station for their statements to be taken as witnesses.
After being held for several hours in Cipulir Sub-District Police, all members of the group were taken to Jakarta Metropolitan Police Station where they were questioned. Amongst the twelve, the police arrested and named six of them as suspects. They are Andro (18), AP (13), Nurdin (also known as Bengez, 23), BF (16), FP (16) and F (14). According to the arrest warrant, the names of the police officers who were appointed to be in charge for the case are as follows:
1. Police Adjunct Senior Commissioner Herry Heryawan, Sik, MH
2. Police Commissioner Antonius. A.R, Sik, M.Si
3. Police Adjunct Commissioner Gunardi
4. Police Adjunct Commissioner Jarono
5. First Police Inspector DH.Nughroho
6. First Police Inspector Agus Wiyono
7. First Police Adjunct Inspector Dominggus M.
8. First Police Adjunct Inspector Suhartono
9. First Police Adjunct Inspector H.Siregar
10. Second Police Adjunct Inspector Irul Chaerudin
11. Chief Police Brigadier Indra Hernawan
12. Chief Police Brigadier Joko Saputro
13. Chief Police Brigadier Rasma
It was reported that during the interrogation of the six suspects, the police repeatedly forced them to confess to be the murderers of Dicky while subjected them to beatings, electric shocks and threats. Two witnesses mentioned that they heard the sound of electric shocks and Andro groaning, while they were being questioned in another room. A member of the group who was not declared as a suspect reported that Andro, AP and FP were taken to the crime scene in the night of the same day. The same person witnessed that the police officers covered FP’s head with a plastic bag and tied a string around his neck.
ADDITIONAL INFORMATION:
The AHRC has received a number of complaints on torture and ill-treatment perpetrated by the police mostly to criminal suspects. It reported, for instance, that a man in Surabaya was tortured, charged with a fabricated case and left without having his right to reparation fulfilled even though the Supreme Court has acquitted him. Earlier this year, the case of Ruben and his son who were subjected to torture and sentenced to death penalty based on fabricated charges was widely discussed in the media.
Indonesia has been a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment since 1998. The 1945 Constitution also guarantees the rights of any individual not to be tortured and the Chief of the Indonesian National Police has enacted Regulation No. 8 year 2009 which includes one provision prohibiting the use of torture. The Regulation is an internal rule whose violations will only lead to disciplinary sanction. As of today, the country’s legal system is yet to criminalise torture to the point that the rare cases of prosecution of the perpetrators taken place so far, had to be carried out on the basis of general criminal provisions such as those regarding assaults.
For further discussion on remedies for torture victims in Indonesia, please see AHRC’s Special Report ‘A facade of justice for torture victims in Indonesia’.
SUGGESTED ACTION:
Please write a letter to the authorities demanding an effective and impartial investigation on the arbitrary arrest and torture in order to ensure an adequate criminal punishment for the perpetrators. The torture victims together with the witnesses of such a wrongdoing need to be protected by the relevant authorities in order to be prevented them from any further reprisals from the perpetrators.
The AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment seeking for his intervention on this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Jakarta police apply beatings and electric shocks to obtain confession from teenagers and a young adult
Names of victims: Andro (18), AP (13), Nurdin (23), BF (16), FP (16) and F (14)
Names of alleged perpetrators:
1. Police Adjunct Senior Commissioner Herry Heryawan, Sik, MH
2. Police Commissioner Antonius. A.R, Sik, M.Si
3. Police Adjunct Commissioner Gunardi
4. Police Adjunct Commissioner Jarono
5. First Police Inspector DH.Nughroho
6. First Police Inspector Agus Wiyono
7. First Police Adjunct Inspector Dominggus .M.
8. First Police Adjunct Inspector Suhartono
9. First Police Adjunct Inspector H.Siregar
10. Second Police Adjunct Inspector Irul Chaerudin
11. Chief Police Brigadier Indra Hernawan
12. Chief Police Brigadier Joko Saputro
13. Chief Police Brigadier Rasma
Date of incident: 30 June 2013
Place of incident: South Jakarta
I am writing to voice my deep concern regarding the torture of six young men by police officers from Jakarta Metropolitan Police. According to the information I have received from KontraS, Andro (18), AP (13), Nurdin (23), BF (16), FP (16) and F (14) were subjected to beatings, electric shocks and ill-treatment on 30 June 2013 during the interrogation related to a murder case.
We have been informed that in the morning of that day, the six arrestees and their six other friends accidentally encountered a man who was heavily bleeding and injured. The group of teenagers and young adult provided him with food and water but the man eventually passed away due to the serious injury he was suffering from. They later reported the incident to the local authority that police officers from Cipulir Sub-District Police came to the crime scene. They were asked to go to the police station for their statement to be taken as witnesses but six of them were named suspects by Jakarta Metropolitan Police.
During the interrogation, the six criminal suspects were beaten up and subjected to electric shocks, forcing them to confess as the murderers of the man they met under the bridge. Two witnesses mentioned that they heard the sound of electric shocks as well as Andro groaning, while they were being questioned in a separate room. It was reported that later on that night the police also took Andro, AP and FP to the crime scene where the police officers further physically assaulted them. FP’s head was covered by a plastic bag and his neck was tied with a string, whereas Andro was subjected repeatedly to beatings and kicking.
I am concerned that torture remains a widely practised abuse throughout Indonesia, particularly by the police towards the criminal suspects. I am aware of a number of other torture cases where the victims are left without reparation whereas the perpetrators are not punished. For instance, Syamsul Arifin in Surabaya, was tortured, arrested and detained on fabricated charges without being provided reparation afterwards even though the Supreme Court had acquitted him. Earlier this year, I also received information regarding the torture of Ruben, a 72 year old man, along with his son: both were tried on fabricated charges and sentenced to death penalty.
I deplore the fact that torture complaints in Indonesia are highly unlikely to be seriously investigated, despite the fact that the country has ratified the UN Convention against Torture, Inhuman or Degrading Treatment or Punishment and that the 1945 Constitution guarantees the right of everyone not to be tortured. I am aware that the Chief of the Indonesian National Police has issued Regulation No. 8 Year 2009 which includes one provision requiring that any police officers must refrain from the practice of torture.
Given the above, I am calling you to ensure that the safety of Andro, AP, Nurdin, BF, FP and F is guaranteed. As the abuses which they have experienced are now being exposed, the risks that they can face further reprisals are extremely high. I am also calling you to ensure that an independent and effective investigation on the torture allegation is immediately carried out and that the individuals responsible for such abuse are criminally and adequately punished, in accordance with the law. All the victims should be granted with proportionate reparation and the expenses for their medical treatment should be borne by the state.
I look forward for your positive and adequate responses 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
E-mail: webmaster@setneg.go.id
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. Timur Pradopo
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. Drs. Putut Eko Bayuseno
Chief of Jakarta Metropolitan Police
Jl. Jendral Sudirman No.55
Jakarta 12190
INDONESIA
Tel: +62 21 523 4302, 523 4240
Fax. +62 21 523 4070
reskrimum@metro.polri.go.id
5. Mr. Abdul Haris Semendawai
Chairperson of Witnesses and Victims Protection Agency
Gedung Proklamasi
Jl. Proklamasi No. 56
Jakarta Pusat 10320
INDONESIA
Tel: +62 21 3190 7021
Fax: +62 21 3192 7881
E-mail: lpsk_ri@lpsk.go.id
6. Ms. Siti Nur Laila
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
7. Dra. Hj. Badriyah Fayumi
Chairperson of National Commission on Child Protection
Jl. Teuku Umar No. 10
Gondangdia Menteng
Jakarta Pusat
INDONESIA
Tel: +62 21 3190 1556
Fax: +62 21 390 0833
E-mail: info@kpai.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
