Dear Friends,
The Asian Human Rights Commission (AHRC) has received information regarding the illegal assault and detention of 26-year-old Taufiq, accused of allegedly selling drugs, by police officers of the Tanah Abang police sector (Polsek Metro Tanah Abang), Jakarta, Indonesia. During the police examination process, the police have beaten Taufiq and forced him to confess that he sold drugs, and denied him access to a legal counsel.
CASE NARRATIVE:
On 15 September 2015, police officers of Polsek Metro Tanah Abang arrested Taufiq in an internet café (warnet), in Jalan Cempaka Putih Tengah, Cempaka Putih Timur, Cempaka Putih sub-district, Jakarta, Indonesia. Taufiq was arrested, without an arrest warrant, as he had walked out of the internet café.
According to Taufiq’s friend, Taufiq was then brought to the Cempaka Putih police sector (Polsek Cempaka Putih), but when Taufiq’s family arrived there, Taufiq had not been present. On September 19, the police issued a letter (notification) that Taufiq was detained in Polsek Metro Tanah Abang. According to his family who visited him in Polsek Metro Tanah Abang, Taufiq was beaten in the face at the time he was arrested and during the journey from the internet café, and he was later detained in Polsek Metro Tanah Abang. Taufiq was also forced to confess that he has sold drugs, to an unknown buyer.
According to Taufiq’s lawyer, the police officers in Tanah Abang are not cooperative, and the lawyer was given minimal access to provide legal assistance to Taufiq. One of the police officers guarding detainees in Polsek Metro Tanah Abang even told Taufiq’s lawyer that his presence will make Taufiq’s case more difficult, and will lower his chances of release.
Taufiq has been charged under Article 14 of Law No 35 of 2009 on Narcotics, punishable with imprisonment for life or minimum imprisonment of 5 (five) years and a maximum of 20 (twenty) years and a fine of at least Rp 1.000.000.000,00 (one billion rupiah) and a maximum of Rp 10.000.000.000,00 (ten billion rupiah).
According to article 56 of the Indonesian Law of Criminal Procedure (KUHAP), every suspect or accused who is liable for the death penalty or imprisonment of 15 years or more or for those who are destitute who are liable to imprisonment of five years or more who do not have their own legal counsel, shall be assigned legal counsel. Moreover, under Law No 16 of 2011 on Legal Aid, every accused persons or suspects who could not afford to pay a lawyer, must be supported or provided by the government.
ADDITIONAL INFORMATION:
Following due process of law is still a concern in Indonesia, particularly in the war on drugs. The Indonesian police ignore due process in many cases, examining suspects or accused persons without lawyers present. Additionally, numerous drug cases have benefited the police; millions of rupiahs are negotiated with the suspects’ families in order to get them released. This also happens under the public prosecutor, where they could decrease the sentence or even release the accused person after the family provided some money. This illegal practice is very difficult to prove however.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the police officers of Polsek Metro Tanah Abang are held responsible for the assault, fabrication of charges and absence of legal assistance to Taufiq. The national Chief Police should order chief police Polsek Metro Tanah Abang to re-examine whether or not the arrest and detention of Taufiq is lawful.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Special Rapporteur on the Independence of judges and lawyers, and the UN Working Group on Arbitrary Detention for their intervention upon this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: A person illegally arrested, beaten and given no access to a lawyer
Name of victim: Taufiq (26) / also known Opik
Alleged perpetrators:
Police officers of Tanah Abang police Sectors (Polsek Metro Tanah Abang):
1. Police Adjunct Senior Commissioner (AKBP) Herry Sulistiadi
2. Police Commissioner (Kompol) Ardiansyah
3. Police Adjunct Senior Commissioner (AKP) Nahar Siregar
4. First Police Adjunct Inspector (AIPTU) Suhendra
5. Chief Police Brigadier (Bripka) Heri Prasetyo
6. Police Brigadier Abdul Hamid
7. Chief Police Brigadier (Bripka) Maryono
8. Chief Police Brigadier (Bripka) R Panji Agung W
9. First Police Brigadier (Briptu) M Apdiansyah
Date of incident: 15 September 2015
Place of incident: Cempaka Putih and Tanah Abang, Jakarta, Indonesia
I am writing to voice my deep concern regarding the illegal assault and detention of 26-year-old Taufiq (also known Opik), accused of allegedly selling drugs, by police officers of Tanah Abang police sector (Polsek Metro Tanah Abang), Jakarta, Indonesia. During the police examination process, the police have beaten Taufiq and forced him to confess that he sold the drugs.
On 15 September 2015, police officers of Polsek Metro Tanah Abang arrested Taufiq in an internet café (warnet), in Jalan Cempaka Putih Tengah, Cempaka Putih Timur, Cempaka Putih sub-district, Jakarta, Indonesia. Taufiq was arrested as he walked out of the internet café, without any arrest warrant.
According to Taufiq’s friend, Taufiq was brought to Cempaka Putih police sector (Polsek Cempaka Putih), but when his family went there, Taufiq was not there. On September 19, the police issued a letter (notification) that Taufiq was detained in Polsek Metro Tanah Abang. According to his family who visited him in Polsek Metro Tanah Abang, Taufiq was beaten in the face when he was arrested and during the journey from the internet café, and finally detained in Polsek Metro Tanah Abang. Taufiq was also forced to confess that he has sold drugs.
According to Taufiq’s lawyer, the police officers in Tanah Abang are not cooperative, and the lawyer was given minimal access to provide legal assistance to Taufiq. One of the police officers guarding detainees in Polsek Metro Tanah Abang even told Taufiq’s lawyer that his presence will make Taufiq’s case more difficult, and will lower his chances of release.
Taufiq has been charged under article 14 of Law No 35 of 2009 on Narcotics, punishable with imprisonment for life or minimum imprisonment of 5 (five) years and a maximum of 20 (twenty) years and a fine of at least Rp 1.000.000.000,00 (one billion rupiah) and a maximum of Rp 10.000.000.000,00 (ten billion rupiah).
According to article 56 of the Indonesian Law of Criminal Procedure (KUHAP), every suspect or accused who is liable for the death penalty or imprisonment of 15 years or more or for those who are destitute who are liable to imprisonment of five years or more who do not have their own legal counsel, shall be assigned legal counsel. Moreover, under Law No 16 of 2011 on Legal Aid, every accused persons or suspects who could not afford to pay a lawyer, must be supported or provided by the government.
The police officers of Polsek Metro Tanah Abang must be held responsible for the assault, fabrication of charges and absence of legal assistance to Taufiq. The national Chief Police should also order chief police Polsek Metro Tanah Abang to re-examine whether or not the arrest and detention of Taufiq is lawful, and if not, the responsible officers should be tried under criminal law.
The National Police Commission (Kompolnas) and the National Commission on Human Rights (Komnas HAM), as well as Ombudsman should ensure that police officers of Polsek Metro Tanah Abang comply with the due process of law.
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
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. 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
5. 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
6. AKBP Pol Herry Sulistiadi
Chief Police of Tanah Abang Metropolitian Police Sector
Polsek Metro Tanah Abang
Jl. Penjernihan I No.8, Bendungan Hilir, Tanah Abang, Jakarta Pusat 10210
Telp. 021 570 1585
Fax. 021 570 1584
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)
