INDONESIA: Tortured student activists who protested against a hotel’s fictitious facilities convicted for nine months

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that three protestors, whom the police had brutally assaulted, arbitrarily arrested and tortured while in custody in May 2009, had been convicted for nine months over false charges of attacks and violence. The protestors were together with several villagers holding a peaceful demonstration to protest against the fictitious facilities a local hotel had advertised it was offering.

CASE DETAILS:

According to the Medan Legal Aid Institute, three student activists, namely Mr. Fachurrozzi, Mr. Maksum and Mr. Rino Hadinata, took part in a peaceful demonstration on May 14, 2009 in front of the Grand Atares Hotel in Jalan Sisingamangaraja Kota Medan. The police assaulted them, had them arbitrarily arrested and tortured while in police custody.

The three men, all are members of the Pancasila Students Group (Mapancas), a student organization, were protesting against the hotel’s facilities that they have advertised to their guests and customers in their leaflets. The hotel claims they have a swimming pool for children and a fitness center, but these are non-existent.

Three days prior to the demonstration, the group had complied with the requirements on matters regarding demonstrations. They had sent, as required by Indonesian law number 9 of 1998 article 10 paragraph 1 regarding freedom of opinion in the Public Area, information about their planned demonstration to the Chairman of North Sumatra Regional Police.

However, despite having complied with the requirements, Darwin Ginting, Chief of sector police of Medan Kota Adjutant Commissioner Police (AKP), threatened the demonstrators and allegedly gave verbal orders to his subordinates to assault and shoot protestors during their demonstration. He is reported to have said: “if the demonstrators move one step forward, hit them or if necessary shoot and I will take responsibility“.

After hearing the orders the police, who were securing the area where the demonstration was taking place, commenced the attack and began violently dispersing the demonstrators. Photo 1 and 2. Darwin Ginting and his men grabbed bamboo sticks to kick, beat and assault the demonstrators, particularly the three student activists which resulted in them suffering severe injuries. You can also view the video containing the photographs about this case.

They were taken to the Large City Police of Medan, and were detained until June 24, 2009. They are reported to have been continuously tortured while in police custody.

It is known that when one of their lawyers visited them in jail following their arrest that torture marks and severe injuries could still be seen in their bodies. Also, the lawyer noticed, through his conversations with them, that the victims appeared to be mentally disturbed and he could not discuss their treatment or their case with them properly. This strongly suggests that they might have been suffering from a post traumatic stress syndrome (PTS) due to torture.

It is reported that the victims have been falsely charged with committing assault and violence under article 170;  committing violence against person or property; and for maltreatment under article 351 the Indonesian Criminal Law (Case No. 2187/Pid.B/2009/PN.Mdn).

After being held for over four months, the three men were taken to the Medan District Court where their case was tried from early September to October 7, 2009. The Public Prosecutor, Octario, had asked the court to impose a punishment of one year and six months imprisonment, upon the three students.

When the court concluded the trial, Judge Catur Prianto sentenced the three to nine months imprisonment. The victims’ legal counsel immediately appealed for the court to reconsider its decision.

ADDITIONAL COMMENTS:

Torture has not been criminalised in Indonesia and therefore the perpetrators could not be punished. The AHRC has documented cases of torture in the past (please see recent cases: AHRC-UAC-065-2009 and AHRC-UAC-066-2009).

The right to freedom from torture is legally enshrined in Indonesia, and Article 4 of Legislation No. 39 of 1999 Concerning Human Rights states that ‘the right to life, the right to not to be tortured […] are human rights that cannot be diminished under any circumstances whatsoever’. The same right is protected by Article 28G paragraph (2) and Article 28I paragraph (1) of the 1945 Constitution.

Also, earlier this year the Chief of the Indonesian National Police enacted the new Regulation of the Chief of Indonesian National Police Number 8 of 2009   which deals with the Implementation of Human Rights Principles and Standards in the Discharge of Duties of The Indonesian National Police. Article 10 of the Regulation states that:

‘Every Indonesian National Police personnel must […] refrain from instigating or tolerating any act of torture or other cruel, inhuman or degrading treatment or punishment.’

The Indonesian government, as a State Party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), is obliged to criminalize torture, and to put enforcement mechanisms in place that will help put an end to it, in its many forms. The family of the victim is also entitled to compensation as laid out in Article 14 of the CAT and Articles 2 (3) and 9 (5) of the ICCPR.

SUGGESTED ACTION:

Please send your letters to the authorities listed below to call for the immediate unconditional release of these victims. The conviction imposed on them must be reconsidered once it is proven that there were irregularities to the legality of their charges filed and their manner of the trial. The allegations of torture must be thoroughly investigated. Also, urge the government to ensure that disciplinary and legal action be imposed against the police officers found to be involved.

The AHRC has written to the UN Special Rapporteur on the question of torture, promotion and protection of the right to freedom of opinion and expression, and the Working Group on arbitrary detention, calling for their intervention

To support this case, please click here: SEND APPEAL LETTER