INDONESIA: Morowali district police shot and ill-treated protesters in Tiaka

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information regarding the shooting and ill-treatment of protesters by police between 22-24 August 2011 in Tiaka, Central Sulawesi, Indonesia. During the protest for community rights against an energy company, held by the Student Alliance Front for North Bungku Utara and Mamosalato on 22 August 2011, members of mobile brigades of the Morowali district police shot the protesters, resulting in the death of at least two persons, and the injury of at least six persons. The victims that were subsequently interrogated by the Central Sulawesi regional police were also ill-treated. Until now, there is no clear information regarding whether any disciplinary or criminal action was launched against the perpetrators. 

CASE NARRATIVE: 

According to KontraS the Commission for the Disappeared and Victims of Violence in Jakarta, Indonesia, on 22 August 2011, at around 11am, approximately 100 people transported in six wooden boats, part of the Front Aliansi pemuda Mahasiswa dan Pelajar Peduli Rakyat Bungku Utara dan Mamosalato (Student’s Alliance Front for North Bungku and Mamosalato), held a peaceful protest against PT. Medco in Tiaka island, Central Sulawesi. Residents of Kolo Bawah village, the protesters were demanding the fulfilment of community rights by Medco, which was extracting natural resources such as oil and gas from Tiaka island. The protesters wanted the company to build educational and other facilities on the island, as well as make use of local human resources. This was a continuation of the protest held on August 20, in which their demands were not met. When even on August 22 their demands were not met, the protesters then burned waste paper and several employee helmets in front of the company’s warehouse. Some protesters also burned two pillows and threw them at one of the factory machines, causing some smoke. 

Seeing the smoke, the protesters worried and returned to their wooden boats on the beach. Three Morowali district police officers, one military officer, a Medco employee named Toni and five Medco security officers also jumped on to one of the wooden boats. Considering the smoke from the factory to be dangerous, the protesters allowed them aboard and made away from Tiaka island. 

Shootings at sea 
When the boats had gone around 100 meters, one of the Morowali district police officers aboard shot in the air, signalling to other police officers who were not far, in Medco’s speedboat. The speedboat then came closer and shot at the protesters several times. The police and military officers on the protesters’ boat then gave their guns to the protesters to convince them that they would never shoot at them. At the same time, the officers on the speedboat shot blindly at the boats of other protesters, one of which was carrying Andi M. Sondeng, the Alliance coordinator. Andi was shot in the chest. 

The protesters’ boat with police, military and Medco employees on board ran out of fuel on its way to Kolo Bawah village, so a protester called his friend at the village to bring fuel. While they waited, a smaller protesters’ boat came along and offered to pull them. However, one of the police officers on the still boat stated that was not necessary as a speedboat from Tiaka island would pick up the three police officers and bring the fuel. The military officer on board then moved to the smaller boat, which continued to Kolo Bawah. When they arrived at Kolo Bawah village, 17 protesters were missing and considered lost at sea. 

A short while later, the Medco speedboat came alongside the stopped boat. The police officers and Medco employees then moved to the speedboat, which gave the protesters two jerry-cans (around 40 litres) of fuel. 

(Body of Yurifin/photo by Jafar Bua, AJI Palu)

After the speedboat had gone about 20 meters away, it stopped and the police officers shouted for the protesters to return the guns given to them. Due to the distance and the trauma the protesters had faced by the previous shots, one of the protesters, Yurifin, stated that they would return the guns at the Mamosalato sector police headquarters. He shouted this at least three times, but one of the brigade mobile officers began shooting at their boat, resulting in seven protesters being shot: Marten Datu Adam died instantly, Yurifin died when he was brought to the Luwuk hospital, Taslim was shot in his right arm, Zainudin was shot in his right thigh, Fahrudin was shot in his left leg, Alwi was shot in his right thigh, and Halik was shot in his left thigh, left shoulder and head. 

Moreover, the speedboat came over to the protesters’ boat and the police shot in the air and ordered the protesters to throw the guns to the speedboat, but the scared protesters only put the guns at the front of their boat. The police then ordered all the protesters to stand in the body of the boat so they could easily be seen. They were also ordered to remove all their clothes, except Marten Datu Adam and Yurifin who still wore their underwear. 

Arrest and ill-treatment 
The police officers then took the guns from the wooden boat and ordered the protesters to move to the speedboat. The police carried the dead and injured protesters. On board the speedboat, Yurifin asked for some water; the police responded by kicking him. Similarly, Taslim was hit on the head with a gun. 

The protesters, some 22 persons, were taken to Rata village, West Toili, Banggai at 6:30pm. Those who were fasting opened their fasts. Five victims, Marten Datu Adam, Yurifin, Taslim, Zainudin, Fahrudin, Alwi, and Halik were then evacuated to Luwuk Hospital.

Marten’s wife and his youngest son//photo by Jafar Bua, AJI Palu

On August 23, at 1am, the remaining 17 protesters were bought to the Banggai district police station in a truck. Most of the protesters experienced violence on the way, including being beaten on their head, face, and body with guns, and all protesters were only allowed to wear their underwear. They arrived at 4:20am and were given some food. At 10am they left for Palu, where they reached the following day at about 4am. Again, the protesters wore only their underwear during the journey. They were given clothes at 10am by the Central Sulawesi regional police, Palu. 

In the afternoon, the protesters were interrogated by the Central Sulawesi regional police. Legal counsel appointed by the victims’ families arrived at the police headquarters at 5pm to see and assist the victims, however, the police officers did not permit their assistance in violation of articles 69 and 70.1 of the Indonesian criminal procedure law. That night, the victims were questioned as witnesses in accordance with articles 170 (committed violence against person or property), 187 (with deliberate intent sets fire, causes an explosion or flood), 200 (with deliberate intent to destroy or damage building or structure), 335 (objectionable act/ unlawfully threaten another by force, by any other battery or offensive treatment) and 333 (unlawfully deprive someone of their liberty) of the criminal code. They were questioned without being told their rights or what crimes they were accused of, in violation of article 51 of the Indonesian criminal procedure law. 

Of the 21 people that were questioned (including four in the hospital), 20 were considered as suspects and were charged with the above articles, and one was released due to insufficient proof. On the following day, the 17 protesters who were considered lost at sea were found at Central Sulawesi police district headquarters. They were all held as suspects, including three other protesters. The total number of suspects held by the police was now 40. 

Furthermore, in violation of article 55 of the Indonesian criminal procedure law, the Central Sulawesi police ignored the victims’ chosen legal counsel and appointed alternate counsel for them. 

Subsequently, the chief of Central Sulawesi regional police stated that 19 officers of the Indonesian police, 12 members of the Morowali district police brigade mobile, and seven Morowali district police officers had been given disciplinary punishment, while the chief of Morowali dictrict police was given a warning. However, Budi Wiseso, chief of internal security of the Indonesian Police (Karo Paminal Mabes Polri) denied this, stating that the inquiry is still ongoing. Until now, no decision of disciplinary trial and punishment has been taken against the perpetrators. 

Photos at the funeral 1, 2 & the clothes of the victims 3.

SUGGESTED ACTION: 
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all perpetrators are brought to a justice process in accordance with international human rights norms and receive adequate punishment, and the victims receive an effective remedy including compensation. 

Please be informed that the AHRC is also sending letters on this case to the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. 

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