Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information provided by Bandar Lampung Legal Aid (LBH Bandar Lampung). It is regarding an unfair trial and a fabricated case faced by the Tulang Bawang farmers and a Priest, Father Sugianto who defended and spent time in solidarity with the farmers. So far, there is no legal audit on the land occupied by the company. On the contrary, the local government, the police and the courts failed to be part of the agrarian conflicts resolution. The farmers and the local community have been struggling to reclaim their lands since 1993, at which time they were forcibly occupied by PT. BNIL.
UPDATED INFORMATION:
On 2 March 2017, four farmer activists and Father Sugianto, an activist and a priest were involved in the advocacy of the case. They were sentenced by the Menggala district court, Lampung province. Two farmers Mr. Sukirman and Mr. Sukirji were sentenced to 2, and 4 years imprisonment. Two other farmers, Mr. Sujarno and Mr. Hasan, were sentenced to 2 years imprisonment. The Priest, Father Sugianto, was sentenced to 1 to 6 years imprisonment.
Father Sugianto and the four farmers had been detained in Tulang Bawang prison since October 2016. They were criminally charged and accused of provoking the farmers to reclaim the land, destroying company property and plantation law violations.
They were arrested during the protest against the Bangun Nusa Indah Lampung Company. During the protest, Father Sugianto and the farmers set up tents and sat on the ground. When the thugs, affiliated with the company, attacked the farmers, there was no resistance on the part of the farmers. They merely continued to sit on the ground!
According to Bandar Lampung Legal Aid, the thugs clearly triggered the attack. The farmers merely protected themselves. Unfortunately, the Judges did not consider witness testimonies and evidence provided by the lawyers. They only considered evidence from the prosecutors.
SUGGESTED ACTION:
Please write to the authorities listed below. Ask them to ensure that the High Court re-consider the legal considerations and the ignorance of the lower court relating to evidence and witnesses submitted by the Tulang Bawang farmers’s lawyer. The High Court should try the farmers and Father Sugianto, on fair trial principles, and release them if they are not guilty. The government should ensure a legal audit is performed on the land occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL). An investigation by the police is necessary. They need to charge the thugs and staff of the company who ordered an attack on the farmers.
The AHRC is writing separate letters to the UN Special Rapporteur on the Right to Food and Special Rapporteur on the Independence of Judges and Lawyers calling for their intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Judges sentenced four farmers and a Priest who illegally reclaimed land occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL)
Name of victims: Father Sugianto, a priest, and four farmers– Mr. Sukirman, Mr. Sukirji, Mr. Sujarno and Mr. Hasan
Names of alleged perpetrators: the Bangun Nusa Indah Lampung Company (PT. BNIL), thugs, and police officers
Date of incident: September 2016 to March 2017
Place of incident: Tulang Bawang Regency, Lampung province
I am writing to voice my deep concern regarding an unfair trial and a fabricated case faced by the Tulang Bawang farmers and a Priest, Father Sugianto who defended and spent time in solidarity with the farmers. So far, there is no legal audit on the land occupied by the company. On the contrary, the local government, the police and the courts failed to be part of the agrarian conflicts resolution. The farmers and the local community have been struggling to reclaim their lands since 1993, at which time they were forcibly occupied by PT. BNIL.
On 2 March 2017, four farmer activists and Father Sugianto, an activist and a priest were involved in the advocacy of the case. They were sentenced by the Menggala district court, Lampung province. Two farmers Mr. Sukirman and Mr. Sukirji were sentenced to 2, and 4 years imprisonment. Two other farmers, Mr. Sujarno and Mr. Hasan, were sentenced to 2 years imprisonment. The Priest, Father Sugianto, was sentenced to 1 to 6 years imprisonment.
Father Sugianto and the four farmers had been detained in Tulang Bawang prison since October 2016. They were criminally charged and accused of provoking the farmers to reclaim the land, destroying company property and plantation law violations.
They were arrested during the protest against the Bangun Nusa Indah Lampung Company. During the protest, Father Sugianto and the farmers set up tents and sat on the ground. When the thugs, affiliated with the company, attacked the farmers, there was no resistance on the part of the farmers. They merely continued to sit on the ground!
According to Bandar Lampung Legal Aid, the thugs clearly triggered the attack. The farmers merely protected themselves. Unfortunately, the Judges did not consider witness testimonies and evidence provided by the lawyers. They only considered evidence from the prosecutors.
I respectfully request you to ensure that the High Court of Lampung province re-considers the legal considerations and the ignorance of the lower court. This concerns the evidence and the witnesses brought forth by the Tulang Bawang farmers’s lawyer. The High Court should try the farmers and the Priest, on fair trial principles, and release them if they are not guilty. The government should ensure a legal audit is performed upon the land occupied by the Bangun Nusa Indah Lampung Company (PT. BNIL). Police need to set up an investigation and charge the thugs and staff of the company who ordered an attack against the farmers.
I look forward to your prompt action in this matter.
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 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 Pol. Dr. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id
5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id
6. Professor Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Dr. HM. Azis Syamsuddin, SH
Chairperson of Commission III of The House of Representatives
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
8. Mr.Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881
9. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
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)
