Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from the Commission for the Disappearances and Victims of Violence, KontraS (a national human rights organization). It concerns the results of a Police Ethic Mechanism lodged against three Police Officers of the Sula Police Station (Polres Sula), North Mollucas Province. After carrying out an unlawful arrest, the Police Officers transfered Mr. La Gode to the Military Post of Task Force (Satgas) 732/Buana. While in detention Gode expired from serious injuries to his body, in particular his back and lateral parts of his body.
UPDATED INFORMATION:
The Sula Police Station prefers bringing the three Police Officers before the Ethic Mechanism rather than prosecuting them in a Criminal Court. Results of the Ethic Mechanism conducted on 31 March, 2018 at the Sula Police Station follows:
• Police Chief Brigadier Zaenuddin Ahmad. The Ethic Committee punished him with 21 days detention, one year suspension of rank, promotion and educational training.
• Police Brigadier Harifin Idu. The Ethic Committe punished him with 21 days detention, two years suspension of rank, promotion, annulment of his current position in Police Administration and one year suspension of his regular salary.
• Police Brigadier Mardin. The Ethic Committe punished him with 21 days detention with six months suspension of educational training.
The light punishment is in violation of the Chief of Police Regulation Number 4 of 2011. It concerns promotions and suspensions of individual Police personnel. Article 22, paragraph 1 points out–an “Offender who deliberately commits a criminal offense punishable by imprisonment of 4 (four) years or more– the sentence becomes legally binding.” Therefore, the Ethic Mechanism charges against the three Police Officers must wait for the criminal investigation process and the trial process of the Criminal Court to completely finish. It has to be taken into consideration because the three Police Officers were charged under Article 170 of the Indonesian Penal Code (KUHP), where the sentence is more than four years imprisonment.
SUGGESTED ACTION:
Please write to the Authorities listed below. Ask them to ensure that all perpetrators involved in the case of torture to death of Mr. La Gode are held accountable. The Military and the Police should investigate the case under fair trial principles. And they must cooperate with the National Commission on Human Rights (Komnas HAM) as well as the National Police Commission. If the military personnel and police officers are found guilty, the case should be brought before a Criminal Court which has fair and high standards of Law. Needless to say, adequate compensation must be awarded to the victim’s family.
The AHRC will write separate letters to the UN Special Rapporteur on the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions, calling for their intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Light punishment in the unlawful arrest and torture to death of Mr. La Gode
Name of victims: Mr. La Gode
Names of alleged perpetrators: Military Personnel of Satgas 732/ Buana and one Police Officer
Date of incident: Between 23 and 24 October 2017
Place of incident: Military post of Satgas 732/Buana
I am writing to voice my deep concern regarding the results of a Police Ethic Mechanism lodged against three Police Officers of the Sula Police Station (Polres Sula), North Mollucas Province. After carrying out an unlawful arrest, the Police Officers transfered Mr. La Gode to the Military Post of Task Force (Satgas) 732/Buana. While in detention Gode expired from serious injuries to his body, in particular his back and lateral parts of his body.
The Sula Police Station prefers bringing the three Police Officers before the Ethic Mechanism rather than prosecuting them in a Criminal Court. Results of the Ethic Mechanism conducted on 31 March, 2018 at the Sula Police Station follows:
• Police Chief Brigadier Zaenuddin Ahmad. The Ethic Committee punished him with 21 days detention, one year suspension of rank, promotion and educational training.
• Police Brigadier Harifin Idu. The Ethic Committe punished him with 21 days detention, two years suspension of rank, promotion, annulment of his current position in Police Administration and one year suspension of his regular salary.
• Police Brigadier Mardin. The Ethic Committe punished him with 21 days detention with six months suspension of educational training.
The light punishment is in violation of the Chief of Police Regulation Number 4 of 2011. It concerns promotions and suspensions of individual Police personnel. Article 22, paragraph 1 points out–an “Offender who deliberately commits a criminal offense punishable by imprisonment of 4 (four) years or more– the sentence becomes legally binding.” Therefore, the Ethic Mechanism charges against the three Police Officers must wait for the criminal investigation process and the trial process of the Criminal Court to completely finish. It has to be taken into consideration because the three Police Officers were charged under Article 170 of the Indonesian Penal Code (KUHP), where the sentence is more than four years imprisonment.
Therefore, I respectfully request you to ensure that all perpetrators involved in the case of torture to death of Mr. La Gode are held accountable. The Military and the Police should investigate the case under fair trial principles. And they must cooperate with both the National Commission on Human Rights (Komnas HAM) as well as the National Police Commission. If the military personnel and police officers are found guilty, the case should be brought before a Criminal Court with fair and high standards of Law. Needless to say, adequate compensation should be awarded to the victim’s family.
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. Air Chief Marshal Hadi Tjahjanto
Chief of Indonesian Military
Mabes TNI Cilangkap Jakarta Timur
INDONESIA
Tel: +62 21 84595576, +62 21 8459-5326
Fax: + 62 21 84591193
Email: ppidtni@puspen.tni.mil.id
5. General Pol. Drs. 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
6. 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
7. H. Bambang Soesatyo, S.E., M.B.A
Chairperson of the Commission III of The House of Representative
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)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
9. Mr. Ahmad Taufan Damanik
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 Program
Asian Human Rights Commission (ua@ahrc.asia)
