Dear Friends,
The Asian Human Rights Commission (AHRC) has been informed by Padang Legal Aid (LBH Padang) that the judges of Muara Sijunjung District Court have refused the case of restitution submitted by a mother of two minor victims who were tortured to death by the police. The restitution is part of the mother’s effort to obtain justice for her two sons.
UPDATED INFORMATION:
Previously, the AHRC documented and reported the torture and murder of two minors, Faisal (14) and Budri (17), by four police officers of Sijunjung Sub-District Police Station. The two minors were found hanging dead in the bathroom of Sijunjung Sub-District Police Station in December 2011. The police initially covered up the torture and murder of the minors by claiming that they had committed suicide. However, the autopsy of the two victims concludes that they did not commit suicide, and there were bruises found on the bodies. Moreover, investigation conducted by the National Commission on Human Rights (Komnas HAM) concludes that the two brothers were victims of premeditated murder.
On 29 January 2013, the court convicted the officers for committing physical assault and sentenced them to 18 months to three years imprisonment. The sentence constitutes light punishment considering Komnas HAM’s conclusion of premeditated murder; according to Article 340 of the Indonesian Penal Code, the maximum punishment for premeditated murder is life imprisonment or the death penalty.
Three years later, on 6 January 2016, judges of Sijunjung district court, chaired by judge Mahyudin, issued a verdict stating that the lawsuit concerning the request for restitution submitted by Mrs. Yusmanida, mother of the victims Faisal and Budri, cannot be accepted. The reason for this, the judges argued, is that the same request had been submitted (ne bis in idem) through the Agency for Victims and Witnesses Protection (LPSK), and read by the public prosecutor during the trial process. The judges concluded that the restitution submitted by the family through the LPSK has the same legal standing as the lawsuit, and hence refused the lawsuit as it was submitted twice. The LPSK however, maintains that the restitution petition through the LPSK and read by the prosecutor in the trial process has different legal standing compared with the lawsuit, and therefore should not be rejected by the judges.
The refusal of the lawsuit proves that the government, in particular the police, has little willingness to provide adequate remedies to the families of victims. This case is also indicative of the Indonesian legal system’s failure to address incidents of torture and provide suitable remedies for victims and their families.
Such circumstances make clear that Indonesia is facing a crisis of law enforcement, with no justice or legal certainty for victims. The law has yet to recognize torture as a serious crime, and physical assault as mentioned in the Penal Code mostly results in light punishment and impunity for perpetrators.
ADDITIONAL INFORMATION:
Death due to torture remains a serious problem in Indonesia, and over the last decade, no government has made any significant effort to eradicate torture. Though the police have issued many internal regulations strengthening the human rights perspective in the daily duty of police officers, the police continue to commit frequent torture.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that proper investigation is conducted in the case of the two minor victims tortured to death by police officers of Sijunjung police station, and those responsible are held accountable. The government should also ensure that the victims’ mother is entitled to restitution. The government should also expedite the Penal Code revision, and ensure punishment of torture is regulated, as well as the state’s obligation to pay restitution and compensation.
The AHRC is writing separate letters to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the UN Special Rapporteur on the independence of judges and lawyers, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
INDONESIA: Court’s refusal to provide adequate remedy to underage torture victims
Name of victim: Faisal (14 year old), Budri (17 year old)
Names of alleged perpetrators: AKP Syamsul Bahri, Iptu Al Indra, Aipda Irzal, Randy Agusta
Date of incident:
– The case occurred on 28 December 2011
– The criminal code sentence on 29 January 2013
– The judges refused restitution on 6 January 2016
Place of incident: Muara Sijunjung, Padang, West Sumatra
I am writing to voice my deep concern regarding the judges of Muara Sijunjung District Court have refused the case of restitution submitted by a mother of two minor victims who were tortured to death by the police. The restitution is part of the mother’s effort to obtain justice for her two sons.
Previously, the AHRC documented and reported the torture and murder of two minors, Faisal (14) and Budri (17), by four police officers of Sijunjung Sub-District Police Station. The two minors were found hanging dead in the bathroom of Sijunjung Sub-District Police Station in December 2011. The police initially covered up the torture and murder of the minors by claiming that they had committed suicide. However, the autopsy of the two victims concludes that they did not commit suicide, and there were bruises found on the bodies. Moreover, investigation conducted by the National Commission on Human Rights (Komnas HAM) concludes that the two brothers were victims of premeditated murder.
On 29 January 2013, the court convicted the officers for committing physical assault and sentenced them to 18 months to three years imprisonment. The sentence constitutes light punishment considering Komnas HAM’s conclusion of premeditated murder; according to Article 340 of the Indonesian Penal Code, the maximum punishment for premeditated murder is life imprisonment or the death penalty.
Three years later, on 6 January 2016, judges of Sijunjung district court, chaired by judge Mahyudin, issued a verdict stating that the lawsuit concerning the request for restitution submitted by Mrs. Yusmanida, mother of the victims Faisal and Budri, cannot be accepted. The reason for this, the judges argued, is that the same request had been submitted (ne bis in idem) through the Agency for Victims and Witnesses Protection (LPSK), and read by the public prosecutor during the trial process. The judges concluded that the restitution submitted by the family through the LPSK has the same legal standing as the lawsuit, and hence refused the lawsuit as it was submitted twice. The LPSK however, maintains that the restitution petition through the LPSK and read by the prosecutor in the trial process has different legal standing compared with the lawsuit, and therefore should not be rejected by the judges.
The refusal of the lawsuit proves that the government, in particular the police, has little willingness to provide adequate remedies to the families of victims. This case is also indicative of the Indonesian legal system’s failure to address incidents of torture and provide suitable remedies for victims and their families.
Such circumstances make clear that Indonesia is facing a crisis of law enforcement, with no justice or legal certainty for victims. The law has yet to recognize torture as a serious crime, and physical assault as mentioned in the Penal Code mostly results in light punishment and impunity for perpetrators.
Therefore, I respectfully call upon the Indonesian government to ensure that proper investigation should be conducted in this case, and those found responsible should be punished appropriately.
The government should also ensure that the victims’ mother is entitled to restitution and compensation.
The government should also expedite the Penal Code revision, and ensure that punishment of torture is regulated in the Code, as well as the state’s obligation to pay restitution and compensation to victims.
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 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. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
6. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
Ketua Komisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
Jalan Jenderal Gatot Subroto, Jakarta,
INDONESIA
Telp : +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax : +62 21 5715566
7. Mr. Luhut Binsar Panjaitan
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
9. Mr. HM Prasetyo
Attorney General of Republic of Indonesia
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337 , 7397602
Fax: + 62 21 7250213
10. The Honourable Prof. Dr. H. Muhammad Hata Ali, SH., MH.
Chief Justice of the Indonesian Supreme Court
Jl. Medan Merdeka Utara No. 9-13
Jakarta 10110
INDONESIA
Tel: +62 21 384 3348, 381 0350
Fax: +62 21 381 0357
11. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Sakdi dan Korban (LPSK)
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 3190606 / +62 21 31927881
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
