Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned that the prosecution of the four policemen who arbitrarily arrested and tortured a man on December 2009 will not be carried out in a fair and legitimate manner. The AHRC reported on this case previously, during which it wrote to the UN Rapporteur on the question of torture. Though some progress has been made in the case, it is pending with the prosecutor, the policemen have been released and no reparation has yet been given to the victim.
CASE DETAILS:
On 5 December 2009 Mr J.J. Rizal was illegally arrested by police officers of Beji sub-district in West Java’s Depok City, who accused him of being a pickpocket (please see UAC-178-2009). During the arrest the police officers beat the victim about the head and ears and threatened him with a gun; he sustained a split upper lip, bleeding from the nose, a bruised and swollen face and damage to his hearing. After Rizal filed a complaint with the Jakarta Metropolitan Police the sector head asked his subordinates to go to the victims house and apologise, which they did.
The four policemen have since been charged with police violence and arrested. On 13 January 2010 after an investigation, the Jakarta Metropolitan Police delivered the case to the high office of the public prosecutor in Bandung, West Java. However there appear to be delays at this stage of the legal process and the alleged perpetrators have been released from custody.
This should be considered a worrying development. As documented by the AHRC and local NGOs, impunity continues to be commonly enjoyed by police in Indonesia, whether they are accused of arbitrarily arrest, torture or corruption. Those that are tried are often charged lightly, which sends out a damaging message. We refer you here to the case of Mr. Hartoyo (UAU-060-2008), a gay man and a human rights defender who was tortured and sexually abused by the police but whose case was tried as a minor offence, allowing the assailants to walk free after paying fine of US$ 0.1 (DR 1,000).
In the case of Rizal the policemen not only violated law no 39 of 1999 regarding Human Rights in particular article 34, which states that ‘no one shall be subject to arbitrary arrest, detention, torture or exile’ along with chapter XA of the 1945 constitutionregarding Human Rights and the recently enacted Chief of Indonesian National Police Number 8 of 2009, which implements human rights principles in the discharge of police duties. They were also in violation of the United Nation’s International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, especially article 2 (the right to remedy), article 7 (the right to freedom from inhuman treatment), article 9 (the right to freedom from arbitrary detention) and article 15 (the presumption of innocence).
SUGGESTED ACTION:
Please write to the Indonesian authorities listed below calling for a show of resolve regarding the reform of the judiciary and the tackling of impunity. The prosecutor must send the case to court as soon as possible for a legitimate trial and subsequent appropriate penalties. Fair compensation must be granted to the victim,
Please also call on the National Police Commission to investigate the violence committed by the police officers, and to acknowledge and act on this unfortunate trend in the force.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDONESIA: The prosecution of police for violence appears to be delayed
Name of victim: Mr. J.J. Rizal
Names of alleged perpetrators:
1. Brigadier, S
2. Brigadier (1), A
3. Brigadier (1), MS
4. Brigadier (1 ), S
All police officers of Beji sector police, Depok city.
Date of incident: January 2010
Place of incident: Bandung, West Java
I am writing to voice my deep concern regarding the slow course of a case of arbitrary arrest and police torture through the office of the prosecutor.
On 5 December 2009 Mr J.J. Rizal was illegally arrested by police officers of Beji sub-district in West Java’s Depok City, who accused him of being a pickpocket. During the arrest the police officers beat the victim about the head and ears and threatened him with a gun; he sustained a split upper lip, bleeding from the nose, a bruised and swollen face and damage to his hearing. After Mr. Rizal filed a complaint with the Jakarta Metropolitan Police the sector head asked his subordinates to go to the victims house and apologise, which they did.
The four policemen have since been charged with police violence and arrested. On 13 January 2010 after an investigation, the Jakarta Metropolitan Police delivered the case to the high office of the public prosecutor in Bandung, West Java. However there appear to be delays at this stage of the legal process and the alleged perpetrators have been released from custody.
This is a worrying development. As documented by the media and NGOs, impunity continues to be commonly enjoyed by police in Indonesia, whether they are accused of arbitrarily arrest, torture or corruption. I am writing to you to call for your efforts to ensure a fair and efficient prosecution. The case should sent to the court as soon as possible and judged in accordance with law no 39 of 1999 regarding Human Rights, particularly article 34 which states that ‘No one shall be subject to arbitrary arrest, detention, torture or exile’ and chapter XA of the 1945 constitution regarding Human Rights, as well as 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. Fundamental international Human Rights declarations must also be taken into account, such as the International Covenant on Civil and Political Rights (ICCPR), especially article 2 (right to remedy), article 7 (right to freedom of inhuman treatment), article 9 (right to freedom of arbitrary detention) and article 15 (presumption of innocence).
Mr. Rizal is entitled to justice and reparation according to fundamental international and Indonesian legislation. Leniency and slowness to act on this case will once more demonstrate that the institutional response to torture in Indonesia is far below the international standard.
Yours sincerely,
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1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Presidential Palace,
Jl. Medan Merdeka Utara Jakarta Pusat 10010
INDONESIA
Fax: +62 21 231 4138, 345 2685, 345 7782
Tel: +62 21 384 5627, ext. 1003
Email: mallarangeng@yahoo.com
2. Wisnu Baroto, S.H., M. Hum
Bandung District Prosecutors Office
Jl. Jakarta No. 42-44 Bandung
INDONESIA
Tel. +6222-7103531
2. General Bambang Hendarso Danuri
Chief of Indonesian National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Fax: +62 21 720 7277
Tel: +62 21 721 8012
Email: polri@polri.go.id
3. Mr. Adnan Pandu Praja
Chairman of the national police commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Fax: +62 21 739 2317
Tel: +62 21 739 2352
4. Mr. Patrialis Akbar
Minister of Justice and Human Rights
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095
5. Mr. Beny K Harman
Chairman of Commission one of The House of Representative
(Komisi III DPR RI)
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Fax: +62 21 5715566
Tel: +62 21 5715569
6. Mr. Ifdhal Kasim
Chief of Indonesian Commission on Human Rights (KOMNAS HAM)
Jln. Latuharhary No. 4B, Menteng,
Jakarta Pusat 10310
INDONESIA
Fax: +62 21 3925227
Tel: +62 21 3925230 ext. 225/221
Email: info@komnasham.go.id
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Please be aware that although we regularly update our contact databases, emails to local authorities do sometimes bounce back due to domestic technical issues. If this happens consistently please do inform us at the email address below.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
