Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information on the torture case of June 2013 of six minors and young adults in Jakarta. As of yet, criminal investigation of their torturers is yet to take place. Four of the six victims have been falsely convicted of murder. The Jakarta courts have deliberately ignored evidence that establishes the innocence of the four boys.
UPDATED INFORMATION:
According to Johanes Gea of the Jakarta Legal Aid Institute (LBH Jakarta), the case against his clients was split into two criminal proceedings. Four of his clients – AP (13), F (14), FP (16) and BF (16) – had murder allegations against them examined in a juvenile court; whereas Andro (18) and Nurdin (23) are currently undergoing a trial in an ordinary criminal court. As previously narrated in AHRC-UAC-124-2013, AP, F, FP, BF, Andro and Nurdin, on 30 June 2013, were beaten and subjected to electric shock by officers of the Jakarta Metropolitan Police They forced the six teenagers and young adults to confess to the murder of Dicky Maulana.
LBH Jakarta reported that there are strong, factual indications that their clients are innocent. In a hearing in the juvenile court in South Jakarta, AP, F, FP and BF retracted their verbal statements to the police which stated that they had killed Dicky. Before the court, the four minors testified that the statements were made under threat and coercion by the police. No legal counsel was present when the statements of the four minors were taken.
Responding to the claims, the judges – Suhartono, Achmad Dimyati, and Suwanto – ordered the police officer who interrogated the four minors to testify. Without further investigation or examination, the judges accepted the policeman’s claim that the four minors had never been tortured or threatened.
In building his case, the prosecutor argued that the four minors – who are street singers – felt threatened by the presence of Dicky Maulana whom the prosecutor claimed was a new street singer in Cipulir. This argument is not plausible as Dicky was not a street singer. His parents confirmed this fact before the court.
The prosecutor claimed that Dicky was attacked by AP, F, FP, BF, Andro and Nurdin about 9.30 a.m. and died about 1 p.m on the same day. His assertion was that there was only a three-hour gap between the attack and the death. This did not match with the testimony from the forensic expert who said it would take some 8 hours for Dicky to pass away, given the wound he sustained. This information matches more with the finding of LBH Jakarta that Dicky was attacked around 3 a.m. on 30 June 2013.
In the trial, LBH Jakarta presented the court with a Facebook print-out conversation between IP and his friend, in which IP confessed that he was one of three men actually involved in the murder. However, the judges did not take into account this evidence which pointing to the innocence of AP, F, FP and BF. Then, in early October 2013, the South Jakarta District Court convicted the four boys, sentencing them to 3–4 years imprisonment. Despite the torture allegations raised by the boys, the judges chose to take into consideration the verbal statements made to the police under duress, instead of the testimonies given before the court.
An appeal was filed in the Jakarta High Court which, at the end of October 2013, reaffirmed the judgment of the District Court. There was no reasoning provided by the High Court judge, Sudaryati, in coming to her conclusion. A number of irregularities remain that need further investigation, one of which is the High Court judge examined and concluded the case in only seven days. LBH Jakarta is filing a final appeal to the Supreme Court.
Apart from the Jakarta courts, the officers at the Jakarta Metropolitan Police have ignored the evidence pointing out that AP, F, FP, BF, Andro and Nurdin are innocent. With the assistance of LBH Jakarta, IP came voluntarily to the Jakarta Metropolitan Police station to surrender himself. Yet the police have been reluctant in naming him as a suspect, claiming that ‘there is an ongoing proceeding in the court which they have to respect’. The police eventually questioned IP, but his current status in the case is ‘the interrogated’, which is not common under the Indonesian Criminal Procedure Code.
IP has testified in the ongoing proceedings against Andro and Nurdin at the South Jakarta District Court. He has admitted, under oath, that he had been involved in Dicky’s murder and that AP, F, FP, BF, Andro and Nurdin are innocent. Despite IP’s confession, the prosecutor has called for 13 years imprisonment for Andro and Nurdin.
SUGGESTED ACTION:
Please write to the authorities listed below, urging them to ensure that the torture allegations against AP, F, FP, BF, Andro and Nurdin are criminally investigated. The investigation should be effective and impartial, resulting in appropriate punishment of those responsible. Please emphasise that an internal administrative proceeding by the police should not be treated as a substitute for a criminal proceeding.
Please also urge the Supreme Court judges who will be examining the murder case against AP, F, FP and BF to perform their duty independently, impartially and carefully. Given the irregularities in the criminal proceeding and the judgment against the four boys, judges who examined the case at the South Jakarta District and the Jakarta High Court should be investigated, to ensure that their independence has not been compromised in this case.
The AHRC is writing a separate letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment as well as the UN Special Rapporteur on the independence of judges and lawyers, asking for their intervention in this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Jakarta courts sentence innocent teenagers for murder, ignoring torture claims
Name of victims: AP (13), FP (16), BF (16), F (14), Andro (18), Nurdin (23)
Names of alleged perpetrators:
Officers attached to the Jakarta Metropolitan Police, identified as follows:
1. Police Adjunct Senior Commissioner Herry Heryawan, Sik, MH
2. Police Commissioner Antonius. A.R, Sik, M.Si
3. Police Adjunct Commissioner Gunardi
4. Police Adjunct Commissioner Jarono
5. First Police Inspector DH.Nughroho
6. First Police Inspector Agus Wiyono
7. First Police Adjunct Inspector Dominggus .M.
8. First Police Adjunct Inspector Suhartono
9. First Police Adjunct Inspector H.Siregar
10. Second Police Adjunct Inspector Irul Chaerudin
11. Chief Police Brigadier Indra Hernawan
12. Chief Police Brigadier Joko Saputro
13. Chief Police Brigadier Rasma
Judges of the South Jakarta District Court, identified as follows:
1. Suhartono
2. Ahmad Dimyati
3. Suwanto
A judge of the Jakarta High Court, identified as:
1. Sudaryati
Date of incident: 30 June 2013
Place of incident: South Jakarta
I am writing to voice my deep concern regarding the conviction and punishment of AP, FP, BF, and F, four underage street singers, by the South Jakarta District Court, which were later reaffirmed by the Jakarta High Court. The judges in these courts found the four minors guilty of murdering Dicky Maulana, despite evidence of their innocence presented to the court.
I was informed by LBH Jakarta that, in a hearing at the South Jakarta District Court, the four boys had retracted their verbal statements to the police which stated that they had committed the murder of which they were accused. The reason for the withdrawal was that their statements were made under threat and coercion. I have received reports that the four boys – along with Andro and Nurdin, two other suspects in the case – were subjected to beatings, kicks and electric shocks by officers of the Jakarta Metropolitan Police. The torture was applied in order to obtain confessions from the accused.
I am extremely concerned that, following the four boys’ torture claim, the district court judges in charge of the case – Suhartono, Ahmad Dimyati and Suwanto – made no effort to investigate the claim any further. Instead, they asked a police officer to testify before the court, blindly accepting the officer’s claim that the four boys had never been tortured or threatened. I am also troubled that Sudaryati, the judge at the Jakarta High Court who examined this case, did not substantiate her reasons in reaffirming the District Court’s judgment. I am questioning the seven days she took in examining and concluding the case. Given the complexity of the evidence, I am not convinced that she was able to examine it appropriately in such an unusually short time.
It is quite disappointing to learn that the judges have ignored printed evidence of the Facebook conversation between IP – one of the three men who were actually responsible for the murder – with his friend. In this evidence presented by LBH Jakarta to the court, IP admitted that he was involved in the murder and that AP, FP, BF, F, Andro and Nurdin are innocent.
I have been informed that IP has surrendered himself to the Jakarta Metropolitan Police. IP has also testified, under oath, in a hearing on the murder case against Andro and Nurdin that he and his two other friends were responsible for the death of Dicky Maulana. Despite all this, the police have yet to name him a suspect.
The responses to the torture allegations, given by the police and the judge, have made me question Indonesia’s political will. Is it serious in preventing and punishing torture, a human rights violation unequivocally condemned under international law? Wilful blindness by the judges to the evidence pointing to the innocence of AP, FP, BF and F and their judgments in favour of police testimony, have raised the suspicion that their independence in this case has been compromised.
I am therefore calling you to ensure that an investigation is conducted against the judges. An investigation needs to be launched to ascertain whether the judges have been influenced by the police in concluding their judgments. As LBH Jakarta is filing an appeal with the Supreme Court, I am urging you to ensure that the Court is free from interference or influence from any party. At the same time, the torture allegations raised by AP, FP, BF, F, Andro and Nurdin should be criminally investigated. Such criminal investigation should lead to the proportionate punishment of all police officers responsible for the torture. An internal investigation within the police should not be treated as a substitute for a criminal proceeding.
I look forward for your effective and positive response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
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. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry 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. Gen. Sutarman
Chief of the Indonesian National Police
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
4. Drs. Putut Eko Bayuseno
Chief of Jakarta Metropolitan Police
Jl. Jendral Sudirman No.55
Jakarta 12190
INDONESIA
Tel: +62 21 523 4302, 523 4240
Fax. +62 21 523 4070
reskrimum@metro.polri.go.id
5. Dr. H. Muhammad Hatta Ali
Chief Justice of the Indonesian Supreme Court
Jl. Medan Merdeka Utara No. 9-13
INDONESIA
Tel: +62 21 384 3348
Fax: +62 21 381 0356
E-mail: info@ma-ri.go.id
6. Mr. Suparman Marzuki
Chairperson of the Judicial Commission
Jl. Kramat Raya No. 57
Jakarta Pusat
INDONESIA
Tel: +62 21 390 5876
Fax: +62 21 390 6215
E-mail: kyri@komisiyudisial.go.id
7. Ms. Siti Nur Laila
Chairperson of the 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
8. Dra. Hj. Badriyah Fayumi
Chairperson of National Commission on Child Protection
Jl. Teuku Umar No. 10
Gondangdia Menteng
Jakarta Pusat
INDONESIA
Tel: +62 21 3190 1556
Fax: +62 21 390 0833
E-mail: info@kpai.go.id
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
