Dear __________,
INDONESIA: Man illegally arrested and tortured by Pekanbaru police
Name of the victim: Hendrik Sikumbang, a resident of Padang City
Name of alleged perpetrators: Yusril and other unidentified police officers attached to Pekanbaru Police Station
Date of incident: 14 June 2007
Place of incident: In the Kijang car with blue color
I am writing to voice my deep concern regarding the alleged illegal arrest and torture of Hendrik Sikumbang in Padang City. He was riding his motorcycle when a car carrying several police officers connected to the Pekanbaru Police Station cornered him in the street. Sikumbang was able to identify one of them as Yusril who was a former member of West Sumatera Police Regional office and who is currently stationed at Pekanbaru police office. Even though Sikumbang asked for arrest warrant, the police failed to show it. He was forced to enter the car. The car droved around the city instead of going to police station or the court. Sikumbang was brutally beaten with bare hands and a gun inside the car. It has also been alleged that the police were trying to obtain information from Sikumbang about the whereabouts of Joni Rambai, a suspect in a murder case.
Due to the torture by the police, Sikumbang suffered severe bruises and scars on the head, face, and neck. Moreover, Sikumbang’s ear was bleeding so profusely that according to Dr. Yan Edward, an otologist, the membrane in Sikumbang’s ear was cracked and would cause him hearing loss. The medical report on this case is still in process.
This piece of information makes me wonder whether the Indonesian authority finds this a common practice to arrest people without any probable cause or any warrant issued, and then torture the them to obtain a confession or other related information.
This type of “law enforcement” is a grave violation of international law as written in the International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a signatory. According to Article 9 of the ICCPR, “No one shall be subjected to arbitrary arrest or detention” (1), and “anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him” (2). The laws cited above were not implemented in Sikumbang’s case and even though Indonesias Criminal Procedure Code specifically cites that the authorities have to comply with the warrant provisions, these procedures are often in practice ignored.
The Indonesian government ratified the Convention against Torture in 1998 but has so far refused to pass appropriate legislation criminalizing torture with proper punishment. To prevent future acts of torture, the government must pass proper legislation to punish the perpetrators.
I am informed that Indonesia’s Criminal Procedure Code still falls short of international law and standards. Even though law has been revised to include more safeguards for the defendant or suspect, several of its provisions are still weak and does not protect the suspect from abuses of torture and arbitrary detention.
If Indonesia is serious about ending the culture of impunity, it will ensure that fair trial standards are fully implemented at all stages of the investigation and trial procedures. In the case of Mr. Sikumbang, he was not charge of any crime but he was tortured by the police. Therefore, he is a victim of unlawful arrest and I urge the Indonesian government to enforce the right to compensation. It is also the duty of the prosecutor and the police department to investigate the people responsible of the henious act committed against this man.
In the light above I urge you to conduct legal and displinary action against those responsible through impartial investigation into this case without delay. The alleged perpetrators should be subjected to suspension or reassignment during the process of investigation if there is a risk that the perpetrator might impede the investigation. I demand that victim get aduquate compensation. I further urge you to take full efforts to stop illegal arrest and torture by the police so that the alleged perpetrators can not enjoy the impunity at all.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jl. Medan Merdeka Utara
Jakarta Pusat 10010
INDONESIA
Tel: + 62 21 3845627 ext 1003
Fax: + 62 21 231 41 38, 345 2685, 345 7782
Email: presiden@ri.go.id
2. Mr. Hendarman Supandji
Attorney General
Kejaksaan Agung RI
Jl. Sultan Hasanuddin No. 1
Jakarta Selatan
INDONESIA
Tel: + 62 21 7221337, 7397602
Fax: + 62 21 7250213
Email: postmaster@kejaksaan.or.id
3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012
Fax: +62 21 720 7277
Email: polri@polri.go.id
4. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
Email: info@komnasham.or.id
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)