Dear friends,
The Asian Human Rights Commission (AHRC) has received information from KontraS (The Commission for Disappearances and Victims of Violence) regarding the illegal arrest and alleged extra-judicial killing of Caci Bin Tibu by the Tombolo Pao Police on 26 June 2007. The victim was arrested without a warrant, and later his body was returned to his family with numerous bullet wounds and signs of bruising. However the police are trying to conceal the murder by coercing the victim’s family to sign documents acknowledging the police’s inculpability. As of now, no investigation has taken place over the death of the victim.
CASE DETAILS:
According to the information received, at around 11:00am on 26 June 2007, the Tombolo Pao Chief District Police Commissioner Abidin (Kapolsek AKP Abidin WSC) was eating at the Bonto Baji restaurant. When he left, he stopped the vehicle that Mr. Caci Bin Tibu (40) was traveling in. The chief police then arrested him without a warrant or explaining the reason of arrest. Eyewitness saw the chief police take Mr. Caci away in his vehicle. However, it was not revealed as to whether Mr. Caci was taken to the police station or not. The family members were only informed of Mr. Caci’s death by way of Mr. Mustafa, the village harmony leader (Kepala Rukun Kampung- RK) of their village. When the family members contacted the police, the Tombolo Pao police said that Mr. Caci was arrested under criminal charges and was shot because he tried to escape from custody.
At 8:00pm on that day, the body of Mr. Caci was delivered by Puskesmas Tamaona ambulance to the the victim’s home. There were three paramedics inside the ambulance. Other than the ambulance, there was another car following the ambulance that had about 4-5 people including the community leader (Kepala Dusun), Mr. Doda Andaris, and three unidentified Tombolo Pao policemen carrying rifles.
When the family members examined the corpse, they had found that there were five bullet wounds (two on his chest, one on the right side of his stomach, one on his right thigh and one on his right leg). The left side of his face was swollen with bruises and his hands and feet appeared to have been crushed or may have been tied up because there were strong swelling marks. However, at around 12:20am on that same night, the community leader advised the family that if the corpse was not buried right away it would start to smell and deteriorate. The family buried Mr. Caci Bin Tibu’s death body without an official autopsy.
On June 27, the head of the village council (Kepala Desa) in Mamampang, Mr. Yusuf Tonra, brought two letters to the victim’s family. The first letter acknowledges that the family has received the victims body, and the second letter states that the family refused an autopsy. Both letters were signed by the parents because they did not think an autopsy was necessary since it was obvious to them that their son was killed by gunfire from the police.
On June 28, two policemen from the said police station along with a village resident came to Mr. Yusuf, the neighborhood leader’s (Ketua Rukun Tetangga-RK) house with a statement letter for the victim’s family. At around 8:00pm, the neighborhood leader brought the statement to the victim’s family’s house.
The letter states the following:
1) We, as the birth parents of Caci Bin Tibu, do not feel burdened by the death of our son and we believe that he died because of his own ill doing, which is trying to escape from police custody.
2) We, as his parents, tried to advise our son not to commit any wrongdoings but he did not follow our advice, and hence, we believe it is justified that he had to die in such a way.
The family refused to sign the letter, but since there were five copies of the letter, they asked for one copy. At around 1:30am that night, Mr. Yusuf Tonra, the head of the village council came to ask for the aforementioned letter from the family with the reason that he would find out who wrote the letter at the Tombolo Pao police station. He promised that he would return the letter to the family. On June 29, the nephew of the victim contacted the head of the village council to ask for the letter back, but the head replied by stating that the letter was wet and damaged because he fell off his motocycle in the pouring rain while on his way to the police station.
As of now, instead of conducting an investigation on the brusies on his dead body and cause of death, the Tombolo Pao police along with the head of the village council are creating a petition for the community to sign. The petition expresses the comunity’s gratitude to the police for capturing Mr. Caci Bin Tibu because he was a criminal charged of theft and sexual assault in the society and they are glad that he died. However, according to the victim’s family no one in the vilage has ever reported to the police about those crimes.
Even though, the victim’s family with the help of KontraS have filed a complaint to the head of the South Sulawesi regional police department and other government department regarding this incident, no investigation has yet been conducted.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your grave concern regarding the arbitrary arrest and alleged extrajudicial killing of Mr. Caci Bin Tibu by the Tombolo Pao police. The authorities must exhaust all means to conduct thorough investigation and ensure that those responsible including the head of the village council should be punished if it is proven truth. The victim’s family must also be afforded appropriate compensation without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDONESIA: Alleged extra-judicial killing of an innocent man by the police in Tombolo Pao, South Sulawesi
Name of the victim: Mr. Caci Bin Tibu (40), a resident of Mamampang village in Tombolo Pao
Alleged perpetrators:
1. Abidin (Kapolsek AKP Abidin WSC), Tombolo Pao Chief District Police Commissioner from Tombolo Pao police station
2. Mr. Yusuf Tonra , the head of the Village Council of Mamampang (Kepala Desa)
Date of incident: 26-29 June 2007
Place of incident: an undisclosed location in Tombolo Pao, South Sulawesi
I am writing to voice my deep concern regarding the illegal arrest and alleged extrajudicial killing of Mr. Caci Bin Tibu by the Tombolo Pao Police on 26 June 2007. According to eyewitness account, the chief police stopped the vehicle that the victim was in, and he arrested him without showing a warrant. It was not known where he was brought by the police. On the same day the victim’s family members only received the victim’s dead body after his death. When examining the corpse, the family members found that there were five bullet wounds (two on his chest, one on the right side of his stomach, one on his right thigh and one on his right leg). The left side of his face was swollen with bruises and his hands and feet appeared to have been crushed or may have been tied up because there were strong swelling marks. However, the police explained that the victim was shot while escaping from the custody.
Even though the victim was extrajudicially killed by the police, the police with the head of the village coulcil coerced the family to sign two letters; one stating that they have received the victim’s body, and the second stating that they do not request for an autopsy. However, when both letters were signed by the parents, they were under the impression that an autopsy was not necessary since their son’s death was clearly committed by the police in an unjust manner. I find it more shocking that the police along with the leader of village council tried to force the parents to sign a statement acknowledging that the police’s action was not wrong and that their son’s death is justified because he committed a criminal act and was trying to escape from police custody.
I was informed that as of now, no investigation has been conducted on behalf of the victim and his family. The death of Mr. Caci Bin Tibu in the hands of the police is extremely disturbing. This is also not the first set of reported cases of police violence and killing in parts of Indonesia, which shows that the law enforcement in this country do not protect the people.
This piece of information makes me wonder whether the Indonesian authority finds this a common practice to arrest people without any probable cause or a warrant issued, and then murder the individual. This type of “law enforcement” is a grave violation of Article 9 of the ICCPR, “No one shall be sugjected to arbitrary arrest or detention”(1), and “anyone who is arrested shall be informed, at the time of arrest, or the reasons for his arrest and shall be probptly informed of any charges against him”(2). Indonesias Criminal Procedure Code also specifically cites that the authorities have to comply with the warrant provisions, however, these procedures are totally ignored.
I understand 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, arbitrary detention or even as grave as death in the hands of police custody.
I am deeply concerned that no investigation has yet taken place on those responsible for Mr. Caci Bin Tibu’s murder and the family members have been coerced to sign statements by the police and the head of the village. It is reported that the police have continued trying to cover up the case by issuing a petition stating that the community is grateful to the police for capturing Mr. Caci Bin Tibu because he was a criminal in the society and they are glad that he died.
In light of the above, I strongly urge you to conduct immediate investigation into the alleged extrajudicial killing of Mr. Caci Bin Tibu by the police. I also urge you to place legal action against those responsible including the head of the village council through thorough investigation. Compensation should have given to the victim’s family.
I finally urge the Indonesian government which has been re-elected as a member of UN Human Rights Council to show its sincerity in protecting and upholding the highest standards of human rights for its citizens by proving to make its pledges into reality, in particular to guarantee that perpetrators in this case are held to account and victim’s family can obtain redress. More importantly, flagrant abuses by persons in authority should not be tolerated.
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. 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
2. 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
3. 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@komnas.go.id
4. Professor Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
