The Asian Human Rights Commission (AHRC) has received information from the Legal Aid Institute of Jakarta (LBH Jakarta) that three security guards from Indonesia’s National Intelligence Body (BIN) assaulted a student and a motorcycle taxi driver. Untung Surapati, a 21-year-old student at the Indonesian Christian University (UKI) and Lukman, a motorcycle taxi driver were assaulted and intimidated on 15 June 2006, when they passed the BIN office on Jl. Kalibata, Pasar Minggu.
On June 15, Untung took a motorcycle taxi, whose driver was Lukman, from Cililitan, East Jakarta to Pasar Minggu, South Jakarta. When they passed the BIN office on Jl. Kalibata at 5:20pm they were stopped by Erik, a security guard. Two cars then backed out of the BIN office building and hit the motorcycle. After the two cars left however, Erik and two fellow security guards started to beat Lukman, saying that the accident was his fault. When Untung tried to run away, the security guards began to assault him as well.
Untung and Lukman were then taken to an office inside the building. The security guards continued to torture them by hitting their heads and faces until they were bleeding severely. Untung and Lukman were further intimidated by the security guards display of weapons.
After the incident, Untung wrote a complaint regarding this incident in the public complaint column of the Kompas newspaper, which was published on July 3. On the same day, five men from BIN were looking for Lukman, but Lukman was hiding due to fear.
On July 3, Untung also reported the case to the LBH Jakarta. Untung had tried to find Lukman so they could make the report together, but Lukman was apparently avoiding him. After Untung made the complaint to LBH, three unknown men were also reported to be looking for Untung.
On July 6, Untung and a lawyer from LBH Jakarta made a complaint to the Jakarta Provincial Police Headquarters. The complaint accused Erik of violating the Criminal Code provision on “unpleasant acts”.
Earlier, on July 5 LBH Jakarta also wrote a letter to BIN asking for a clarification of this incident, and that those responsible be adequately punished.
On July 7, two officers from BIN, Joko Suyitno, staff of the Law Bureau Division and Chief of Security guard came to LBH Jakarta brought the letter from Herry Sutjipto, chief of the Public Bureau, with the requested clarification letter, which was also copied to the chief of the Jakarta Provincial Police Headquarters. According to the two officers, the motorcycle driver Lukman was violating traffic regulations. Although the officers admitted to the assault of Lukman and Untung, they claim to have had a reconciliation with Lukman. The officers further requested that the complaint to the police be withdrawn.
Although Untung is adamant not to withdraw the complaint, the police have taken no action to investigate this case. This is not surprising, as the Indonesian police are reluctant to deal with any matters relating to the military or intelligence officials.
SUGGESTED ACTION:
Please write to the authorities below expressing your grave concern regarding the behaviour of the Indonesian national intelligence staff, as well as the police. Unless ordinary citizens such as Untung and Lukman are able to obtain redress for the violation of their rights, and unless state officers are held accountable for their abuse of power, there can be no rule of law in Indonesia. Please urge the police to thoroughly and impartially investigate the case, ensuring the prosecution of the perpetrators. Also urge the authorities to reform Indonesias national intelligence service, which is commonly known to abuse its powers.
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SAMPLE LETTER
Dear________,
INDONESIA: Police inaction in case of national intelligence staffs assault on student and motorcycle taxi driver
Names of victims: Untung Surapati (21), a student at the Indonesian Christian University (UKI) and Lukman, a motorcycle taxi driver
Name of alleged perpetrators: Three security guards of the National Intelligence Body (BIN), one named Erik
I am writing to you to express my grave concern at the assault of a student and motorcycle driver by three security guards from Indonesia's National Intelligence Body (BIN). Untung Surapati and Lukman were assaulted and intimidated on 15 June 2006, when they passed the BIN office on Jl. Kalibata in Lukmans motorcycle taxi at 5:20pm.
At this time, they were stopped by Erik, a security guard. Two cars then backed out of the BIN office building and hit the motorcycle. After the two cars left however, Erik and two fellow security guards started to beat Lukman, saying that the accident was his fault. When Untung tried to run away, the security guards began to assault him as well.
Untung and Lukman were then taken to an office inside the building. The security guards continued to torture them by hitting their heads and faces until they were bleeding severely. Untung and Lukman were further intimidated by the security guards display of weapons.
After the incident, Untung wrote a complaint regarding this incident in the public complaint column of the Republika newspaper, which was published on July 3. On the same day, five men from BIN were looking for Lukman, but Lukman was hiding due to fear.
On July 3, Untung also reported the case to the LBH Jakarta. Untung had tried to find Lukman so they could make the report together, but Lukman was apparently avoiding him. After Untung made the complaint to LBH, three unknown men were also reported to be looking for Untung.
On July 6, Untung and a lawyer from LBH Jakarta made a complaint to the Jakarta Provincial Police Headquarters. The complaint accused Erik of violating the Criminal Code provision on "unpleasant acts". Earlier, on July 5 LBH Jakarta also wrote a letter to BIN asking for a clarification of this incident, and that those responsible be adequately punished.
I have learnt that in response, two officers from BIN, Joko Suyitno, staff of the Law Bureau Division and Chief of Security guard came to LBH Jakarta on July 7 brought the letter from Herry Sutjipto, chief of the Public Bureau, with the requested clarification letter, which was also copied to the chief of the Jakarta Provincial Police Headquarters. According to the two officers, the motorcycle driver Lukman was violating traffic regulations. Although the officers admitted to the assault of Lukman and Untung, they claim to have had a reconciliation with Lukman. The officers further requested that the complaint to the police be withdrawn.
Although Untung is adamant not to withdraw the complaint, the police have taken no action to investigate this case. This is not surprising, as the Indonesian police are reluctant to deal with any matters relating to the military or intelligence officials. I am aware that state officials are almost never held accountable for their misconduct. In the few instances when some action is taken against them, it is usually of a disciplinary or administrative nature, rather than criminal action.
I therefore urge you to take all necessary steps to ensure that this case is properly investigated by the police, and that the perpetrators are punished in accordance with the law. It is the duty of the police to take up all complaints, whether they are related to petty criminals or to senior state officers. Unless the Indonesian police can uphold the rule of law in this way, there is no hope for genuine democracy and the protection of human rights in the country. Please also ensure that adequate protection is provided to both Untung and Lukman while the case is ongoing.
I look forward to your prompt and effective action 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
2. Major General Syamsir Siregar
Chief of National Intelligence Body
Jl. Kalibata No. 19 Pejaten Timur
Pasar Minggu
Jakarta Selatan
INDONESIA
3. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62-21-721 8012
Fax: +62-21-720 7277
4. Inspector-General Adang Firman
Metrojaya Provincial Chief of Police
INDONESIA
Tel: +62-21-523 4001
Fax: +62-21-522 56463.
5. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
