Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the Jakarta Legal Aid Institute regarding the arbitrary arrest and detention of a man who has been detained in Cengkareng Police Precinct since 28 May 2007. By this time, his family and the lawyer appointed by family members have been denied permission to visit the man.
CASE DETAILS:
According to the information we have received from the Jakarta Legal Aid Institute, at around 3pm on 28 May 2007, when Mr. Mas Udin was doing his usual work of collecting building ruins for a living, five police officers from a special force called ‘BUSER’ in plain clothes arrested him without any arrest warrant. The police officers interrogated him at the scene of the arrest and took him to Cengkareng Police Precinct where he was subsequently detained.
It was believed that Mr. Mas Udin’s arrest was in connection with the murder of a victim named Rahmat that took place 43 days earlier. While he was being interrogated, the police officers forced him to produce the evidence of the murder. But the brother of the murder victim, Nurjaya, who witnessed the murder, declared Udin’s appearance to be different to that of the suspect in the murder.
Mr. Mas Udin has been detained at the Cengkareng Police Precinct (Kepolisian RI, Sektor Cengkareng, Jakarta Barat) since his arrest on May 28. There have been several attempts by staffs of the Jakarta Legal Aid Institute to visit him at his detention cell but they were repeatedly denied entry by the police for various reasons. Their refusal is said to be due to an administration provision which was not regulated in the Indonesian Criminal Procedure Law.
As requested by the victim’s family, the Jakarta Legal Aid Institute filed a case against the Indonesian Police for the illegal detention before the Jakarta Barat District Court. The court hearing was held from 24 to 31 July 2007. However, the case, registered as Mas Udin’s family v. the Indonesia Police number 05/Pid/pra/2007/PN.JKT.BAR, was dismissed. It was later known that the police appointed a lawyer for the victim whereas the victim’s family appointed the Institute as a legal representative.
While the family and their appointed lawyer had been continuously denied to see the victim, his condition has so far not been ascertained.
The AHRC is gravely concerned by continuous denial of visit by the family members to the victim. Even though the police insist that they have appointed a lawyer for the victim however, the police do not have a right to prohibit the family members to visit the victim for over 2 months since his arrest.
SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them to ensure the access to the victim by his family and the right to choose a legal assistance on his own decision.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDONESIA: Police deny visit of family members and legal access to arrestee
Name of the victim: Mas Udin, aged 22, labour worker of Pedongkelan Belakang, residing at RT 11/16, Kelurahan Kapuk, Kecamatan Cengkareng, Jakarta Barat
Alleged perpetrators: five special police force from Cengkareng police
Date of incident: from 28 May 2007 to present
Place of detained at: Cengkareng Police Precinct, Jakarta Barat
I am writing to draw your attention to the case of Mas Udin, a 22-year-old man whom police officers allegedly illegally arrested in 28 May 2007. He is presently detained at the Cengkareng Police Precinct. Udin was arbitrarily arrested by five police special force while he was collecting building ruins for a living.
I have learned that the police officers arresting him have failed to show any arrest warrants and did not wear police uniforms when they arrested him. They had the victim interrogated at the place where he was arrested and was forced to produce evidence of a murder of one Rahmat that took place 43 days earlier. The brother of the murder victim, Nurjaya, who had witnessed the murder, however described the suspect’s appearance is different from that of Udin.
When the complaint against the Indonesian Police for illegal arrest and detention was filed, the court however had dismissed the case. The complaint was registered as Mas Udin’s family v. the Indonesia Police number 05/Pid/pra/2007/PN.JKT.BAR. I am deeply concerned however that the case could have not been thoroughly reviews when it was dismissed.
Firstly, the victim has not been allowed to consult with the legal counsel of his own choice since his arrest. The legal aids assisting him were not allowed free access to his detention center. Therefore, there are serious concerns that he was not properly represented in court; and the circumstances of his arrest are yet to be known. Although the police had already given him legal counsel, it was not of his own choice as required in the lawful process.
I am deeply concerned of the victim’s denial of his right to be visited by legal aid and the continued refusal by the Cengkareng Police Precinct to have him visited inside his detention center. To deny a prisoner visits while in detention is unacceptable. Jail visitation is a basic right to that should have been guaranteed. I therefore urge you to ensure the police precinct concerned this is done.
Secondly, I urge you to ensure that a thorough review is conducted promptly into the victim’s case. Allegations that his arrest could have been done by mistaken identity and that his appearance does not fit to the witness’ description of the murder suspect must be seriously considered. Unless this is resolved independently by way of credible investigation, it could seriously undermine the judicial process and poses a risk of prosecuting an innocent person.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel: +62 21 721 8012 / 721 8144
Fax: +62 21 720 7277
2. Cengkareng Police Precinct (Kepolisian Sektor Cengkareng)
Jl. Kamal Raya, Cengkareng
Jakarta Barat 11730
INDONESIA
Fax: +62 21 570 3037 / +62 21 523 4051
3. Jakarta Barat District Court (Pengadilan Negeri Jakarta Barat)
Jl. S. Parman Nomor 71
Jakarta Barat
INDONESIA
Phone: +62 21 535 9831
Fax: +62 21 532 2312
4. 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
5. 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
6. 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 4138 / 345 2685 / 345 7782
7. Ms. Leïla Zerrougui
Chairperson
UN Working Group on Arbitrary Detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
