Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding two corresponding cases of subsequent torture of persons by provincial sectors of the Indonesian Police and corrections officers. In neither case has action been taken against the alleged perpetrators despite complaints by the victims.
On 16 August 2006, Mr. Rudi Sebastian was arrested by officers of the Garut Attorney General’s Office and detained at the Garut Correctional Institution in the Garut district of West Java, where he was brutally tortured by four correctional officers. Mr. Sebastian was arrested after being sentenced to one-year imprisonment by the Garut District Court on 21 March 2006 for occupying a house without a valid permit.
Mr. Sebastian suffered severe bodily bruising and injuries; two broken fingers, swelling of the eyes, hands and legs and unable to walk. The next day of his arrest, when Mr. Sebastian’s wife- Mrs. Imas Tini- visited him at the correctional institution, he identified his torturers as Ahmad Syarif, Nana, Catur and Oki. On August 22, Mrs. Imas Tini made a complaint to the institutional authorities, but was threatened by the Chief of the Garut Correctional Institution, who allegedly said “You could complain to the police. But we cannot guarantee Rudi’s life”. Undeterred, Mrs. Imas Tini filed a formal complaint with the Resort Police of Garut. They gave her the letter code: Pol. STPL/1124.VIII/2006/SPK. However the following day, Mrs. Tini was barred from seeing her husband by officers at the Garut Correctional Institution. To date, despite a formal complaint, there has been no official investigation into Mr. Sebastian’s case.
The total abuse of State-appointed power and authority is also seen in the case of Kurniawan. On 8 September 2006, Kurniawan, the driver of a public transportation car (Sopir Angkutan Kota), was arrested by officers of the Jati Asih Police on the allegation of having stolen a motorcycle; the allegation which was not supported by conclusive evidence. The arresting officers ordered him to run which Kurniawan refused to do so. He was afraid that the police were intended to shoot him, which they would then manipulate in their police report as an attempt to escape arrest and therefore sure evidence of his guilt. This practice is commonplace in Indonesia and many other Asian countries. Kurniawan was then detained at the Jati Asih Police headquarters.
There, it is alleged that Brigadier BN and Brigadier Y used torture as a means of forcing Kurniawan’s confession. This involved severe beatings, burning him with cigarette butts, stamping on him, severe intimidation and death threats. Kurniawan was detained for one night, and then subsequently released without charges due to a lack of conclusive evidence.
Kurniawan filed a complaint with the Metro Jaya Provincial Police, but it was later rejected by the Officer-In-Chief of the Jati Asih Police Headquarters, Arjun Komisaris Hotlan HS. Meanwhile, the Jati Asih Police denies that Kurniawan was ever arrested and detained by them. Nonsurprisingly, there has been no official investigation into Mr. Kurniwans case after that.
ADDITIONAL COMMENTS:
Cases like these unfortunately are not an exception, but rather a common occurrence in Indonesia. Take the case of Mr. Denny Leuwoy for example; who on 19 August 2006, reportedly collided with a Maluku Provincial Police Officer’s motorcycle in the town of Taman Makmur, and was flagged down by police officers and taken to Benteng Police Station, where he was severely beaten and tortured until he lost consciousness. Mr. Leuwoy was taken to the Dr. M. Haulussy Hospital, where he succumbed to his injuries the following day (See further: UA-276-2006).
Indonesia was elected to the UN Human Rights Council in May of 2006. It was also a state party to the UN Convention against Torture (CAT). As such, it should be made the primary priority of the Indonesian Government to protect and uphold these fundamental rights for its citizens. Unfortunately, the existing domestic system of legislation in Indonesia fails to abide by and protect the fundamental principles against its international obligation.
SUGGESTED ACTION:
Please write to the relevant Indonesian authorities below expressing your grave concern and ethical denunciation of the unlawful conduct of the implicated officers of the Jati Asih Sector Police and the Garut Correctional Institution, and the inactivity of the higher provincial authorities in following the proper procedure in conducting an official investigation into the made allegations. As long as cases like Mr. Sebastian’s and Kurniawan’s continue to fall through the cracks of the paper-thin justice system, and state-officers continue to abuse the very laws which they have been appointed to enforce and protect, there can be no rule of law in Indonesia.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDONESIA: Police and corrections officers torture detainees
CASE 1:
Name of Victim: Mr. Rudi Sebastian
Alleged Perpetrators: Four officers of the Garut Correctional Institution: Ahmad Syarif, Nana, Catur, Oki
Date of Incident: 16 August 2006
Place of Incident: The Garut Correctional Institution (Lembaga Pemasyarakatan Garut) in Garut district of West Java
CASE 2:
Name of Victim: Kurniawan, the driver of a public transportation car (Sopir Angkutan Kota)
Alleged Perpetrators:
1. Officers of the Jati Asih Police (responsible for arbitrary arrest and detention)
2. Brigadier BN and Brigadier Y attached to the Jati Asih Sector Police Headquarters, Bekasi Province (prime suspects for torture)
Date of Incident: 8 September 2006
Place of Incident: Jati Asih Sector Police Headquarters, Bekasi Province.
I am writing to voice my deep concern regarding the unwarranted and unlawful arrest and subsequent torture of Kurniawan and Mr. Rudi Sebastian by the mentioned officers of the Jati Asih Sector Police and the Garut Correctional Institution, respectively.
Mr. Kurniawan was tortured by two senior officers of the Jati Asih Sector Police on 8 September 2006, in which Kurniawan was wrongly accused of having stolen a motorcycle; a charge that was not supported by any conclusive evidence.
It is alleged that he was initially ordered to run, by the arresting officers, who intended to shoot him, and later manipulate that in their police reports as an attempt to escape arrest. I believe that this they would use as damning evidence of Kurniawan's guilt, and justification for their actions. I am aware that this unfortunately is a common practice among law-enforcers in Indonesia, and indeed in many other Asian countries.
Kurniawan was then detained at the Jati Asih Police Headquarters, where the mentioned senior police Officers severely tortured him in attempt to force his confession. Kurniawan was detained for one night, and then subsequently released without charges due to lack of conclusive evidence.
Kurniawan attempted to file an official complaint with the Metro Jaya Provincial Police, but it was rejected by the Officer-In-Chief of the Jati Asih Police, Arun Komisaris Hotlan HS, who denied that Kurniwan was ever even arrested by them. As a result, Kurniawan has not obtained the rightful redress for the violation of his fundamental rights.
In a separate case, Mr. Sebastian was arrested by officers of the Garut Attorney General's Office on 16 August 2006. He was arrested after being sentenced to one-year imprisonment by the Garut District Court on 21 March 2006 for occupying a house without a valid permit. He was then detained at the Garut Correctional Institution, where he was subsequently tortured by the four named officers.
Mr. Sebastian suffered severe bodily bruising and injuries; two broken fingers, swelling of the eyes, hands and legs and unable to walk. The next day of his arrest, when Mr. Sebastian's wife- Mrs. Imas Tini- visited him at the correctional institution, he identified his torturers as the four correctional officers identified above. On August 22, Mrs. Imas Tini made a complaint to the institutional authorities, but was threatened by the Chief of the Garut Correctional Institution, who allegedly said "You could complain to the police. But we cannot guarantee Rudis life". Undeterred, Mrs. Imas Tini filed a formal complaint with the Resort Police of Garut. They gave her the letter code: Pol. STPL/1124.VIII/2006/SPK. However the following day, Mrs. Imas Tini was barred from seeing her husband by officers at the Garut Correctional Institution. To date, despite a formal complaint, there has been no official investigation into Mr. Sebastians case.
In light of the above, I strongly urge you to adopt all necessary measures in ensuring that both these cases receive the prompt and proper investigation that they deserve. Thorough investigation into any and all formal complaints made by public citizens is one of the most basic responsibilities of any law-enforcement agency. More importantly, it is the obligation of the State to apprehend and punish those state-officers who choose to subvert the Law for their own personal gain and profit. Therefore, the Law and Justice Department should conduct an official investigation against the accused officers of the Jati Asih Sector Police and the Garut Correctional Institution, and indefinitely suspend their duties while the investigation is pending.
I understand that Indonesia was elected to the UN Human Rights Council in May 2006 and is a state party to the UN Convention against Torture (CAT). As such, it should be made the primary priority of the Indonesian Government to protect and uphold these fundamental human rights for its citizens. Thus, I strongly urge the Indonesian Government to take all necessary measures in ensuring that domestic legislation acts in accordance with the CAT.
Kurniawan and Mr. Sebastian, and all those victims of torture, should be given the justice and redress that they rightfully deserve. By taking and implementing the aforementioned measures, the Indonesian State will undoubtedly justify and validate their place on the UN Human Rights Council.
I look forward to your prompt and effective action in this matter.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTER TO:
1. Gen. Sutanto
Chief of National Police
Jl. Trunojoyo No. 3
Jakarta Selatan
INDONESIA
Tel.: +62 21 721 8012
Fax: +62 21 720 727
2. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Uahi Utoyo Usman S.H.,
Menteri Kehkiman,
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: +62 21 525 3095
3. Inspector-General Adang Firman
Metrojaya Provincial Chief of Police
INDONESIA
Tel: +62 21 523 4001
Fax: +62 21 522 56463
4. Drs. Sugeng Hendrijo, Bc.IP, SH.
Head of the West Java Regional Office for Justice and Human Rights
Kanwil Jawa Barat
Jl. Jakarta No. 27, Bandung 40272
Jawa Barat
INDONESIA
Tel/fax: +62 22 727 3898
5. Inspector-General Pol. Edi Darnadi
Chief of West Java Provincial Police
Mapolda Jawa Barat
Jl. Pelajar Perjuangan 45 No. 31 at
Bandung Jawa Barat
INDONESIA
6. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
7. Ms. Sulistyowati Sugondo
Sub Commissioner of Civil and Political Rights
KOMNAS HAM
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
8. Mr. Trimedya Panjaitan
Chairman
Third Commission (Commission on Law and Human Rights)
Indonesia House of Representatives
Gedung DPR/MPR RI
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Tel: + 62 21 5717769
Fax: + 62 21 571 5532, 5715566
9. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
